By Junell H.B. No. 3370
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a gift, political contribution or activity of an
1-3 officer or employee of the Texas Lottery Commission or a former
1-4 officer or employee of the Texas Lottery Commission.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 467.001, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 467.001. DEFINITIONS. In this chapter:
1-9 (1) "Commission" means the Texas Lottery Commission.
1-10 (2) "Executive director" means the executive director
1-11 of the Texas Lottery Commission.
1-12 (3) "Communicate directly with" has the meaning
1-13 assigned by Section 305.002, Government Code.
1-14 (4) "Gift" includes a gratuity, trip, meal, or other
1-15 thing of value for which the recipient does not compensate the
1-16 person making the gift and it is not conferred on account of
1-17 kinship or a personal, professional, or business relationship
1-18 independent of the official status of the recipient.
1-19 (5) "Legislation" has the meaning assigned by Section
1-20 305.002.
1-21 (6) "Member of the legislative branch" has the meaning
1-22 assigned by Section 305.002.
1-23 (7) "Participated" means to have taken action as an
1-24 officer or employee through decision, approval, disapproval,
2-1 recommendation, giving advice, or similar action.
2-2 (8) "Particular matter" includes an investigation, an
2-3 application, a request for a ruling or determination, a license
2-4 proceeding, rulemaking, a contract, a controversy, a claim, a
2-5 charge, an accusation, an arrest, or a judicial or other
2-6 proceeding.
2-7 (9) "Person that has a significant financial interest
2-8 in the lottery" means:
2-9 (A) a board member, officer, trustee or
2-10 fiduciary of a person that manufactures, distributes, sells or
2-11 produces lottery equipment, supplies, services, or advertising;
2-12 (B) an employee of a person that manufactures,
2-13 distributes, sells or produces lottery equipment, supplies,
2-14 services, or advertising and that employee is directly involved in
2-15 the manufacturing, distribution, selling or production of lottery
2-16 equipment, supplies, services, or advertising;
2-17 (C) a board member, officer, trustee or
2-18 fiduciary of a person that has made a bid to operate the lottery in
2-19 the preceding two years or that intends to make a bid to operate
2-20 the lottery or employee of the person if the employee is directly
2-21 involved in making the bid; or
2-22 (D) a sales agent.
2-23 (10) "Political committee" has the meaning assigned by
2-24 Section 251.001, Election Code.
2-25 (11) "Political contribution" has the meaning assigned
2-26 by Section 251.001, Election Code.
2-27 SECTION 2. Subchapter C, Chapter 467, Government Code, is
3-1 amended by adding Section 467.106 to read as follows:
3-2 Sec. 467.106. GIFT OR POLITICAL CONTRIBUTION TO OFFICER OR
3-3 EMPLOYEE. (a) A commission member, the executive director, or an
3-4 employee of the commission may not intentionally or knowingly
3-5 accept a gift or political contribution from:
3-6 (1) a person that has a significant financial interest
3-7 in the lottery;
3-8 (2) a person related in the first degree of
3-9 consanguinity or affinity to a person that has a significant
3-10 financial interest in the lottery;
3-11 (3) a person that owns more than a 10 percent interest
3-12 in an entity that has a significant financial interest in the
3-13 lottery;
3-14 (4) a political committee that is directly
3-15 established, administered, or controlled, in whole or in part, by a
3-16 person that has a significant financial interest in the lottery; or
3-17 (5) a person who, within the two years preceding the
3-18 date of the gift or contribution, won a lottery prize exceeding
3-19 $600 in amount or value.
3-20 (b) A person may not make a gift or political contribution
3-21 to a person known by the actor to be a commission member, the
3-22 executive director, or an employee of the commission, if the actor:
3-23 (1) has a significant financial interest in the
3-24 lottery;
3-25 (2) is related in the first degree of consanguinity or
3-26 affinity to a person that has a significant financial interest in
3-27 the lottery;
4-1 (3) owns more than a 10 percent interest in an entity
4-2 that has a significant financial interest in the lottery;
4-3 (4) is a political committee that is directly
4-4 established, administered, or controlled, in whole or in part, by a
4-5 person that has a significant financial interest in the lottery; or
4-6 (5) within the two years preceding the date of the
4-7 gift or contribution, won a lottery prize exceeding $600 in amount
4-8 or value.
4-9 (c) A person commits an offense if the person violates this
4-10 section. An offense under this section is a Class A misdemeanor.
4-11 SECTION 3. Subchapter C, Chapter 467, Government Code, is
4-12 amended by adding Section 467.107 to read as follows:
4-13 Sec. 467.107. GIFT OR POLITICAL CONTRIBUTION TO FORMER
4-14 OFFICER OR EMPLOYEE. (a) A former commission member, former
4-15 executive director, or former employee of the commission may not,
4-16 before the second anniversary of the date that the person's service
4-17 in office or employment with the commission ceases, intentionally
4-18 or knowingly accept a gift or political contribution from:
4-19 (1) a person that has a significant financial interest
4-20 in the lottery;
4-21 (2) a person related in the first degree of
4-22 consanguinity or affinity to a person that has a significant
4-23 financial interest in the lottery;
4-24 (3) a person that owns more than a 10 percent interest
4-25 in an entity that has a significant financial interest in the
4-26 lottery;
4-27 (4) a political committee that is directly
5-1 established, administered, or controlled, in whole or in part, by a
5-2 person that has a significant financial interest in the lottery; or
5-3 (5) a person who, within the two years preceding the
5-4 date of the gift or contribution, won a lottery prize exceeding
5-5 $600 in amount or value.
5-6 (b) A person may not make a gift or political contribution
5-7 to a person known by the actor to be a former commission member,
5-8 former executive director, or former employee of the commission, if
5-9 the actor:
5-10 (1) has a significant financial interest in the
5-11 lottery;
5-12 (2) is related in the first degree of consanguinity or
5-13 affinity to a person that has a significant financial interest in
5-14 the lottery;
5-15 (3) owns more than a 10 percent interest in an entity
5-16 that has a significant financial interest in the lottery;
5-17 (4) is a political committee that is directly
5-18 established, administered, or controlled, in whole or in part, by a
5-19 person that has a significant financial interest in the lottery; or
5-20 (5) within the two years preceding the date of the
5-21 gift or contribution, won a lottery prize exceeding $600 in amount
5-22 or value.
5-23 (c) A person commits an offense if the person violates this
5-24 section. An offense under this section is a Class A misdemeanor.
5-25 SECTION 4. Subchapter C, Chapter 467, Government Code, is
5-26 amended by adding Section 467.108 to read as follows:
5-27 Sec. 467.108. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.
6-1 (a) A former commission member, former executive director, or
6-2 former director may not:
6-3 (1) for compensation, represent a person that has made
6-4 or intends to make a bid to operate the lottery before the
6-5 commission before the second anniversary of the date that the
6-6 person's service in office or employment with the commission
6-7 ceases;
6-8 (2) represent any person or receive compensation for
6-9 services rendered on behalf of any person regarding a particular
6-10 matter in which the former officer or employee participated during
6-11 the period of service or employment with the commission, either
6-12 through personal involvement or because the matter was within the
6-13 scope of the officer's or employee's official responsibility; or
6-14 (3) for compensation communicate directly with a
6-15 member of the legislative branch to influence legislation on behalf
6-16 of a person that has a significant financial interest in the
6-17 lottery, before the second anniversary of the date that the
6-18 person's service in office or employment with the commission
6-19 ceases.
6-20 (b) A person commits an offense if the person violates this
6-21 section. An offense under this section is a Class A misdemeanor.
6-22 SECTION 5. Sections 466.301, 466.314, 466.315, and 466.316,
6-23 Government Code, are repealed.
6-24 SECTION 6. This Act takes effect September 1, 1997.
6-25 SECTION 7. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended.