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