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.