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.