Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      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 by

 1-7     adding Subsections (3), (4), (5), (6), (7), (8), (9), (10), (11),

 1-8     and (12) 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)  "Executive Director" means the executive director

1-16     of the Texas Lottery Commission.

1-17                 (5)  "Gift" includes a gratuity, trip, meal, or other

1-18     thing of value for which the recipient does not compensate the

1-19     person making the gift and it is not conferred on account of

1-20     kinship or a personal, professional or business relationship

1-21     independent of the official status of the recipient.

1-22                 (6)  "Legislation" has the meaning assigned by Section

1-23     305.002.

1-24                 (7)  "Member of the legislative branch" has the meaning

 2-1     assigned by Section 305.002.

 2-2                 (8)  "Participated" means to have taken action as an

 2-3     officer or employee through decision, approval, disapproval,

 2-4     recommendation, giving advice, or similar action.

 2-5                 (9)  "Particular matter" includes an investigation, an

 2-6     application, a request for a ruling or determination, a license

 2-7     proceeding, rulemaking, a contract, a controversy, a claim, a

 2-8     charge, an accusation, an arrest, or a judicial or other

 2-9     proceeding.

2-10                 (10)  "Person that has a significant financial interest

2-11     in the lottery" means:

2-12                       (A)  a board member, officer, trustee or

2-13     fiduciary of a person that manufactures, distributes, sells or

2-14     produces lottery equipment, supplies, services, or advertising;

2-15                       (B)  an employee of a person that manufactures,

2-16     distributes, sells or produces lottery equipment, supplies,

2-17     services, or advertising and that employee is directly involved in

2-18     the manufacturing, distribution, selling or production of lottery

2-19     equipment;

2-20                       (C)  a board member, officer, trustee or

2-21     fiduciary of a person that has made a bid to operate the lottery in

2-22     the preceding two years or that intends to make a bid to operate

2-23     the lottery or employee of the person if the employee is directly

2-24     involved making the bid; or

2-25                       (D)  a sales agent.

2-26                 (11)  "Political committee" has the meaning assigned by

2-27     Section 251.001, Election Code.

2-28                 (12)  "Political contribution" has the meaning assigned

2-29     by Section 251.001, Election Code.

2-30           SECTION 2.  Chapter 467, Government Code, is amended by

 3-1     adding Section 467.106 to read as follows:

 3-2           467.106.  Gift or Political Contribution to Present or Former

 3-3     Officer or Employee

 3-4           (a)  A commission member, the executive director, or an

 3-5     employee of the commission may not intentionally or knowingly

 3-6     accept a gift or political contribution from:

 3-7                 (1)  a person that has a significant financial interest

 3-8     in the lottery;

 3-9                 (2)  a person related in the first degree of

3-10     consanguinity or affinity to a person that has a significant

3-11     financial interest in the lottery;

3-12                 (3)  a person that owns more than a 10 percent interest

3-13     in an entity that has a significant financial interest in the

3-14     lottery;

3-15                 (4)  a political committee that is directly

3-16     established, administered or controlled, in whole or in part, by a

3-17     person that has a significant financial interest in the lottery, or

3-18                 (5)  a person, who within the two years preceding the

3-19     date of the gift or contribution, won a lottery prize exceeding

3-20     $600 in amount or value.

3-21           (b)  A person may not make a gift or political contribution

3-22     to a person known by the actor to be a commission member, the

3-23     executive director, or an employee of the commission, if the actor

3-24                 (1)  has a significant financial interest in the

3-25     lottery;

3-26                 (2)  is related in the first degree of consanguinity or

3-27     affinity to a person that has a significant financial interest in

3-28     the lottery;

3-29                 (3)  owns more than a 10 percent interest in an entity

3-30     that has a significant financial interest in the lottery;

 4-1                 (4)  is a political committee that is directly

 4-2     established, administered or controlled, in whole or in part, by a

 4-3     person that has a significant financial interest in the lottery; or

 4-4                 (5)  within the 2 years exceeding the date of the gift

 4-5     or contribution, won a lottery prize exceeding $600 in amount or

 4-6     value.

 4-7           (c)  A person commits an offense if the person violated this

 4-8     section.  An offense under this section is a Class A misdemeanor.

 4-9           SECTION 3.  Chapter 467, Government Code, is amended by

4-10     adding Section 467.107 to read as follows:

4-11           467.107  Gift or Political Contribution to Former Officer or

4-12     Employee

4-13           (a)  A former commission member, former executive director,

4-14     or former employee of the commission may not, before the second

4-15     anniversary of the date that the person's service in office or

4-16     employment with the division ceases, intentionally or knowingly

4-17     accept a gift or political contribution from:

4-18                 (1)  a person that has a significant financial interest

4-19     in the lottery;

4-20                 (2)  a person related in the first degree of

4-21     consanguinity or affinity to a person that has a significant

4-22     financial interest in the lottery;

4-23                 (3)  a person that owns more than a 10 percent interest

4-24     in an entity that has a significant financial interest in the

4-25     lottery;

4-26                 (4)  a political committee that is directly

4-27     established, administered or controlled, in whole or in part, by a

4-28     person that has a significant financial interest in the lottery, or

4-29                 (5)  a person, who within the two years preceding the

4-30     date of the gift or contribution, won a lottery prize exceeding

 5-1     $600 in amount or value.

 5-2           (b)  A person may not make a gift or political contribution

 5-3     to a person known by the actor to be a former commission member,

 5-4     former executive director, or former employee of the commission, if

 5-5     the actor:

 5-6                 (1)  has a significant financial interest in the

 5-7     lottery;

 5-8                 (2)  is related in the first degree of consanguinity or

 5-9     affinity to a person that has a significant financial interest in

5-10     the lottery;

5-11                 (3)  owns more than a 10 percent interest in an entity

5-12     that has a significant financial interest in the lottery;

5-13                 (4)  is a political committee that is directly

5-14     established, administered or controlled, in whole or in part, by a

5-15     person that has a significant financial interest in the lottery; or

5-16                 (5)  within the 2 years exceeding the date of the gift

5-17     or contribution, won a lottery prize exceeding $600 in amount or

5-18     value.

5-19           (c)  A person commits an offense if the person violated this

5-20     section.  An offense under this section is a Class A misdemeanor.

5-21           SECTION 4.  Chapter 467, Government Code, is amended by

5-22     adding Section 467.108 to read as follows:

5-23           Sec. 467.108.  Representation by Former Officer or Employee

5-24           (a)  A former commission member, former executive director,

5-25     or former director may not:

5-26                 (1)  for compensation, represent a person that has made

5-27     or intends to make a bid to operate the lottery before the

5-28     commission before the second anniversary of the date that the

5-29     person's service in office or employment with the commission

5-30     ceases;

 6-1                 (2)  represent any person or receive compensation for

 6-2     services rendered on behalf of any person regarding a particular

 6-3     matter in which the former officer or employee participated during

 6-4     the period of service or employment with the division, either

 6-5     through personal involvement or because the matter was within the

 6-6     scope of the officer's or employee's official responsibility; or

 6-7                 (3)  for compensation communicate directly with a

 6-8     member of the legislative branch to influence legislation on behalf

 6-9     of a person that has a significant financial interest in the

6-10     lottery, before the second anniversary of the date that the

6-11     person's service in office or employment with the commission

6-12     ceases.

6-13           (b)  A person commits an offense if the person violated this

6-14     section.  An offense under this section is a Class A misdemeanor.

6-15           SECTION 5.  Sections 466.301, 466.314, 466.315, and 466.316,

6-16     Government Code, are repealed.

6-17           SECTION 6.  This Act takes effect September 1, 1997.

6-18           SECTION 7.  The importance of this legislation and the

6-19     crowded condition of the calendars in both houses create an

6-20     emergency and an imperative public necessity that the

6-21     constitutional rule requiring bills to be read on three several

6-22     days in each house be suspended, and this rule is hereby suspended.