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.