By Haywood S.B. No. 169
75R1180 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to lottery tickets stolen from a lottery sales agent.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 466.353, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 466.353. LIABILITY OF SALES AGENT. (a) Except
1-7 as provided by Subsection (c), a [A] sales agent is liable to the
1-8 division for all tickets accepted or generated by the sales agent
1-9 or any employee or agent of the sales agent, and tickets shall be
1-10 deemed to have been purchased by the sales agent unless returned to
1-11 the division within the time and manner prescribed by the division.
1-12 (b) Money received by a sales agent from the sales of
1-13 tickets, less the amount retained for prizes paid by the sales
1-14 agent or for the agent's commission, if any, together with any
1-15 unsold tickets, shall be held in trust for the benefit of the state
1-16 before delivery to a lottery operator or the division or electronic
1-17 transfer to the state treasury, and the sales agent is liable to
1-18 the division for the full amount of the money or unsold tickets so
1-19 held. If the sales agent is not an individual, each officer,
1-20 director, or owner of the sales agent is personally liable to the
1-21 division for the full amount of the money or unsold tickets held in
1-22 trust for the benefit of the state.
1-23 (c) A sales agent is not liable to the division for a ticket
1-24 stolen from the sales agent if:
2-1 (1) after the sales agent discovers that the ticket is
2-2 no longer in the sales agent's possession, the sales agent provides
2-3 the division with prompt written notice regarding a possible theft
2-4 of the ticket;
2-5 (2) the stolen ticket is not redeemed for a prize; and
2-6 (3) without regard to the condition of a ticket, the
2-7 stolen ticket is returned to the division not later than the 180th
2-8 day after the date the sales agent provides the division with
2-9 written notice that the ticket has been stolen.
2-10 (d) The commission shall redistribute to sales agents all
2-11 previously stolen tickets that have been returned in an undamaged
2-12 condition to the division if the commission determines that the
2-13 redistribution of tickets does not affect the integrity of the
2-14 operation of a lottery game.
2-15 SECTION 2. This Act takes effect September 1, 1997, and
2-16 applies only to a lottery ticket reported to the Lottery Commission
2-17 as stolen on or after that date. A lottery ticket reported as
2-18 stolen before the effective date of this Act is covered by the
2-19 former law in effect when the ticket was stolen and that law is
2-20 continued in effect for that purpose.
2-21 SECTION 3. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.