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.