1-1 By: Nixon S.B. No. 237
1-2 (In the Senate - Filed January 17, 1997; January 21, 1997,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 24, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 11, Nays 1; February 24, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Ellis
1-7 Amend S.B. No. 237, Section 466.355(b)(4) and (5) to read as
1-8 follows and renumbering the existing sections accordingly:
1-9 (4) the transfer to the foundation school fund of an
1-10 amount equal to 95 percent of the savings resulting from any
1-11 competitive bidding of contracts awarded under Section 466.014(b);
1-12 (5) the transfer to the Texas Workforce Commission for
1-13 community-based adult literacy programs of an amount equal to five
1-14 percent of the savings resulting from any competitive bidding of
1-15 contracts awarded under Section 466.014(b); and
1-16 A BILL TO BE ENTITLED
1-17 AN ACT
1-18 relating to competitive bids for state lottery contracts.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 466.355, Government Code, is amended by
1-21 amending Subsection (b) and adding Subsection (c) to read as
1-22 follows:
1-23 (b) Money in the state lottery account may be used only for
1-24 the following purposes and shall be distributed as follows:
1-25 (1) the payment of prizes to the holders of winning
1-26 tickets;
1-27 (2) the payment of costs incurred in the operation and
1-28 administration of the lottery, including any fees received by a
1-29 lottery operator, provided that the costs incurred in a fiscal
1-30 biennium may not exceed an amount equal to 15 percent of the gross
1-31 revenue accruing from the sale of tickets in that biennium;
1-32 (3) the establishment of a pooled bond fund, lottery
1-33 prize reserve fund, unclaimed prize fund, and prize payment
1-34 account; [and]
1-35 (4) the transfer to the foundation school fund of an
1-36 amount equal to the savings resulting from any competitive bidding
1-37 of contracts awarded under Section 466.014(b); and
1-38 (5) the balance, after creation of a reserve
1-39 sufficient to pay the amounts needed or estimated to be needed
1-40 under Subdivisions (1) through (4) [(3)], to be transferred to the
1-41 unobligated portion of the general revenue fund, on or before the
1-42 15th day of each month.
1-43 (c) For the purposes of Subsection (b), the savings
1-44 resulting from competitive bidding of a contract is the difference
1-45 between the amount contracted to be paid for the functions,
1-46 activities, or services to be provided under the contract and:
1-47 (1) if the functions, activities, or services have
1-48 been previously obtained, the amount that would have been paid for
1-49 the same functions, activities, or services during the period
1-50 covered by the contract if those functions, activities, or services
1-51 had been obtained in the manner they were obtained immediately
1-52 before the contract goes into effect; or
1-53 (2) if the functions, activities, or services have not
1-54 been previously obtained, the amount that would have been paid for
1-55 those functions, activities, or services if they had been obtained
1-56 without competitive bidding.
1-57 SECTION 2. This Act takes effect September 1, 1997.
1-58 SECTION 3. The importance of this legislation and the
1-59 crowded condition of the calendars in both houses create an
1-60 emergency and an imperative public necessity that the
1-61 constitutional rule requiring bills to be read on three several
1-62 days in each house be suspended, and this rule is hereby suspended.