HBA- MPA H.B. 3076 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3076 By: Wilson Licensing & Administrative Procedures 5/7/1999 Introduced BACKGROUND AND PURPOSE Currently, a person may not assign to another person ownership of a prize or portion of a prize from the Texas Lottery. H.B. 3076 permits a person to enter into a contract with an attorney that assigns to the attorney the right to receive from a prize payment the reasonable attorney's fees for establishing the person's ownership of such prize. The assignment to an attorney would not be transferable to another person. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 466.310, Government Code, to provide that a contract between a person entitled to a prize or a portion of a prize and an attorney that assigns to the attorney the right to receive from a prize payment the reasonable attorney's fees for establishing the person's ownership of the prize is not an assignment or transfer of a right to claim a prize. Makes a conforming change. SECTION 2. Amends Section 466.406, Government Code, by adding Subsections (d) and (e), to authorize a person entitled to a prize or a portion of a prize to assign by contract to an attorney the right to receive from a prize payment the reasonable attorney's fees for establishing the person's ownership of the prize or portion of a prize. Provides that such right of an attorney to receive an assignment be paid in installments by the Texas Lottery Commission (commission) is not assignable by the attorney to another person. SECTION 3. Amends Sections 466.407(a) and (b), to make conforming changes. SECTION 4. Amends Subchapter I, Chapter 466, Government Code, by adding Section 466.410, as follows: Sec. 466.410. ASSIGNMENT OF PRIZES. (a) Authorizes a person to assign by contract the right to receive a prize payment or a portion of a prize payment for reasonable attorney's fees to establish the person's ownership in the prize payment. (b) Provides that the person who claims an ownership interest in the prize and retained the attorney, to make an assignment under this section, must file separate sworn affidavits requesting the assignment be made and stating the nature and terms of the assignment contract. (c) Provides that any suit filed relating to an assignment under this section must be filed in a district court in Travis County. Authorizes the commission to intervene in the suit. SECTION 5. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6.Emergency clause.