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.