SRC-ARR S.B. 137 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 137
76R3605 AJA-DBy: Carona
State Affairs
2/16/1999
As Filed


DIGEST 

Currently, Texas law does not prohibit the purchase of lottery tickets by
minors. While Section 466.3051, Government Code, prohibits sales agents or
their employees from selling lottery tickets to minors, the advent of
instant lottery ticket vending machines has resulted in an influx of minors
buying tickets from machines, rather than sales agents. S.B. 137 provides
that a sales agent who sells a lottery ticket to a minor and a minor who
purchases a lottery ticket may be punished by a Class C misdemeanor or a
Class B misdemeanor in certain circumstances. 

PURPOSE

As proposed, S.B. 137 regulates the sale of lottery tickets by vending
machine; and the purchase of a lottery ticket by a person younger than the
age of 18; imposes of criminal penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 466G, Government Code, to add Section 466.3041,
as follows: 

Sec. 466.3041. SALE OF TICKETS BY VENDING MACHINE. Requires a sales agent
who sells tickets by means of a ticket vending machine to post a sign in a
conspicuous place on the machine.  Sets forth the information  the sign
must include.  Requires the sales agent to ensure that each ticket vending
machine is within an area closely monitored by the sales agent or an
employee of the sales agent to ensure that tickets are purchased from the
machine only by persons 18 years of age or older.  Provides that this
section does not limit the authority of the Texas Lottery Commission to
establish other requirements or restrictions or to take other action to
enforce Section 466.3051.  Provides that a sales agent who violates
Subsection (a) or (b) commits a Class C misdemeanor. 

SECTION 2. Amends Section 466.3051, Government Code, to provide that an
individual who is younger than 18 years of age commits an offense if the
individual purchases a ticket or falsely represents himself or herself to
be 18 years of age in order to purchase a ticket.  Provides that it is a
defense to the application of Subsection (b) if the individual younger than
18 years of age is participating in an inspection or investigation
regarding compliance with this section.  Provides that, except for as
provided by Subsection (f), an offense under Subsection (a) is a Class C
misdemeanor. Provides that an offense under Subsection (a) is a Class B
misdemeanor if it is shown on the trial of the offense that the defendant
has been previously convicted under Subsection (a).  Provides that an
offense under Subsection (b) is a misdemeanor punishable by a fine not to
exceed $250. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Makes application of this Act prospective. 

SECTION 5. Emergency clause.