By Pitts H.B. No. 47
76R269 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to unclaimed lottery prizes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 466.355(b), Government Code, is amended
1-5 to read as follows:
1-6 (b) Money in the state lottery account may be used only for
1-7 the following purposes and shall be distributed as follows:
1-8 (1) the payment of prizes to the holders of winning
1-9 tickets;
1-10 (2) the payment of unclaimed prize money to the
1-11 general revenue fund as provided by Section 466.408;
1-12 (3) [(2)] the payment of costs incurred in the
1-13 operation and administration of the lottery, including any fees
1-14 received by a lottery operator, provided that the costs incurred in
1-15 a fiscal biennium may not exceed an amount equal to 12 percent of
1-16 the gross revenue accruing from the sale of tickets in that
1-17 biennium;
1-18 (4) [(3)] the establishment of a pooled bond fund,
1-19 lottery prize reserve fund, unclaimed prize fund, and prize payment
1-20 account; and
1-21 (5) [(4)] the balance, after creation of a reserve
1-22 sufficient to pay the amounts needed or estimated to be needed
1-23 under Subdivisions (1) through (4) [(3)], to be transferred to the
1-24 foundation school fund, on or before the 15th day of each month.
2-1 SECTION 2. Sections 466.408(b) and (c), Government Code, are
2-2 amended to read as follows:
2-3 (b) If a claim is not made for prize money on or before the
2-4 180th day after the date on which the winner was selected, the
2-5 prize money shall be deposited in the unobligated portion of the
2-6 general revenue fund [used to provide additional money to the
2-7 state lottery account for the purposes prescribed by Section
2-8 466.355(b)(1)].
2-9 (c) If a claim is not made for a prize other than prize
2-10 money on or before the 180th day after the date on which the winner
2-11 was selected, the prize shall be sold at the end of the fiscal year
2-12 by competitive bid or auction under the provisions of Subchapter D,
2-13 Chapter 2175, and, notwithstanding Section 2175.185(a), the
2-14 proceeds shall be deposited in the unobligated portion of the
2-15 general revenue fund [the prize shall revert to the division for
2-16 use in subsequent games].
2-17 SECTION 3. This Act takes effect September 1, 1999, and
2-18 applies only to a prize for which the winner is selected on or
2-19 after September 1, 1999. A prize for which the winner was selected
2-20 before September 1, 1999, is governed by the law as it existed
2-21 immediately before the effective date of this Act, and that law is
2-22 continued in effect for that purpose.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.