By Wilson H.B. No. 703
76R3247 AJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the purchase and sale of lottery tickets; providing a
1-3 penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 466.3052, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 466.3052. PURCHASE AND SALE OF TICKETS [SALE OF TICKET
1-8 FOR FOOD STAMPS, CREDIT OR DEBIT CARD, OR BY TELEPHONE OR MAIL
1-9 ORDER]. (a) A person commits an offense if the person
1-10 intentionally or knowingly sells a ticket and [:]
1-11 [(1)] the person accepts anything other than the
1-12 following as payment for the ticket:
1-13 (1) United States currency;
1-14 (2) a negotiable instrument in the form of a check
1-15 that meets the requirements of Section 3.104, Business & Commerce
1-16 Code;
1-17 (3) a debit made through a financial institution debit
1-18 card;
1-19 (4) a coupon or voucher issued by the commission for
1-20 purposes of purchasing a lottery ticket; or
1-21 (5) a mail order subscription on a mail order
1-22 subscription form authorized by the commission
1-23 [(A) a food stamp coupon issued under the food
1-24 stamp program administered under Chapter 33, Human Resources Code,
2-1 as payment; or]
2-2 [(B) a credit card or a debit card as a source
2-3 of payment;]
2-4 [(2) the sale is made over the telephone; or]
2-5 [(3) the sale is made by mail-order sales].
2-6 (b) An offense under this section is a Class C misdemeanor.
2-7 SECTION 2. Subchapter G, Chapter 466, Government Code, is
2-8 amended by adding Section 466.3055 to read as follows:
2-9 Sec. 466.3055. PURCHASE FOR THIRD PARTY. (a) A person
2-10 commits an offense if the person enters into an agreement to
2-11 purchase tickets on behalf of another person and intentionally or
2-12 knowingly:
2-13 (1) uses any part of the funds solicited or accepted
2-14 for a purpose other than purchasing tickets on behalf of the other
2-15 person; or
2-16 (2) retains a share of any prize awarded as
2-17 compensation for purchasing or agreeing to purchase tickets on
2-18 behalf of the other person.
2-19 (b) An offense under this section is a felony of the third
2-20 degree.
2-21 SECTION 3. Section 466.3053, Government Code, is repealed.
2-22 SECTION 4. This Act takes effect September 1, 1999.
2-23 SECTION 5. (a) The change in law made by this Act to
2-24 Section 466.3052, Government Code, applies only to an offense
2-25 committed under that section on or after the effective date of this
2-26 Act. For purposes of this section, an offense is committed before
2-27 the effective date of this Act if any element of the offense occurs
3-1 before that date.
3-2 (b) An offense committed under Section 466.3052, Government
3-3 Code, before the effective date of this Act is covered by the law
3-4 in effect when the offense was committed, and the former law is
3-5 continued in effect for that purpose.
3-6 SECTION 6. (a) The repeal by this Act of Section
3-7 466.3053, Government Code, does not apply to an offense committed
3-8 under that section before the effective date of the repeal. For
3-9 purposes of this section, an offense is committed before the
3-10 effective date of the repeal if any element of the offense occurs
3-11 before that date.
3-12 (b) An offense committed before the effective date of the
3-13 repeal is covered by Section 466.3053, Government Code, as it
3-14 existed on the date on which the offense was committed, and the
3-15 former law is continued in effect for that purpose.
3-16 SECTION 7. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.