1-1     By:  King of Parker, Morrison                         H.B. No. 1799
 1-2          (Senate Sponsor - Armbrister)
 1-3           (In the Senate - Received from the House April 29, 1999;
 1-4     April 30, 1999, read first time and referred to Committee on
 1-5     Finance; May 10, 1999, reported favorably by the following vote:
 1-6     Yeas 8, Nays 1; May 10, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the assignment or deposit of certain lottery prizes.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 466.402(d), Government Code, is amended
1-12     to read as follows:
1-13           (d)  The state is discharged of all further liability on the
1-14     payment of a prize under Section 466.403, 466.404, 466.406, [or]
1-15     466.407, or 466.410 or this section or under any additional
1-16     procedures established by rule.
1-17           SECTION 2.  Section 466.406, Government Code, is amended to
1-18     read as follows:
1-19           Sec. 466.406.  RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE.  (a)
1-20     Except as [otherwise] provided by this section and Section 466.410,
1-21     the right of any person to a prize is not assignable.
1-22           (b)  Payment of prize payments not previously assigned as
1-23     provided by this section or Section 466.410 shall [a prize may] be
1-24     made to the estate of a deceased prizewinner if the prizewinner was
1-25     an individual.
1-26           (c)  A prize to which a winner is otherwise entitled may be
1-27     paid to any person under an appropriate judicial order.
1-28           SECTION 3.  Section 466.408(b), Government Code, is amended
1-29     to read as follows:
1-30           (b)  If a claim is not made for prize money on or before the
1-31     180th day after the date on which the winner was selected, the
1-32     prize money shall be deposited to the credit of the Texas
1-33     Department of Health State Owned Multi-categorical Teaching
1-34     Hospital Account for the purpose of providing funding for indigent
1-35     health care [used to provide additional money to the state lottery
1-36     account for the purposes prescribed by Section 466.355(b)(1)].
1-37           SECTION 4.  Subchapter I, Chapter 466, Government Code, is
1-38     amended by adding Section 466.410 to read as follows:
1-39           Sec. 466.410.  ASSIGNMENT OF PRIZES.  (a)  A person may
1-40     assign, in whole or in part, the right to receive prize payments
1-41     that are paid by the commission in installments over time if the
1-42     assignment is made to a person designated by an order of a district
1-43     court of Travis County, except that installment prize payments due
1-44     within the final two years of the prize payment schedule may not be
1-45     assigned.
1-46           (b)  A district court shall issue an order approving a
1-47     voluntary assignment and directing the commission to direct prize
1-48     payments in whole or in part to the assignee if:
1-49                 (1)  a copy of the petition for the order and copies of
1-50     all notices of any hearing in the matter have been served on the
1-51     executive director not later than 20 days prior to any hearing or
1-52     entry of any order.  The commission may intervene in a proceeding
1-53     to protect the interests of the commission but shall not be
1-54     considered an indispensable or necessary party.  A petition filed
1-55     under this section shall include in the caption the prizewinner's
1-56     name as it appears on the lottery claim form;
1-57                 (2)  the assignment is in writing, executed by the
1-58     assignor and assignee (or designated agent), and by its terms
1-59     subject to the laws of this state; and
1-60                 (3)  the assignor provides a sworn and notarized
1-61     affidavit stating that the assignor:
1-62                       (A)  is of sound mind, over 18 years of age, is
1-63     in full command of the person's faculties, and is not acting under
1-64     duress;
 2-1                       (B)  has been advised regarding the assignment by
 2-2     independent legal counsel and has had the opportunity to receive
 2-3     independent financial and tax advice concerning the effects of the
 2-4     assignment;
 2-5                       (C)  understands that the assignor will not
 2-6     receive the prize payments, or portions of the prize payments, for
 2-7     the assigned years;
 2-8                       (D)  understands and agrees that with regard to
 2-9     the assigned payments, the state, the commission, and its officials
2-10     and employees will have no further liability or responsibility to
2-11     make the assigned payments to the assignor;
2-12                       (E)  has been provided a one-page written
2-13     disclosure statement stating, in boldfaced type, 14 points or
2-14     larger:
2-15                             (i)  the payments being assigned, by
2-16     amounts and payment dates;
2-17                             (ii)  the purchase price being paid, if
2-18     any;
2-19                             (iii)  if a purchase price is paid, the
2-20     rate of discount to the present value of the prize, assuming daily
2-21     compounding and funding on the contract date; and
2-22                             (iv)  the amount, if any, of any
2-23     origination or closing fees that will be charged to the assignor;
2-24     and
2-25                       (F)  was advised in writing, at the time the
2-26     assignment was signed, that the assignor had the right to cancel
2-27     without any further obligation not later than the third business
2-28     day after the date the assignment was signed.
2-29           (c)  It shall be the responsibility of the assignor to bring
2-30     to the attention of the court, either by sworn testimony or by
2-31     written declaration submitted under penalty of perjury, the
2-32     existence or nonexistence of a current spouse.  If married, the
2-33     assignor shall identify his or her spouse and submit to the court a
2-34     sworn and notarized statement wherein the spouse consents to the
2-35     assignment.  If the assignor is married and the sworn and notarized
2-36     statement is not presented to the court, the court shall determine,
2-37     to the extent necessary and as appropriate under applicable law,
2-38     the ability of the assignor to make the proposed assignment without
2-39     the spouse's consent.
2-40           (d)  With respect to any given prize, the order shall also
2-41     recite and identify all prior assignments by amount of or fraction
2-42     of payment assigned, the identity of the assignee, and the date(s)
2-43     of payment(s) assigned.  A court order obtained pursuant to this
2-44     section, together with all such prior orders, shall not require the
2-45     commission to divide any single prize payment among more than three
2-46     different persons.
2-47           (e)  The court order shall include specific findings as to
2-48     compliance with the requirements of Subsections (b), (c), and (d)
2-49     and shall specify the prize payment or payments assigned, or any
2-50     portion thereof, including the dates and amounts of the payments to
2-51     be assigned, the years in which each payment is to begin and end,
2-52     the gross amount of the annual payments assigned before taxes, the
2-53     prizewinner's name as it appears on the lottery claim form, the
2-54     assignor's social security or tax identification number, and, if
2-55     applicable, the citizenship or resident alien number of the
2-56     assignee if an individual.
2-57           (f)  A certified copy of a court order granted under this
2-58     section shall be delivered to the commission and such order must be
2-59     provided to the commission no later than 20 days prior to the date
2-60     upon which the first assigned payment is to be paid to the
2-61     assignee.  Within 20 days of receipt of the court order, the
2-62     commission shall acknowledge in writing to both the assignor and
2-63     the assignee its receipt of said court order.  Unless the
2-64     commission provides written notice to the assignor and assignee
2-65     that the commission cannot comply with the court order, the
2-66     commission shall thereafter make the prize payments in accordance
2-67     with the court order.
2-68           (g)  The commission shall establish and collect a reasonable
2-69     fee to defray any administrative expenses associated with an
 3-1     assignment made under this section, including the cost to the
 3-2     commission of any processing fee imposed by a private annuity
 3-3     provider.  The commission shall establish the amount of the fee to
 3-4     reflect the direct and indirect costs associated with processing
 3-5     the assignment.
 3-6           (h)  An assignment pursuant to court order may not include or
 3-7     cover payments or portions of payments that are subject to any
 3-8     offset provided by this chapter.
 3-9           (i)  Notwithstanding any other provision of this section,
3-10     there will be no right to assign prize payments following:
3-11                 (1)  the issuance, by the Internal Revenue Service, of
3-12     a technical rule letter, revenue ruling, or other public ruling of
3-13     the Internal Revenue Service that determines that, based on the
3-14     right of assignment as provided by this section, a lottery
3-15     prizewinner who does not assign prize payments would be subject to
3-16     an immediate income tax liability for the value of the entire prize
3-17     rather than annual income tax liability for each installment when
3-18     paid; or
3-19                 (2)  the issuance by a court of a published decision
3-20     holding that, based on the right of assignment as provided by this
3-21     section, a lottery prizewinner who does not assign prize payments
3-22     would be subject to an immediate income tax liability for the value
3-23     of the entire prize rather than annual income tax liability for
3-24     each installment when paid.
3-25           (j)  After receiving a letter or ruling from the Internal
3-26     Revenue Service or a published decision of a court as provided by
3-27     Subsection (i)(1) or (2), the executive director shall immediately
3-28     file a copy of the letter, ruling, or published decision with the
3-29     secretary of state.  When the executive director files a copy of
3-30     the letter, ruling, or published decision with the secretary of
3-31     state, an assignor is ineligible to assign a prize under this
3-32     section, and the commission shall not make any payment to an
3-33     assignee pursuant to a court order entered after the date of such
3-34     letter or ruling.
3-35           SECTION 5.  This Act takes effect September 1, 1999.
3-36           SECTION 6.  The change in law made by this Act to Section
3-37     466.408(b), Government Code, applies only to a prize for which the
3-38     winner is selected on or after September 1, 1999.  A prize for
3-39     which the winner was selected before September 1, 1999, is governed
3-40     by the law as it existed immediately before the effective date of
3-41     this Act, and that law is continued in effect for that purpose.
3-42           SECTION 7.  The importance of this legislation and the
3-43     crowded condition of the calendars in both houses create an
3-44     emergency and an imperative public necessity that the
3-45     constitutional rule requiring bills to be read on three several
3-46     days in each house be suspended, and this rule is hereby suspended.
3-47                                  * * * * *