By Carona                                              S.B. No. 137
         76R3605 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the sale of lottery tickets by vending machine; the
 1-3     purchase of a lottery ticket by a person younger than the age of
 1-4     18; and the imposition of criminal penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter G, Chapter 466, Government Code, is
 1-7     amended by adding Section 466.3041 to read as follows:
 1-8           Sec. 466.3041.  SALE OF TICKETS BY VENDING MACHINE.  (a)  A
 1-9     sales agent who sells tickets by means of a ticket vending machine
1-10     shall post a sign in a conspicuous place on the machine.  The sign
1-11     must include the following statement:
1-12           Purchasing or attempting to purchase a lottery ticket by a
1-13     person under 18 years of age is prohibited by law as a Class C
1-14     misdemeanor.  Upon conviction, a criminal penalty may be imposed on
1-15     the person.  Sale of a lottery ticket to a person under 18 years of
1-16     age is prohibited by law as a Class C misdemeanor.  Upon
1-17     conviction, a criminal penalty may be imposed on the seller.
1-18     Violations may be reported to the Texas Lottery Commission by
1-19     calling (insert toll-free number designated by the commission).
1-20           (b)  A sales agent must ensure that each ticket vending
1-21     machine is within an area closely monitored by the sales agent or
1-22     an employee of the sales agent to ensure that tickets are purchased
1-23     from the machine only by persons 18 years of age or older.
1-24           (c)  This section does not limit the authority of the
 2-1     commission to establish other requirements or restrictions or to
 2-2     take other action to enforce Section 466.3051.
 2-3           (d)  A sales agent who violates Subsection (a) or (b) commits
 2-4     an offense.  An offense under this subsection is a Class C
 2-5     misdemeanor.
 2-6           SECTION 2.  Section 466.3051, Government Code, is amended to
 2-7     read as follows:
 2-8           Sec. 466.3051.  SALE OF TICKET TO PERSON YOUNGER THAN 18
 2-9     YEARS.  (a)  A sales agent or an employee of a sales agent commits
2-10     an offense if the person intentionally or knowingly sells or offers
2-11     to sell a ticket to an individual that the person knows is younger
2-12     than 18 years of age.
2-13           (b)  An individual who is younger than 18 years of age
2-14     commits an offense if the individual:
2-15                 (1)  purchases a ticket; or
2-16                 (2)  falsely represents himself or herself to be 18
2-17     years of age or older by displaying evidence of age that is false
2-18     or fraudulent or misrepresents in any way the individual's age in
2-19     order to purchase a ticket.
2-20           (c) [(b)]  A person 18 years of age or older may purchase a
2-21     ticket to give as a gift to another person, including an individual
2-22     younger than 18 years of age.
2-23           (d)  It is a defense to the application of Subsection (b)
2-24     that the individual younger than 18 years of age is participating
2-25     in an inspection or investigation regarding compliance with this
2-26     section.
2-27           (e)  Except as provided by Subsection (f), an [(c) -An]
 3-1     offense under Subsection (a) [this section] is a Class C
 3-2     misdemeanor.
 3-3           (f)  An offense under Subsection (a)  is a Class B
 3-4     misdemeanor if it is shown on the trial of the offense that the
 3-5     defendant has been previously  convicted under Subsection (a).
 3-6           (g)  An offense under Subsection (b) is a misdemeanor
 3-7     punishable by a fine not to exceed $250.
 3-8           SECTION 3.  This Act takes effect September 1, 1999.
 3-9           SECTION 4.  (a)  The change in law made by this Act applies
3-10     only to an offense committed on or after the effective date of this
3-11     Act.  For purposes of this section, an offense is committed before
3-12     the effective date of this Act if any element of the offense occurs
3-13     before that date.
3-14           (b)  An offense committed before the effective date of this
3-15     Act is covered by the law in effect when the offense was committed,
3-16     and the former law is continued in effect for that purpose.
3-17           SECTION 5.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended.