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.