1-1 AN ACT
1-2 relating to the eligibility requirements for an applicant or a
1-3 holder of a lottery sales agent license.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 466.155, Government Code, is amended by
1-6 amending Subsection (a) and by adding Subsection (g) to read as
1-7 follows:
1-8 (a) After a hearing, the director shall deny an application
1-9 for a license or the commission shall suspend or revoke a license
1-10 if the director or commission, as applicable, finds that the
1-11 applicant or sales agent:
1-12 (1) is an individual who:
1-13 (A) has been convicted of a felony, criminal
1-14 fraud, gambling or a gambling-related offense, or a misdemeanor
1-15 involving moral turpitude, if less than 10 years has elapsed since
1-16 the termination of the sentence, parole, mandatory supervision, or
1-17 probation served for the offense;
1-18 (B) is or has been a professional gambler;
1-19 (C) is married to an individual:
1-20 (i) described in Paragraph (A) or (B); or
1-21 (ii) who is currently delinquent in the
1-22 payment of any state tax;
1-23 (D) is an officer or employee of the commission
1-24 or a lottery operator; or
2-1 (E) is a spouse, child, brother, sister, or
2-2 parent residing as a member of the same household in the principal
2-3 place of residence of a person described by Paragraph (D);
2-4 (2) is not an individual, and an individual described
2-5 in Subdivision (1):
2-6 (A) is an officer or director of the applicant
2-7 or sales agent;
2-8 (B) holds more than 10 percent of the stock in
2-9 the applicant or sales agent;
2-10 (C) holds an equitable interest greater than 10
2-11 percent in the applicant or sales agent;
2-12 (D) is a creditor of the applicant or sales
2-13 agent who holds more than 10 percent of the applicant's or sales
2-14 agent's outstanding debt;
2-15 (E) is the owner or lessee of a business that
2-16 the applicant or sales agent conducts or through which the
2-17 applicant will conduct a ticket sales agency;
2-18 (F) shares or will share in the profits, other
2-19 than stock dividends, of the applicant or sales agent; or
2-20 (G) participates in managing the affairs of the
2-21 applicant or sales agent;
2-22 (3) has been finally determined to be:
2-23 (A) delinquent in the payment of a tax or other
2-24 money collected by the comptroller, the Texas Workforce Commission,
2-25 or the Texas Alcoholic Beverage Commission;
2-26 (B) in default on a loan made under Chapter 52,
2-27 Education Code; or
3-1 (C) in default on a loan guaranteed under
3-2 Chapter 57, Education Code [is currently delinquent in the payment
3-3 of any state tax];
3-4 (4) is a person whose location for the sales agency
3-5 is:
3-6 (A) a location licensed for games of bingo under
3-7 Chapter 2001, Occupations Code [the Bingo Enabling Act (Article
3-8 179d, Vernon's Texas Civil Statutes)];
3-9 (B) on land that is owned by:
3-10 (i) this state; or
3-11 (ii) a political subdivision of this state
3-12 and on which is located a public primary or secondary school, an
3-13 institution of higher education, or an agency of the state; or
3-14 (C) a location for which a person holds a wine
3-15 and beer retailer's permit, mixed beverage permit, mixed beverage
3-16 late hours permit, private club registration permit, or private
3-17 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
3-18 Alcoholic Beverage Code; or
3-19 (5) has violated this chapter or a rule adopted under
3-20 this chapter.
3-21 (g) For purposes of Subsection (a)(3), the comptroller,
3-22 Texas Workforce Commission, Texas Alcoholic Beverage Commission,
3-23 Texas Higher Education Coordinating Board, and Texas Guaranteed
3-24 Student Loan Corporation shall each provide the executive director
3-25 with a report of persons who have been finally determined to be
3-26 delinquent in the payment of any money owed to or collected by that
3-27 agency. The commission shall adopt rules regarding the form and
4-1 frequency of reports under this subsection.
4-2 SECTION 2. Section 232.002, Family Code, is amended to read
4-3 as follows:
4-4 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
4-5 following are licensing authorities subject to this chapter:
4-6 (1) Department of Agriculture;
4-7 (2) Texas Commission on Alcohol and Drug Abuse;
4-8 (3) Texas Alcoholic Beverage Commission;
4-9 (4) Texas Appraiser Licensing and Certification Board;
4-10 (5) Texas Board of Architectural Examiners;
4-11 (6) State Board of Barber Examiners;
4-12 (7) Texas Board of Chiropractic Examiners;
4-13 (8) Comptroller of Public Accounts;
4-14 (9) Texas Cosmetology Commission;
4-15 (10) Court Reporters Certification Board;
4-16 (11) State Board of Dental Examiners;
4-17 (12) Texas State Board of Examiners of Dietitians;
4-18 (13) Texas Funeral Service Commission;
4-19 (14) Texas Department of Health;
4-20 (15) Texas Department of Human Services;
4-21 (16) Texas Board of Professional Land Surveying;
4-22 (17) Texas Department of Licensing and Regulation;
4-23 (18) Texas State Board of Examiners of Marriage and
4-24 Family Therapists;
4-25 (19) Texas State Board of Medical Examiners;
4-26 (20) Midwifery Board;
4-27 (21) Texas Natural Resource Conservation Commission;
5-1 (22) Board of Nurse Examiners;
5-2 (23) Texas Board of Occupational Therapy Examiners;
5-3 (24) Texas Optometry Board;
5-4 (25) Parks and Wildlife Department;
5-5 (26) Texas State Board of Examiners of Perfusionists;
5-6 (27) Texas State Board of Pharmacy;
5-7 (28) Texas Board of Physical Therapy Examiners;
5-8 (29) Texas State Board of Plumbing Examiners;
5-9 (30) Texas State Board of Podiatric Medical Examiners;
5-10 (31) Polygraph Examiners Board;
5-11 (32) Texas Commission on Private Security;
5-12 (33) Texas State Board of Examiners of Professional
5-13 Counselors;
5-14 (34) Texas Board of Professional Engineers;
5-15 (35) Department of Protective and Regulatory Services;
5-16 (36) Texas State Board of Examiners of Psychologists;
5-17 (37) Texas State Board of Public Accountancy;
5-18 (38) Department of Public Safety of the State of
5-19 Texas;
5-20 (39) Public Utility Commission of Texas;
5-21 (40) Railroad Commission of Texas;
5-22 (41) Texas Real Estate Commission;
5-23 (42) State Bar of Texas;
5-24 (43) Texas State Board of Social Worker Examiners;
5-25 (44) State Board of Examiners for Speech-Language
5-26 Pathology and Audiology;
5-27 (45) Texas Structural Pest Control Board;
6-1 (46) Board of Tax Professional Examiners;
6-2 (47) Secretary of State;
6-3 (48) Supreme Court of Texas;
6-4 (49) Texas Transportation Commission;
6-5 (50) State Board of Veterinary Medical Examiners;
6-6 (51) Board of Vocational Nurse Examiners;
6-7 (52) Texas Ethics Commission;
6-8 (53) Advisory Board of Athletic Trainers;
6-9 (54) State Committee of Examiners in the Fitting and
6-10 Dispensing of Hearing Instruments;
6-11 (55) Texas Board of Licensure for Professional Medical
6-12 Physicists;
6-13 (56) Texas Department of Insurance;
6-14 (57) Texas Board of Orthotics and Prosthetics;
6-15 (58) savings and loan commissioner; [and]
6-16 (59) Texas Juvenile Probation Commission; and
6-17 (60) Texas Lottery Commission under Chapter 466,
6-18 Government Code.
6-19 SECTION 3. Chapter 232, Family Code, is amended by adding
6-20 Section 232.0021 to read as follows:
6-21 Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY
6-22 COMMISSION. With respect to the Texas Lottery Commission, this
6-23 chapter applies only to a lottery ticket sales agent license issued
6-24 under Chapter 466, Government Code.
6-25 SECTION 4. Sections 466.358(c), (d), and (e), Government
6-26 Code, are repealed.
6-27 SECTION 5. (a) In accordance with Section 311.031(c),
7-1 Government Code, which gives effect to a substantive amendment
7-2 enacted by the same legislature that codifies the amended statute,
7-3 the text of Section 232.002, Family Code, as set out in this Act,
7-4 gives effect to changes made by Section 5, Chapter 974, Section 4,
7-5 Chapter 1254, and Section 23, Chapter 1477, Acts of the 76th
7-6 Legislature, Regular Session, 1999.
7-7 (b) To the extent of any conflict, this Act prevails over
7-8 another Act of the 77th Legislature, Regular Session, 2001,
7-9 relating to nonsubstantive additions and corrections in enacted
7-10 codes.
7-11 SECTION 6. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 965 was passed by the House on April
24, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 965 was passed by the Senate on May
15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor