By Dunnam H.B. No. 965
77R4190 GJH-F
A BILL TO BE ENTITLED
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) delinquent in making child support payments
2-27 administered or collected by the attorney general;
3-1 (C) in default on a loan made under Chapter 52,
3-2 Education Code; or
3-3 (D) in default on a loan guaranteed under
3-4 Chapter 57, Education Code [is currently delinquent in the payment
3-5 of any state tax];
3-6 (4) is a person whose location for the sales agency
3-7 is:
3-8 (A) a location licensed for games of bingo under
3-9 Chapter 2001, Occupation Code [the Bingo Enabling Act (Article
3-10 179d, Vernon's Texas Civil Statutes)];
3-11 (B) on land that is owned by:
3-12 (i) this state; or
3-13 (ii) a political subdivision of this state
3-14 and on which is located a public primary or secondary school, an
3-15 institution of higher education, or an agency of the state; or
3-16 (C) a location for which a person holds a wine
3-17 and beer retailer's permit, mixed beverage permit, mixed beverage
3-18 late hours permit, private club registration permit, or private
3-19 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
3-20 Alcoholic Beverage Code; or
3-21 (5) has violated this chapter or a rule adopted under
3-22 this chapter.
3-23 (g) For purposes of Subsection (a)(3), the attorney general,
3-24 comptroller, Texas Workforce Commission, Texas Alcoholic Beverage
3-25 Commission, Texas Higher Education Coordinating Board, and Texas
3-26 Guaranteed Student Loan Corporation shall each provide the
3-27 executive director with a report of persons who have been finally
4-1 determined to be delinquent in the payment of any money owed to or
4-2 collected by that agency. The commission shall adopt rules
4-3 regarding the form and frequency of reports under this subsection.
4-4 SECTION 2. Sections 466.358(c), (d), and (e), Government
4-5 Code, are repealed.
4-6 SECTION 3. This Act takes effect September 1, 2001.