1-1 By: Dunnam (Senate Sponsor - Armbrister) H.B. No. 965
1-2 (In the Senate - Received from the House April 25, 2001;
1-3 April 26, 2001, read first time and referred to Committee on State
1-4 Affairs; May 7, 2001, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 7, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the eligibility requirements for an applicant or a
1-9 holder of a lottery sales agent license.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 466.155, Government Code, is amended by
1-12 amending Subsection (a) and by adding Subsection (g) to read as
1-13 follows:
1-14 (a) After a hearing, the director shall deny an application
1-15 for a license or the commission shall suspend or revoke a license
1-16 if the director or commission, as applicable, finds that the
1-17 applicant or sales agent:
1-18 (1) is an individual who:
1-19 (A) has been convicted of a felony, criminal
1-20 fraud, gambling or a gambling-related offense, or a misdemeanor
1-21 involving moral turpitude, if less than 10 years has elapsed since
1-22 the termination of the sentence, parole, mandatory supervision, or
1-23 probation served for the offense;
1-24 (B) is or has been a professional gambler;
1-25 (C) is married to an individual:
1-26 (i) described in Paragraph (A) or (B); or
1-27 (ii) who is currently delinquent in the
1-28 payment of any state tax;
1-29 (D) is an officer or employee of the commission
1-30 or a lottery operator; or
1-31 (E) is a spouse, child, brother, sister, or
1-32 parent residing as a member of the same household in the principal
1-33 place of residence of a person described by Paragraph (D);
1-34 (2) is not an individual, and an individual described
1-35 in Subdivision (1):
1-36 (A) is an officer or director of the applicant
1-37 or sales agent;
1-38 (B) holds more than 10 percent of the stock in
1-39 the applicant or sales agent;
1-40 (C) holds an equitable interest greater than 10
1-41 percent in the applicant or sales agent;
1-42 (D) is a creditor of the applicant or sales
1-43 agent who holds more than 10 percent of the applicant's or sales
1-44 agent's outstanding debt;
1-45 (E) is the owner or lessee of a business that
1-46 the applicant or sales agent conducts or through which the
1-47 applicant will conduct a ticket sales agency;
1-48 (F) shares or will share in the profits, other
1-49 than stock dividends, of the applicant or sales agent; or
1-50 (G) participates in managing the affairs of the
1-51 applicant or sales agent;
1-52 (3) has been finally determined to be:
1-53 (A) delinquent in the payment of a tax or other
1-54 money collected by the comptroller, the Texas Workforce Commission,
1-55 or the Texas Alcoholic Beverage Commission;
1-56 (B) in default on a loan made under Chapter 52,
1-57 Education Code; or
1-58 (C) in default on a loan guaranteed under
1-59 Chapter 57, Education Code [is currently delinquent in the payment
1-60 of any state tax];
1-61 (4) is a person whose location for the sales agency
1-62 is:
1-63 (A) a location licensed for games of bingo under
1-64 Chapter 2001, Occupations Code [the Bingo Enabling Act (Article
2-1 179d, Vernon's Texas Civil Statutes)];
2-2 (B) on land that is owned by:
2-3 (i) this state; or
2-4 (ii) a political subdivision of this state
2-5 and on which is located a public primary or secondary school, an
2-6 institution of higher education, or an agency of the state; or
2-7 (C) a location for which a person holds a wine
2-8 and beer retailer's permit, mixed beverage permit, mixed beverage
2-9 late hours permit, private club registration permit, or private
2-10 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
2-11 Alcoholic Beverage Code; or
2-12 (5) has violated this chapter or a rule adopted under
2-13 this chapter.
2-14 (g) For purposes of Subsection (a)(3), the comptroller,
2-15 Texas Workforce Commission, Texas Alcoholic Beverage Commission,
2-16 Texas Higher Education Coordinating Board, and Texas Guaranteed
2-17 Student Loan Corporation shall each provide the executive director
2-18 with a report of persons who have been finally determined to be
2-19 delinquent in the payment of any money owed to or collected by that
2-20 agency. The commission shall adopt rules regarding the form and
2-21 frequency of reports under this subsection.
2-22 SECTION 2. Section 232.002, Family Code, is amended to read
2-23 as follows:
2-24 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
2-25 following are licensing authorities subject to this chapter:
2-26 (1) Department of Agriculture;
2-27 (2) Texas Commission on Alcohol and Drug Abuse;
2-28 (3) Texas Alcoholic Beverage Commission;
2-29 (4) Texas Appraiser Licensing and Certification Board;
2-30 (5) Texas Board of Architectural Examiners;
2-31 (6) State Board of Barber Examiners;
2-32 (7) Texas Board of Chiropractic Examiners;
2-33 (8) Comptroller of Public Accounts;
2-34 (9) Texas Cosmetology Commission;
2-35 (10) Court Reporters Certification Board;
2-36 (11) State Board of Dental Examiners;
2-37 (12) Texas State Board of Examiners of Dietitians;
2-38 (13) Texas Funeral Service Commission;
2-39 (14) Texas Department of Health;
2-40 (15) Texas Department of Human Services;
2-41 (16) Texas Board of Professional Land Surveying;
2-42 (17) Texas Department of Licensing and Regulation;
2-43 (18) Texas State Board of Examiners of Marriage and
2-44 Family Therapists;
2-45 (19) Texas State Board of Medical Examiners;
2-46 (20) Midwifery Board;
2-47 (21) Texas Natural Resource Conservation Commission;
2-48 (22) Board of Nurse Examiners;
2-49 (23) Texas Board of Occupational Therapy Examiners;
2-50 (24) Texas Optometry Board;
2-51 (25) Parks and Wildlife Department;
2-52 (26) Texas State Board of Examiners of Perfusionists;
2-53 (27) Texas State Board of Pharmacy;
2-54 (28) Texas Board of Physical Therapy Examiners;
2-55 (29) Texas State Board of Plumbing Examiners;
2-56 (30) Texas State Board of Podiatric Medical Examiners;
2-57 (31) Polygraph Examiners Board;
2-58 (32) Texas Commission on Private Security;
2-59 (33) Texas State Board of Examiners of Professional
2-60 Counselors;
2-61 (34) Texas Board of Professional Engineers;
2-62 (35) Department of Protective and Regulatory Services;
2-63 (36) Texas State Board of Examiners of Psychologists;
2-64 (37) Texas State Board of Public Accountancy;
2-65 (38) Department of Public Safety of the State of
2-66 Texas;
2-67 (39) Public Utility Commission of Texas;
2-68 (40) Railroad Commission of Texas;
2-69 (41) Texas Real Estate Commission;
3-1 (42) State Bar of Texas;
3-2 (43) Texas State Board of Social Worker Examiners;
3-3 (44) State Board of Examiners for Speech-Language
3-4 Pathology and Audiology;
3-5 (45) Texas Structural Pest Control Board;
3-6 (46) Board of Tax Professional Examiners;
3-7 (47) Secretary of State;
3-8 (48) Supreme Court of Texas;
3-9 (49) Texas Transportation Commission;
3-10 (50) State Board of Veterinary Medical Examiners;
3-11 (51) Board of Vocational Nurse Examiners;
3-12 (52) Texas Ethics Commission;
3-13 (53) Advisory Board of Athletic Trainers;
3-14 (54) State Committee of Examiners in the Fitting and
3-15 Dispensing of Hearing Instruments;
3-16 (55) Texas Board of Licensure for Professional Medical
3-17 Physicists;
3-18 (56) Texas Department of Insurance;
3-19 (57) Texas Board of Orthotics and Prosthetics;
3-20 (58) savings and loan commissioner; [and]
3-21 (59) Texas Juvenile Probation Commission; and
3-22 (60) Texas Lottery Commission under Chapter 466,
3-23 Government Code.
3-24 SECTION 3. Chapter 232, Family Code, is amended by adding
3-25 Section 232.0021 to read as follows:
3-26 Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY
3-27 COMMISSION. With respect to the Texas Lottery Commission, this
3-28 chapter applies only to a lottery ticket sales agent license issued
3-29 under Chapter 466, Government Code.
3-30 SECTION 4. Sections 466.358(c), (d), and (e), Government
3-31 Code, are repealed.
3-32 SECTION 5. (a) In accordance with Section 311.031(c),
3-33 Government Code, which gives effect to a substantive amendment
3-34 enacted by the same legislature that codifies the amended statute,
3-35 the text of Section 232.002, Family Code, as set out in this Act,
3-36 gives effect to changes made by Section 5, Chapter 974, Section 4,
3-37 Chapter 1254, and Section 23, Chapter 1477, Acts of the 76th
3-38 Legislature, Regular Session, 1999.
3-39 (b) To the extent of any conflict, this Act prevails over
3-40 another Act of the 77th Legislature, Regular Session, 2001,
3-41 relating to nonsubstantive additions and corrections in enacted
3-42 codes.
3-43 SECTION 6. This Act takes effect September 1, 2001.
3-44 * * * * *