By Carona                                              S.B. No. 257
         77R3460 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the purchase of a lottery ticket by a person younger
 1-3     than the age of 18; imposing criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 466.3051, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 466.3051.  SALE OF TICKET TO OR PURCHASE OF TICKET BY
 1-8     PERSON YOUNGER THAN 18 YEARS OLD. (a)  A sales agent or an employee
 1-9     of a sales agent commits an offense if the person intentionally or
1-10     knowingly sells or offers to sell a ticket to an individual that
1-11     the person knows is younger than 18 years of age.
1-12           (b)  An individual who is younger than 18 years of age
1-13     commits an offense if the individual:
1-14                 (1)  purchases a ticket; or
1-15                 (2)  falsely represents himself or herself to be 18
1-16     years of age or older by displaying evidence of age that is false
1-17     or fraudulent or misrepresents in any way the individual's age in
1-18     order to purchase a ticket.
1-19           (c)  A person 18 years of age or older may purchase a ticket
1-20     to give as a gift to another person, including an individual
1-21     younger than 18 years of age.
1-22           (d)  It is a defense to the application of Subsection (b)
1-23     that the individual younger than 18 years of age is participating
1-24     in an inspection or investigation on behalf of the commission or
 2-1     other appropriate governmental entity regarding compliance with
 2-2     this section.
 2-3           (e)  Except as provided by Subsection (f), an [(c) -An]
 2-4     offense under Subsection (a) [this section] is a Class C
 2-5     misdemeanor.
 2-6           (f)  An offense under Subsection (a)  is a Class B
 2-7     misdemeanor if it is shown on the trial of the offense that the
 2-8     defendant has been previously  convicted under Subsection (a).
 2-9           (g)  An offense under Subsection (b) is a misdemeanor
2-10     punishable by a fine not to exceed $250.
2-11           SECTION 2.  This Act takes effect September 1, 2001.
2-12           SECTION 3.  (a)  The change in law made by this Act applies
2-13     only to an offense committed on or after the effective date of this
2-14     Act.  For purposes of this section, an offense is committed before
2-15     the effective date of this Act if any element of the offense occurs
2-16     before that date.
2-17           (b)  An offense committed before the effective date of this
2-18     Act is covered by the law in effect when the offense was committed,
2-19     and the former law is continued in effect for that purpose.