1-1 By: Carona S.B. No. 257
1-2 (In the Senate - Filed January 16, 2001; January 17, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 14, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 1;
1-6 February 14, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 257 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the purchase of a lottery ticket by a person younger
1-11 than the age of 18; imposing criminal penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 466.3051, Government Code, is amended to
1-14 read as follows:
1-15 Sec. 466.3051. SALE OF TICKET TO OR PURCHASE OF TICKET BY
1-16 PERSON YOUNGER THAN 18 YEARS OF AGE. (a) A sales agent or an
1-17 employee of a sales agent commits an offense if the person
1-18 intentionally or knowingly sells or offers to sell a ticket to an
1-19 individual that the person knows is younger than 18 years of age.
1-20 (b) An individual who is younger than 18 years of age
1-21 commits an offense if the individual:
1-22 (1) purchases a ticket; or
1-23 (2) falsely represents the individual to be 18 years
1-24 of age or older by displaying evidence of age that is false or
1-25 fraudulent or misrepresents in any way the individual's age in
1-26 order to purchase a ticket.
1-27 (c) A person 18 years of age or older may purchase a ticket
1-28 to give as a gift to another person, including an individual
1-29 younger than 18 years of age.
1-30 (d) It is a defense to the application of Subsection (b)
1-31 that the individual younger than 18 years of age is participating
1-32 in an inspection or investigation on behalf of the commission or
1-33 other appropriate governmental entity regarding compliance with
1-34 this section.
1-35 (e) [(c)] An offense under Subsection (a) [this section] is
1-36 a Class C misdemeanor.
1-37 (f) An offense under Subsection (b) is punishable by a fine
1-38 not to exceed $250.
1-39 SECTION 2. This Act takes effect September 1, 2001.
1-40 SECTION 3. (a) The change in law made by this Act applies
1-41 only to an offense committed on or after the effective date of this
1-42 Act. For purposes of this section, an offense is committed before
1-43 the effective date of this Act if any element of the offense occurs
1-44 before that date.
1-45 (b) An offense committed before the effective date of this
1-46 Act is covered by the law in effect when the offense was committed,
1-47 and the former law is continued in effect for that purpose.
1-48 * * * * *