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                                  * * * * *