SRC-MSY S.B. 499 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 499
78R3927 EMT-FBy: Armbrister
State Affairs
3/3/2003
As Filed


DIGEST AND PURPOSE 

Current Texas law does not allow the Texas Lottery Commission (commission)
to conduct keno for the purpose of increasing revenue to the state.  As
proposed, S.B. 499 amends the Government Code to allow the commission to
adopt rules governing the conduct of keno in this state and removes a
prohibition on granting a license to an individual who plans to locate a
lottery sales agency in a location with an alcohol license. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Lottery Commission
in SECTION 1 (Section 466.015(c), Government Code), and SECTION 3 of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 466.015(c), Government Code, to add to the
Texas Lottery Commission's (commission) existing rulemaking authority the
authority to adopt rules governing the conduct of the game of keno. 

SECTION 2.  Amends Section 466.155(a), Government Code, by deleting
Subsection (a)(4)(C) requiring the director of the commission to deny an
application for a license, or to revoke an existing license, of an
applicant or licensed agent whose location for the lottery sales agency is
a location for which the person holds a wine and beer retailer's permit,
private club registration permit, or private club late hours permit. 

SECTION 3.  Authorizes the commission to adopt rules to implement the
change in law made by this Act in the manner provided for the adoption of
emergency rules without finding that an imminent peril to the public
health, safety, or welfare requires adoption of a rule on less than 30
days' notice.  Provides that this section is considered to be a
requirement of state law for adoption of a rule on fewer than 30 days'
notice for purposes of Section 2001.034(a)(1), Government Code, if any
such rules are adopted by the commission. 

SECTION 4.  Effective date:  upon passage or September 1, 2003.