By:  Van de Putte                                                 S.B. No. 6  

A BILL TO BE ENTITLED
AN ACT
relating to clarifying the time to claim a lottery prize and extending the time for certain military personnel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 466.408, Government Code, is amended by amending Subsection (d) and adding Subsections (e) through (h) to read as follows: (d) Except as provided by Subsection (e), a [A] ticket holder forfeits any claim or entitlement to a prize for: (1) an on-line game after the expiration of the 180th day following the draw date; and (2) an instant game after the expiration of the 180th day following the official "end of game" as determined by the commission [after the date on which the prize winner was selected]. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or (4) the war or national emergency ends. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Sections 4301-4333), as amended. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and (B) before the 180th day after the date on which the winner of the lottery prize was selected; or (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.