By: Van de Putte S.B. No. 6
(In the Senate - Filed April 14, 2003; April 15, 2003, read
first time and referred to Committee on Veteran Affairs and
Military Installations; April 25, 2003, reported favorably by the
following vote: Yeas 3, Nays 0; April 25, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to extending the time to claim a lottery prize 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 after the
expiration of the 180th day after the date on which the prizewinner
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 180th day after the date on which
the winner of the lottery prize was selected.
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.
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