78R3927 EMT-F
By: Armbrister S.B. No. 499
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Texas Lottery Commission to operate and
administer keno and to allow a license to be issued under the State
Lottery Act to a location that possesses certain permits issued
under the Alcoholic Beverage Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 466.015(c), Government Code, is amended
to read as follows:
(c) The commission may adopt rules governing the
establishment and operation of the lottery, including rules
governing:
(1) the type of lottery games to be conducted,
including rules for conducting the game of keno;
(2) the price of each ticket;
(3) the number of winning tickets and amount of the
prize paid on each winning ticket;
(4) the frequency of the drawing or selection of a
winning ticket;
(5) the number and types of locations at which a ticket
may be sold;
(6) the method to be used in selling a ticket;
(7) the use of vending machines or electronic or
mechanical devices of any kind, other than machines or devices that
dispense currency or coins as prizes;
(8) the manner of paying a prize to the holder of a
winning ticket;
(9) the investigation of possible violations of this
chapter or any rule adopted under this chapter;
(10) the means of advertising to be used for the
lottery;
(11) the qualifications of vendors of lottery services
or equipment;
(12) the confidentiality of information relating to
the operation of the lottery, including:
(A) trade secrets;
(B) security measures, systems, or procedures;
(C) security reports;
(D) bids or other information regarding the
commission's contracts, if disclosure of the information would
impair the commission's ability to contract for facilities, goods,
or services on terms favorable to the commission;
(E) personnel information unrelated to
compensation, duties, qualifications, or responsibilities; and
(F) information obtained by commission security
officers or investigators;
(13) the development and availability of a model
agreement governing the division of a prize among multiple
purchasers of a winning ticket purchased through a group purchase
or pooling arrangement;
(14) the criteria to be used in evaluating bids for
contracts for lottery facilities, goods, and services; or
(15) any other matter necessary or desirable as
determined by the commission, to promote and ensure:
(A) the integrity, security, honesty, and
fairness of the operation and administration of the lottery; and
(B) the convenience of players and holders of
winning tickets.
SECTION 2. Section 466.155(a), Government Code, is amended
to read as follows:
(a) After a hearing, the director shall deny an application
for a license or the commission shall suspend or revoke a license if
the director or commission, as applicable, finds that the applicant
or sales agent:
(1) is an individual who:
(A) has been convicted of a felony, criminal
fraud, gambling or a gambling-related offense, or a misdemeanor
involving moral turpitude, if less than 10 years has elapsed since
the termination of the sentence, parole, mandatory supervision, or
probation served for the offense;
(B) is or has been a professional gambler;
(C) is married to an individual:
(i) described in Paragraph (A) or (B); or
(ii) who is currently delinquent in the
payment of any state tax;
(D) is an officer or employee of the commission
or a lottery operator; or
(E) is a spouse, child, brother, sister, or
parent residing as a member of the same household in the principal
place of residence of a person described by Paragraph (D);
(2) is not an individual, and an individual described
in Subdivision (1):
(A) is an officer or director of the applicant or
sales agent;
(B) holds more than 10 percent of the stock in the
applicant or sales agent;
(C) holds an equitable interest greater than 10
percent in the applicant or sales agent;
(D) is a creditor of the applicant or sales agent
who holds more than 10 percent of the applicant's or sales agent's
outstanding debt;
(E) is the owner or lessee of a business that the
applicant or sales agent conducts or through which the applicant
will conduct a ticket sales agency;
(F) shares or will share in the profits, other
than stock dividends, of the applicant or sales agent; or
(G) participates in managing the affairs of the
applicant or sales agent;
(3) has been finally determined to be:
(A) delinquent in the payment of a tax or other
money collected by the comptroller, the Texas Workforce Commission,
or the Texas Alcoholic Beverage Commission;
(B) in default on a loan made under Chapter 52,
Education Code; or
(C) in default on a loan guaranteed under Chapter
57, Education Code;
(4) is a person whose location for the sales agency is:
(A) a location licensed for games of bingo under
Chapter 2001, Occupations Code; or
(B) on land that is owned by:
(i) this state; or
(ii) a political subdivision of this state
and on which is located a public primary or secondary school, an
institution of higher education, or an agency of the state; [or
[(C) a location for which a person holds a wine
and beer retailer's permit, mixed beverage permit, mixed beverage
late hours permit, private club registration permit, or private
club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
Alcoholic Beverage Code;] or
(5) has violated this chapter or a rule adopted under
this chapter.
SECTION 3. (a) The Texas Lottery Commission may adopt the
initial rules to implement the change in law made by this Act in the
manner provided by law for the adoption of emergency rules, and may
do so without finding that an imminent peril to the public health,
safety, or welfare requires adoption of a rule on fewer than 30
days' notice.
(b) If the commission adopts a rule under Subsection (a) of
this section, 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.
SECTION 4. 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.