Amend Floor Amendment No. 27 to CSHB 3 by adding the following 

appropriately numbered SECTIONS to the bill and renumbering 

subsequent SECTIONS of the bill accordingly:

	SECTION __.  Subchapter C, Chapter 467, Government Code, is 

amended by adding Section 467.109 to read as follows:

	Sec. 467.109.  CONSUMER INFORMATION AND PROTECTION POLICIES 

AND COMPLAINT PROCEDURE.  (a)  The commission shall identify 

applicable laws governing consumer information and protection, 

including laws governing deceptive trade practices and deceptive 

advertising, and develop policies to ensure the commission complies 

with the requirements of those laws and does not violate the 

prohibitions under those laws.

	(b)  A consumer may file a complaint with the attorney 

general if the consumer believes the commission has failed to 

comply with or is violating a law identified or a policy developed 

as provided by Subsection (a).  After investigating the complaint 

and conducting a hearing, if appropriate, the attorney general may:

		(1)  make recommendations to the commission regarding 

modification of the commission's policies; or

		(2)  issue an opinion on whether the commission is 

complying with or violating the law or policy.

	SECTION __.  Section 466.101, Government Code, is amended to 

read as follows:

	Sec. 466.101.  PROCUREMENT PROCEDURES.  Except as otherwise 

provided by this subchapter, the general law governing purchasing 

and contracts by state agencies applies to the commission.  [(a)  

The executive director may establish procedures for the purchase or 

lease of facilities, goods, and services and make any purchases, 

leases, or contracts that are necessary for carrying out the 

purposes of this chapter.  The procedures must, as determined 

feasible and appropriate by the executive director, promote 

competition to the maximum extent possible.

	[(b)  In all procurement decisions, the executive director 

shall take into account the particularly sensitive nature of the 

lottery and shall act to promote and ensure integrity, security, 

honesty, and fairness in the operation and administration of the 

lottery and the objective of producing revenues for the state 

treasury.



	[(c)  The procurement procedures adopted by the executive 

director must, as determined feasible and appropriate by the 

executive director, afford any party who is aggrieved by the terms 

of a solicitation or the award of a contract an opportunity to 

protest the executive director's action to the commission.  The 

protest procedures must provide for an expedient resolution of the 

protest in order to avoid substantially delaying a solicitation or 

contract award that is necessary for the timely implementation of a 

lottery game.  A protest must be in writing and be filed with the 

commission not later than 72 hours after receipt of notice of the 

executive director's action.

	[(d)  A party who is aggrieved by the commission's resolution 

of a protest under Subsection (c) may file an action in the district 

court of Travis County.  The court shall give preference to hearings 

and trials of actions under this section.  If the party filing the 

action seeks to enjoin the implementation of a solicitation or 

contract, the party shall post a bond that is payable to the state 

if the party does not prevail in the appeal, and is in an amount 

sufficient to compensate the state for the revenue that would be 

lost due to the delay in lottery operations.

	[(e)  The commission shall require any person seeking to 

contract for goods or services relating to the implementation and 

administration of this chapter to submit to competitive bidding 

procedures in accordance with rules adopted by the commission.  The 

procedures must be for the purpose of ensuring fairness and 

integrity.]

	SECTION __.  Sections 466.102, 466.104, 466.105, 466.106, 

466.107, and 466.108, Government Code, are repealed.

	SECTION __.  Not later than March 1, 2006, the Texas Lottery 

Commission shall adopt the policies required by Section 467.109, 

Government Code, as added by this Act.

	SECTION __.  The change in law made by this Act to Chapter 

466, Government Code, governing purchasing and contracts by the 

Texas Lottery Commission applies to a purchase or contract made on 

or after the effective date of this Act, except that a contract or 

purchase for which the initial notice soliciting bids or proposals 

or other applicable expressions of interest is given before that 

date is governed by the law in effect when the initial notice for 

the contract or purchase is given, and the former law is continued 

in effect for that purpose.  The change in law made by this Act does 

not affect a contract entered into before the effective date of this 

Act, and does not apply to a purchase made on or after the effective 

date of this Act under a contract entered into before the effective 

date of this Act if the purchase is made during the period covered 

by the contract.