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.