By: Nelson S.B. No. 52
A BILL TO BE ENTITLED
relating to the development of consumer information and protection
policies and to purchasing by the Texas Lottery Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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
[ (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
SECTION 3. Sections 466.102, 466.104, 466.105, 466.106,
466.107, and 466.108, Government Code, are repealed.
SECTION 4. 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 5. The change in law made by this Act 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.
SECTION 6. This Act takes effect January 1, 2006.