Floor Packet Page No. 136                                                   



	

Amend CSHB 2 by adding the following appropriately numbered 

article to the bill and renumbering subsequent articles of the bill 

accordingly:



ARTICLE ___.  CONTINUATION OF STATE LOTTERY TO FUND



PUBLIC SCHOOLS; PROCUREMENTS

	SECTION ___.01.  Section 466.003, Government Code, is 

amended to read as follows:

	Sec. 466.003.  CONTINUATION OF LOTTERY OPERATOR CONTRACT ON 

ABOLITION OF COMMISSION  [APPLICATION OF SUNSET ACT]. [(a)  The 

lottery division is subject to Chapter 325 (Texas Sunset Act).  

Unless continued in existence as provided by that chapter, the 

division is abolished and this chapter expires September 1, 2005.  

In the review of the lottery division by the Sunset Advisory 

Commission, as required by this section, the sunset commission 

shall limit its review to the appropriateness of recommendations 

made by the sunset commission to the 78th Legislature.  In the 

Sunset Advisory Commission's report to the 79th Legislature, the 

sunset commission may include any recommendations it considers 

appropriate.

	[(b)]  A contract between the division and a lottery operator 

under Section 466.014(b) must contain a provision allowing the 

contract to be terminated without penalty should the division be 

abolished.

	SECTION ___.02.  Section 467.002, Government Code, as 

amended by HB 1116, Acts of the 79th Legislature, Regular Session, 

2005, is amended to read as follows:

	Sec. 467.002.  APPLICATION OF SUNSET ACT.  The commission is 

subject to Chapter 325 (Texas Sunset Act).  Unless continued in 

existence as provided by that chapter, the commission is abolished 

and this chapter, Chapter 466 of this code, and Chapter 2001, 

Occupations Code, expire September 1, 2007 [2011].

	SECTION ___.03.  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 ___.04.  Sections 466.102, 466.104, 466.105, 

466.106, 466.107, and 466.108, Government Code, are repealed.

	SECTION ___.05.  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 under a contract 

entered into before the effective date if the purchase is made 

during the period covered by the contract.