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79R708 YDB-D
By: Hamric H.B. No. 1434
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Lottery
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 466.014, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) A contract between the division and a lottery operator
under Subsection (b) must contain a provision allowing the contract
to be terminated without penalty if the division is abolished.
SECTION 2. Subchapter B, Chapter 466, Government Code, is
amended by adding Section 466.027 to read as follows:
Sec. 466.027. COMPREHENSIVE BUSINESS PLAN. (a) The
commission shall develop a comprehensive business plan to guide the
commission's major initiatives. The plan at a minimum must
include:
(1) a description of each commission program and
project;
(2) key management information;
(3) accurate financial data; and
(4) a detailed financial management plan.
(b) The commission at least annually shall review the
comprehensive business plan to assess the overall performance and
value of each program and project.
SECTION 3. Subchapter C, Chapter 466, Government Code, is
amended by adding Section 466.1005 to read as follows:
Sec. 466.1005. PROCUREMENTS. (a) The commission may
purchase or lease facilities, goods, and services and make any
purchases, leases, or contracts necessary for carrying out the
purposes of this chapter.
(b) The commission shall review and must approve all major
procurements as provided by commission rule. The commission by
rule shall establish a procedure to determine what constitutes a
major procurement based on the cumulative value of a contract and
other relevant factors.
(c) The commission may delegate to the executive director
the authority to approve procurements other than major
procurements.
SECTION 4. Sections 466.101(a) and (b), Government Code,
are amended to read as follows:
(a) The commission and 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
commission and executive director, promote competition to the
maximum extent possible.
(b) In all procurement decisions, the commission and
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.
SECTION 5. Section 467.002, Government Code, 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, and Chapter 2001, Occupations Code,
expire [Act expires] September 1, 2017 [2005. In the review of the
commission 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].
SECTION 6. Sections 467.021(a) and (b), Government Code,
are amended to read as follows:
(a) The commission is composed of five [three] members
appointed by the governor with the advice and consent of the senate.
(b) Appointments [In making appointments] to the commission
shall be made without [, the governor shall strive to achieve
representation by all the population groups of the state with]
regard to the [economic status, sex,] race, color, disability, sex,
religion, age, or national origin of the appointees [and
ethnicity].
SECTION 7. Section 467.022, Government Code, is amended to
read as follows:
Sec. 467.022. TERM OF OFFICE. Members hold office for
staggered terms of six years, with the terms of either one or two
members [member's term] expiring February 1 of each odd-numbered
year.
SECTION 8. Section 467.024, Government Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) A person may not be a commission employee employed in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of bingo or
lottery; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of bingo or
lottery.
(d) A person may not act as the general counsel to the
commission if the person is required to register as a lobbyist under
Chapter 305 because of the person's activities for compensation on
behalf of a profession related to the operation of the commission.
SECTION 9. Subchapter B, Chapter 467, Government Code, is
amended by adding Section 467.0255 to read as follows:
Sec. 467.0255. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the commission and
the commission's programs, functions, rules, and budget;
(2) the results of the most recent formal audit of the
commission;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
commission or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 10. Sections 467.026(a) and (c), Government Code,
are amended to read as follows:
(a) It is a ground for removal from the [The governor may
remove a] commission that a member [if the member]:
(1) does not have at the time of taking office
[appointment] the qualifications required by Sections 467.023 and
467.024 [for appointment to the commission];
(2) does not maintain during service on the commission
the qualifications required by Sections 467.023 and 467.024 [for
appointment to the commission];
(3) is ineligible for membership under [violates a
prohibition established by] Section 467.023, 467.024, or 467.025;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term [for which the member is appointed because of illness or
disability]; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless the
absence is excused] by majority vote of the commission.
(c) If the executive director [presiding officer] has
knowledge that a potential ground for removal exists, the executive
director [presiding officer] shall notify the presiding officer of
the commission of the potential ground. The presiding officer
shall then notify the governorand the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the commission,
who shall then notify the governor and the attorney general that a
potential ground for removal exists.
SECTION 11. Subchapter B, Chapter 467, Government Code, is
amended by adding Section 467.037 to read as follows:
Sec. 467.037. DIVISION OF RESPONSIBILITIES. The commission
shall develop and implement policies that clearly separate the
policy-making responsibilities of the commission and the
management responsibilities of the executive director and the staff
of the commission.
SECTION 12. Subchapter C, Chapter 467, Government Code, is
amended by adding Sections 467.109-467.113 to read as follows:
Sec. 467.109. TECHNOLOGY POLICY. The commission shall
implement a policy requiring the commission to use appropriate
technological solutions to improve the commission's ability to
perform its functions. The policy must ensure that the public is
able to interact with the commission on the Internet.
Sec. 467.110. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION POLICY. (a) The commission shall develop and
implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the commission's
jurisdiction.
(b) The commission's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the commission.
Sec. 467.111. PUBLIC PARTICIPATION. The commission shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the commission and to speak
on any issue under the jurisdiction of the commission.
Sec. 467.112. COMPLAINTS. (a) The commission shall
maintain a system to promptly and efficiently act on complaints
filed with the commission. The commission shall maintain
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The commission shall make information available
describing the commission's procedures for complaint investigation
and resolution.
(c) The commission shall periodically notify the complaint
parties of the status of the complaint until final disposition.
(d) The commission by rule shall require an investigation
related to a complaint filed with the commission to be completed
within a reasonable time.
(e) The commission shall analyze the complaints filed with
the commission to identify any trends or issues related to certain
violations.
Sec. 467.113. CONSUMER INFORMATION AND PROTECTION. The
commission shall identify applicable laws governing consumer
information and protection and adopt policies to ensure that the
commission complies with those laws.
SECTION 13. Subchapter B, Chapter 2001, Occupations Code,
is amended by adding Section 2001.0555 to read as follows:
Sec. 2001.0555. COMPLIANCE MONITORING. The commission
shall adopt rules to govern the commission's monitoring of a
license holder to determine if the license holder is in compliance
with this chapter or rules adopted under this chapter. The rules at
a minimum must address audits and inspections and other compliance
and enforcement activities.
SECTION 14. Section 2001.057, Occupations Code, is amended
by adding Subsections (h) and (i) to read as follows:
(h) The committee shall annually develop a work plan
detailing the committee's objectives and the issues to be addressed
by the committee during the year. The plan must be submitted to and
formally approved by the commission in a public meeting. The plan
must:
(1) assess trends in the charitable bingo industry;
(2) review bingo rules to determine whether changes,
additions, or deletions are needed; and
(3) address other issues as determined by the
commission.
(i) The committee shall perform a review at the end of each
year to:
(1) assess the committee's accomplishments during the
year;
(2) identify opportunities for improving the
commission's regulation of bingo; and
(3) develop specific recommendations for commission
action.
SECTION 15. Section 2001.101, Occupations Code, is amended
to read as follows:
Sec. 2001.101. AUTHORIZED ORGANIZATION. (a) The
commission may license a person who is an authorized organization
eligible for a license to conduct bingo if the person has been in
existence for the time required by commission rule to ensure the
continuity and bona fide nature of the organization and is:
(1) a religious society [that has existed in this
state for at least eight years];
(2) a nonprofit organization:
(A) whose predominant activities are for the
support of medical research or treatment programs; and
(B) that [for at least three years]:
(i) has [must have had] a governing body or
officers elected by a vote of members or by a vote of delegates
elected by the members; or
(ii) is [must have been] affiliated with a
state or national organization organized to perform the same
purposes as the nonprofit organization;
(3) a fraternal organization;
(4) a veterans organization; or
(5) a volunteer fire department.
(b) A fraternal organization:
(1) [must have been organized in this state for at
least three years;
[(2)] must have [had during the three-year period] a
bona fide membership actively and continuously engaged as an
organization in furthering its authorized purposes; and
(2) [(3)] may not have authorized a person on behalf of
its membership, governing body, or officers to support or oppose a
particular candidate for public office by:
(A) making political speeches;
(B) passing out cards or other political
literature;
(C) writing letters;
(D) signing or circulating petitions;
(E) making campaign contributions; or
(F) soliciting votes.
SECTION 16. Subchapter G, Chapter 2001, Occupations Code,
is amended by adding Section 2001.3015 to read as follows:
Sec. 2001.3015. LICENSING RULES. The commission by rule
shall:
(1) establish comprehensive qualifications for a
person to be licensed or the person's license to be renewed under
this chapter;
(2) develop a standard license renewal process, from
submission to completion, for each license issued under this
chapter to ensure that a license holder continues to meet the
eligibility requirements provided by this chapter and commission
rule; and
(3) establish standards of conduct for a person
licensed under this chapter.
SECTION 17. The heading to Subchapter H, Chapter 2001,
Occupations Code, is amended to read as follows:
SUBCHAPTER H. LICENSE DENIAL AND DISCIPLINE [, REVOCATION, AND
SUSPENSION] OF LICENSE HOLDERS
SECTION 18. Section 2001.351, Occupations Code, is amended
to read as follows:
Sec. 2001.351. DENIAL OF LICENSE. (a) The commission may
deny an application for a license or renewal of a license issued
under this chapter for a cause that would permit or require the
suspension or revocation of a license issued under this chapter.
(b) In making a determination whether to renew a license,
the commission shall consider the compliance history of a license
holder. The commission shall adopt rules to govern the specific
areas of compliance history that may be considered in the renewal
determination.
(c) After an opportunity for a hearing, the commission may
deny an application for renewal of a license if the applicant's
compliance history reveals conduct that is inconsistent with this
chapter or the commission's rules adopted under this chapter in the
specific areas considered by the commission in accordance with the
rules adopted under Subsection (b).
SECTION 19. Section 2001.353, Occupations Code, is amended
to read as follows:
Sec. 2001.353. DISCIPLINE [SUSPENSION OR REVOCATION] OF
LICENSE HOLDERS. (a) After a hearing, the commission shall [may]
suspend, [or] revoke, or refuse to renew a license issued under this
chapter or shall reprimand a license holder for:
(1) failure to comply with this chapter or a
commission rule; or
(2) a reason that would allow or require the
commission to refuse to issue or renew a license of the same class.
(b) The commission may place on probation a person whose
license is suspended. If a license suspension is probated, the
commission may require the person:
(1) to report regularly to the commission on the
matters that are the basis of the probation;
(2) to limit the person's activities under the license
in the manner prescribed by the commission; or
(3) to take any other reasonable action prescribed by
the commission to address the matters that are the basis of the
probation.
(c) The commission by rule shall:
(1) adopt written guidelines to ensure that probation
is administered consistently; and
(2) develop a system to track compliance with
probation requirements.
SECTION 20. Section 2001.355, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) Before temporarily suspending a license, the director
of bingo operations must follow any prehearing rules adopted by the
commission to determine if the license holder's continued operation
may constitute:
(1) an immediate threat to the health, safety, morals,
or welfare of the public; or
(2) a financial loss to this state, which includes a
license holder's failure to remit taxes under Section 2001.501 or
prize fee payments under Section 2001.502 to the commission as
required by those sections.
(d) The commission shall adopt rules to govern the temporary
suspension of a license under this section.
SECTION 21. Subchapter H, Chapter 2001, Occupations Code,
is amended by adding Section 2001.358 to read as follows:
Sec. 2001.358. SCHEDULE OF SANCTIONS; TIMELINE. (a) The
commission by rule shall adopt a schedule of sanctions that defines
and summarizes violations of this chapter or commission rules
adopted under this chapter to ensure that the sanctions imposed are
appropriate to the violation.
(b) The schedule must:
(1) allow deviations from the schedule for mitigating
circumstances clearly established by the commission;
(2) include a list of the most common violations and
the sanctions assessed for those violations; and
(3) establish the sanctions in accordance with the
seriousness or frequency of each type of violation.
(c) The commission by rule shall establish a timeline for
resolution of a violation of this chapter or commission rules
adopted under this chapter. The rules must include:
(1) a designated period for a person licensed under
this chapter to provide proof of corrective measures taken as
required by the commission for a violation of this chapter or
commission rules; and
(2) an approach and a designated period for the
commission to subsequently monitor a person found to have committed
a significant violation of this chapter or commission rules.
SECTION 22. Section 2001.407(a), Occupations Code, is
amended to read as follows:
(a) A licensed manufacturer may furnish, by sale or
otherwise, bingo equipment or supplies to a licensed distributor.
A [Except as provided by Section 2001.257(b), a] licensed
manufacturer may not furnish, by sale or otherwise, bingo equipment
or supplies to a person other than a licensed distributor.
SECTION 23. Section 2001.459(a), Occupations Code, is
amended to read as follows:
(a) The following items of expense incurred or paid in
connection with the conduct of bingo must be paid from an
organization's bingo account:
(1) advertising, including the cost of printing bingo
gift certificates;
(2) security during a bingo occasion;
(3) the purchase or repair of bingo supplies and
equipment;
(4) prizes, other than authorized cash prizes;
(5) stated rental expenses;
(6) bookkeeping, legal, or accounting services;
(7) fees for callers, cashiers, and ushers;
(8) janitorial services; and
(9) license fees[; and
[(10) payment for services provided by a system
service provider].
SECTION 24. Section 2001.553(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if a person sells or
attempts to induce the sale of bingo equipment or[,] supplies[, or
automated bingo services] to a licensed authorized organization and
the person is not licensed to do so.
SECTION 25. The following are repealed:
(1) Section 466.003, Government Code;
(2) Sections 2001.002(3), 2001.057(b), and
2001.553(b), Occupations Code; and
(3) Subchapter F, Chapter 2001, Occupations Code.
SECTION 26. Not later than March 1, 2006, the Texas Lottery
Commission shall:
(1) adopt the rules and procedures required by Section
466.1005, Government Code, as added by this Act;
(2) adopt the rules required by:
(A) Section 467.112, Government Code, as added by
this Act;
(B) Sections 2001.0555 and 2001.3015,
Occupations Code, as added by this Act; and
(C) Sections 2001.101, 2001.351, 2001.353, and
2001.355, Occupations Code, as amended by this Act;
(3) adopt the comprehensive business plan required by
Section 466.027, Government Code, as added by this Act;
(4) adopt the policies required by Sections 467.110
and 467.113, Government Code, as added by this Act; and
(5) adopt the schedule of sanctions and timeline
required by Section 2001.358, Occupations Code, as added by this
Act.
SECTION 27. (a) The changes in law made by this Act in the
prohibitions or qualifications applying to a member of the Texas
Lottery Commission do not affect the entitlement of a member
serving on the Texas Lottery Commission immediately before
September 1, 2005, to continue to serve and function as a member of
the Texas Lottery Commission for the remainder of the member's
term. Those changes in law apply only to a member appointed on or
after September 1, 2005.
(b) Promptly after this Act takes effect, the governor shall
appoint two additional members to the Texas Lottery Commission. In
appointing those members, the governor shall appoint one person to
a term expiring February 1, 2009, and one to a term expiring
February 1, 2011.
(c) The changes in law made by this Act to Chapter 467,
Government Code, relating to the investigation of a complaint filed
with the Texas Lottery Commission apply only to a complaint filed on
or after September 1, 2005. A complaint filed with the commission
before September 1, 2005, is governed by the law as it existed
immediately before that date, and the former law is continued in
effect for that purpose.
(d) The change in law made by this Act requiring the Texas
Lottery Commission to approve a procurement applies only to a
procurement or a contract for a procurement made on or after the
effective date of this Act. A procurement or procurement contract
made before the effective date of this Act is governed by the law in
effect when the procurement or contract was made, and the former law
is continued in effect for that purpose.
(e) The changes in law made by this Act governing
eligibility of a person for a license under Chapter 2001,
Occupations Code, apply only to the issuance or renewal of a license
by the Texas Lottery Commission under Chapter 2001, Occupations
Code, as amended by this Act, on or after the effective date of this
Act. A license issued by the Texas Lottery Commission under that
chapter before the effective date of this Act is governed by the
licensing requirements in effect when the license was last issued
or renewed until the license expires or is renewed as provided by
Chapter 2001, Occupations Code, as amended by this Act.
SECTION 28. This Act takes effect September 1, 2005.