79R3044 YDB-F

By:  Hinojosa                                                     S.B. No. 442



A BILL TO BE ENTITLED

AN ACT

relating to certain claims and civil actions against sales agents.            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 466, Government Code, is 
amended by adding Section 466.161 to read as follows:
	Sec. 466.161.  CERTAIN CLAIMS AND CIVIL ACTIONS AGAINST 
SALES AGENTS.  (a)  A person may bring before the commission a claim 
against a sales agent based on or related to the fairness, conduct, 
or management of a lottery game authorized by this chapter and is 
entitled to receive a determination from the commission on the 
claim.  A proceeding to consider a claim under this section is not a 
contested case under Chapter 2001.
	(b)  The commission shall conduct a proceeding to consider a 
claim brought under Subsection (a) to acquaint the parties to the 
claim with the applicable law and provide the parties with an 
opportunity to settle the claim.  Unless the person presenting the 
claim withdraws the claim, the commission shall issue a written 
determination on the claim not later than the 60th day after the 
date the proceeding is concluded.  The commission shall adopt the 
rules and procedures necessary to implement this section, which may 
incorporate alternative dispute resolution procedures as 
appropriate.
	(c)  A person may not file a civil action seeking the 
recovery of damages or injunctive relief from a sales agent for an 
action based on or related to the fairness, conduct, or management 
of a lottery game authorized by this chapter unless the person has 
first presented the claim to the commission under Subsection (a) 
and received a written determination on the claim from the 
commission.
	(d)  Venue for a civil action brought as provided by 
Subsection (c) is in Travis County, Texas.
	(e)  The time used by a person to bring a claim before the 
commission tolls the statute of limitations for a civil action on 
the claim until the date the commission issues a written 
determination under this section.
	SECTION 2.  Section 466.161, Government Code, as added by 
this Act, applies only to a civil action filed on or after the 
effective date of this Act.  A civil action filed before the 
effective date of this Act is governed by the law in effect 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.