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.