By: Flores (Senate Sponsor - Nelson) H.B. No. 1179
         (In the Senate - Received from the House April 16, 2007;
  April 17, 2007, read first time and referred to Committee on State
  Affairs; May 15, 2007, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 15, 2007, sent to printer.)
  relating to procurements by the Texas Lottery Commission.
         SECTION 1.  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 2.  Sections 466.102, 466.104, 466.105, 466.106,
  466.107, and 466.108, Government Code, are repealed.
         SECTION 3.  (a) 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.
         (b)  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.
         SECTION 4.  This Act takes effect September 1, 2007.
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