|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the sale of lottery tickets at a location at which a |
|
|
person holds an alcoholic beverage permit. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 466.155(a), Government Code, is amended |
|
|
to read as follows: |
|
|
(a) After a hearing, the director shall deny an application |
|
|
for a license or the commission shall suspend or revoke a license if |
|
|
the director or commission, as applicable, finds that the applicant |
|
|
or sales agent: |
|
|
(1) is an individual who: |
|
|
(A) has been convicted of a felony, criminal |
|
|
fraud, gambling or a gambling-related offense, or a misdemeanor |
|
|
involving moral turpitude, if less than 10 years has elapsed since |
|
|
the termination of the sentence, parole, mandatory supervision, or |
|
|
probation served for the offense; |
|
|
(B) is or has been a professional gambler; |
|
|
(C) is married to an individual: |
|
|
(i) described in Paragraph (A) or (B); or |
|
|
(ii) who is currently delinquent in the |
|
|
payment of any state tax; |
|
|
(D) is an officer or employee of the commission |
|
|
or a lottery operator; or |
|
|
(E) is a spouse, child, brother, sister, or |
|
|
parent residing as a member of the same household in the principal |
|
|
place of residence of a person described by Paragraph (D); |
|
|
(2) is not an individual, and an individual described |
|
|
in Subdivision (1): |
|
|
(A) is an officer or director of the applicant or |
|
|
sales agent; |
|
|
(B) holds more than 10 percent of the stock in the |
|
|
applicant or sales agent; |
|
|
(C) holds an equitable interest greater than 10 |
|
|
percent in the applicant or sales agent; |
|
|
(D) is a creditor of the applicant or sales agent |
|
|
who holds more than 10 percent of the applicant's or sales agent's |
|
|
outstanding debt; |
|
|
(E) is the owner or lessee of a business that the |
|
|
applicant or sales agent conducts or through which the applicant |
|
|
will conduct a ticket sales agency; |
|
|
(F) shares or will share in the profits, other |
|
|
than stock dividends, of the applicant or sales agent; or |
|
|
(G) participates in managing the affairs of the |
|
|
applicant or sales agent; |
|
|
(3) has been finally determined to be: |
|
|
(A) delinquent in the payment of a tax or other |
|
|
money collected by the comptroller, the Texas Workforce Commission, |
|
|
or the Texas Alcoholic Beverage Commission; |
|
|
(B) in default on a loan made under Chapter 52, |
|
|
Education Code; or |
|
|
(C) in default on a loan guaranteed under Chapter |
|
|
57, Education Code; |
|
|
(4) is a person whose location for the sales agency is: |
|
|
(A) a location licensed for games of bingo under |
|
|
Chapter 2001, Occupations Code; or |
|
|
(B) on land that is owned by: |
|
|
(i) this state; or |
|
|
(ii) a political subdivision of this state |
|
|
and on which is located a public primary or secondary school, an |
|
|
institution of higher education, or an agency of the state; or |
|
|
[(C) a location for which a person holds a wine
|
|
|
and beer retailer's permit, mixed beverage permit, mixed beverage
|
|
|
late hours permit, private club registration permit, or private
|
|
|
club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
|
|
|
Alcoholic Beverage Code; or] |
|
|
(5) has violated this chapter or a rule adopted under |
|
|
this chapter. |
|
|
SECTION 2. 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, 2007. |