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A BILL TO BE ENTITLED
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AN ACT
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relating to the development of consumer information and protection |
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policies and to purchasing by the Texas Lottery Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 467, Government Code, is |
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amended by adding Section 467.109 to read as follows: |
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Sec. 467.109. CONSUMER INFORMATION AND PROTECTION POLICIES |
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AND COMPLAINT PROCEDURE. (a) The commission shall identify |
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applicable laws governing consumer information and protection, |
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including laws governing deceptive trade practices and deceptive |
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advertising, and develop policies to ensure the commission complies |
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with the requirements of those laws and does not violate the |
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prohibitions under those laws. |
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(b) A consumer may file a complaint with the attorney |
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general if the consumer believes the commission has failed to |
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comply with or is violating a law identified or a policy developed |
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as provided by Subsection (a). After investigating the complaint |
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and conducting a hearing, if appropriate, the attorney general may: |
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(1) make recommendations to the commission regarding |
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modification of the commission's policies; or |
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(2) issue an opinion on whether the commission is |
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complying with or violating the law or policy. |
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SECTION 2. Section 466.101, Government Code, is amended to |
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read as follows: |
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Sec. 466.101. PROCUREMENT PROCEDURES. Except as otherwise |
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provided by this subchapter, the general law governing purchasing |
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and contracts by state agencies applies to the commission. |
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[(a) The executive director may establish procedures for the
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purchase or lease of facilities, goods, and services and make any
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purchases, leases, or contracts that are necessary for carrying out
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the purposes of this chapter. The procedures must, as determined
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feasible and appropriate by the executive director, promote
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competition to the maximum extent possible.
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[(b) In all procurement decisions, the executive director
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shall take into account the particularly sensitive nature of the
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lottery and shall act to promote and ensure integrity, security,
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honesty, and fairness in the operation and administration of the
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lottery and the objective of producing revenues for the state
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treasury.
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[(c) The procurement procedures adopted by the executive
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director must, as determined feasible and appropriate by the
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executive director, afford any party who is aggrieved by the terms
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of a solicitation or the award of a contract an opportunity to
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protest the executive director's action to the commission. The
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protest procedures must provide for an expedient resolution of the
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protest in order to avoid substantially delaying a solicitation or
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contract award that is necessary for the timely implementation of a
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lottery game. A protest must be in writing and be filed with the
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commission not later than 72 hours after receipt of notice of the
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executive director's action.
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[(d) A party who is aggrieved by the commission's resolution
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of a protest under Subsection (c) may file an action in the district
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court of Travis County. The court shall give preference to hearings
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and trials of actions under this section. If the party filing the
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action seeks to enjoin the implementation of a solicitation or
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contract, the party shall post a bond that is payable to the state
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if the party does not prevail in the appeal, and is in an amount
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sufficient to compensate the state for the revenue that would be
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lost due to the delay in lottery operations.
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[(e) The commission shall require any person seeking to
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contract for goods or services relating to the implementation and
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administration of this chapter to submit to competitive bidding
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procedures in accordance with rules adopted by the commission. The
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procedures must be for the purpose of ensuring fairness and
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integrity.] |
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SECTION 3. Sections 466.102, 466.104, 466.105, 466.106, |
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466.107, and 466.108, Government Code, are repealed. |
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SECTION 4. Not later than March 1, 2008, the Texas Lottery |
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Commission shall adopt the policies required by Section 467.109, |
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Government Code, as added by this Act. |
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SECTION 5. The change in law made by this Act governing |
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purchasing and contracts by the Texas Lottery Commission applies to |
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a purchase or contract made on or after the effective date of this |
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Act, except that a contract or purchase for which the initial notice |
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soliciting bids or proposals or other applicable expressions of |
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interest is given before that date is governed by the law in effect |
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when the initial notice for the contract or purchase is given, and |
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the former law is continued in effect for that purpose. The change |
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in law made by this Act does not affect a contract entered into |
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before the effective date of this Act, and does not apply to a |
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purchase made on or after the effective date of this Act under a |
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contract entered into before the effective date of this Act if the |
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purchase is made during the period covered by the contract. |
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SECTION 6. This Act takes effect September 1, 2007. |