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A BILL TO BE ENTITLED
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AN ACT
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relating to the fund for veterans' assistance and the creation of a |
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lottery game to benefit the fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 466, Government Code, is |
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amended by adding Section 466.027 to read as follows: |
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Sec. 466.027. VETERANS' ASSISTANCE GAME. (a) The |
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commission shall operate an instant-ticket lottery game to benefit |
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the fund for veterans' assistance established by Section 434.017, |
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as amended by Chapter 1418 (H.B. 3107), Acts of the 80th |
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Legislature, Regular Session, 2007. |
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(b) The commission shall: |
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(1) determine the ticket price, payout amounts, and |
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manner in which the game is conducted; |
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(2) make tickets to the game available for sale |
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continuously to the extent practicable; and |
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(3) change the design or theme of the game regularly to |
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ensure that the game remains competitive with other instant-ticket |
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lottery games offered by the commission. |
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(c) The commission shall market and advertise the lottery |
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game operated under this section in a manner intended to inform the |
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public that the game tickets are available for purchase and that the |
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game proceeds are used to fund veterans programs in this state. The |
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game tickets must clearly state that the game proceeds are used to |
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benefit the veterans in this state. The Texas Veterans Commission |
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may make recommendations to the Texas Lottery Commission relating |
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to the marketing and advertising of the game. |
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(d) The commission shall encourage each sales agent that |
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sells tickets to instant-ticket games or similar types of lottery |
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games to sell tickets to the game operated under this section. |
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SECTION 2. Subchapter B, Chapter 466, Government Code, is |
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amended by adding Section 466.027 to read as follows: |
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Sec. 466.027. VETERANS' ASSISTANCE GAME. (a) The |
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|
commission shall operate an instant-ticket lottery game to benefit |
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|
the fund for veterans' assistance established by Section 434.017. |
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(b) The commission shall: |
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(1) determine the ticket price, payout amounts, and |
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manner in which the game is conducted; |
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(2) make tickets to the game available for sale |
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continuously to the extent practicable; and |
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(3) change the design or theme of the game regularly to |
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|
ensure that the game remains competitive with other instant-ticket |
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|
lottery games offered by the commission. |
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(c) The commission shall market and advertise the lottery |
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game operated under this section in a manner intended to inform the |
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public that the game tickets are available for purchase and that the |
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game proceeds are used to fund veterans programs in this state. The |
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game tickets must clearly state that the game proceeds are used to |
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benefit the veterans in this state. The Texas Veterans Commission |
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may make recommendations to the Texas Lottery Commission relating |
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|
to the marketing and advertising of the game. |
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(d) The commission shall encourage each sales agent that |
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sells tickets to instant-ticket games or similar types of lottery |
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games to sell tickets to the game operated under this section. |
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SECTION 3. Section 466.355(b), Government Code, is amended |
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to read as follows: |
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(b) Money in the state lottery account may be used only for |
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the following purposes and shall be distributed as follows: |
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(1) the payment of prizes to the holders of winning |
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tickets; |
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(2) the payment of costs incurred in the operation and |
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administration of the lottery, including any fees received by a |
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lottery operator, provided that the costs incurred in a fiscal |
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biennium may not exceed an amount equal to 12 percent of the gross |
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revenue accruing from the sale of tickets in that biennium; |
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(3) the establishment of a pooled bond fund, lottery |
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prize reserve fund, unclaimed prize fund, and prize payment |
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account; and |
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(4) the balance, after creation of a reserve |
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sufficient to pay the amounts needed or estimated to be needed under |
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Subdivisions (1) through (3), to be transferred on or before the |
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15th day of each month as follows: |
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(A) the portion of the balance attributable to |
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the lottery game operated under Section 466.027 to the fund for |
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veterans' assistance established by Section 434.017, as amended by |
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Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, Regular |
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Session, 2007; and |
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(B) the remainder to the foundation school fund[,
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on or before the 15th day of each month]. |
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SECTION 4. Section 466.355(b), Government Code, is amended |
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to read as follows: |
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(b) Money in the state lottery account may be used only for |
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the following purposes and shall be distributed as follows: |
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(1) the payment of prizes to the holders of winning |
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tickets; |
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(2) the payment of costs incurred in the operation and |
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administration of the lottery, including any fees received by a |
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lottery operator, provided that the costs incurred in a fiscal |
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biennium may not exceed an amount equal to 12 percent of the gross |
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revenue accruing from the sale of tickets in that biennium; |
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(3) the establishment of a pooled bond fund, lottery |
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prize reserve fund, unclaimed prize fund, and prize payment |
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account; and |
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(4) the balance, after creation of a reserve |
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sufficient to pay the amounts needed or estimated to be needed under |
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Subdivisions (1) through (3), to be transferred on or before the |
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15th day of each month as follows: |
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(A) the portion of the balance attributable to |
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the lottery game operated under Section 466.027 to the fund for |
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veterans' assistance established by Section 434.017; and |
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(B) the remainder to the foundation school fund[,
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on or before the 15th day of each month]. |
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SECTION 5. Sections 434.017(a) and (e), Government Code, as |
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amended by Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, |
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Regular Session, 2007, are amended to read as follows: |
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(a) The fund for veterans' assistance is a special fund in |
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the state treasury outside the general revenue fund. The fund is |
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composed of: |
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(1) money transferred to the fund at the direction of |
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the legislature; |
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(2) gifts and grants contributed to the fund; [and] |
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(3) the earnings of the fund; and |
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(4) money transferred to the fund from proceeds of the |
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lottery game operated under Section 466.027. |
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(e) The commission [comptroller] may solicit, [and] accept, |
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or refuse a gift or grant of money, services, or property for any |
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purpose related to the fund for veterans' assistance [gifts and
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grants to the fund]. A gift or grant to the fund may be appropriated |
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in the same manner as other money in the fund, subject to any |
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limitation or requirement placed on the gift or grant by the donor |
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or granting entity. |
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SECTION 6. (a) Sections 1 and 3 of this Act take effect only |
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if the Act of the 81st Legislature, Regular Session, 2009, relating |
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to nonsubstantive additions to and corrections in existing codes |
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does not become law. |
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(b) Sections 2 and 4 of this Act take effect only if the Act |
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of the 81st Legislature, Regular Session, 2009, relating to |
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nonsubstantive additions to and corrections in existing codes |
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becomes law. |
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SECTION 7. (a) Section 466.355, Government Code, as |
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amended by this Act, applies only to a transfer from the state |
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lottery account made on or after the effective date of this Act. |
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(b) The Texas Lottery Commission shall establish and begin |
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selling tickets to the lottery game as required by Section 466.027, |
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Government Code, as added by this Act, not later than March 2, 2010. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |