81R4127 PMO-D
 
  By: Turner of Tarrant H.B. No. 1299
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the fund for veterans' assistance and the creation of a
  lottery game to benefit the fund.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 466, Government Code, is
  amended by adding Section 466.027 to read as follows:
         Sec. 466.027.  VETERANS' ASSISTANCE GAME. (a) The
  commission shall operate an instant-ticket lottery game to benefit
  the fund for veterans' assistance established by Section 434.017,
  as amended by Chapter 1418 (H.B. 3107), Acts of the 80th
  Legislature, Regular Session, 2007.
         (b)  The commission shall:
               (1)  determine the ticket price, payout amounts, and
  manner in which the game is conducted;
               (2)  make tickets to the game available for sale
  continuously to the extent practicable; and
               (3)  change the design or theme of the game regularly to
  ensure that the game remains competitive with other instant-ticket
  lottery games offered by the commission.
         (c)  The commission shall market and advertise the lottery
  game operated under this section in a manner intended to inform the
  public that the game tickets are available for purchase and that the
  game proceeds are used to fund veterans programs in this state. The
  game tickets must clearly state that the game proceeds are used to
  benefit the veterans in this state. The Texas Veterans Commission
  may make recommendations to the Texas Lottery Commission relating
  to the marketing and advertising of the game.
         (d)  The commission shall encourage each sales agent that
  sells tickets to instant-ticket games or similar types of lottery
  games to sell tickets to the game operated under this section.
         SECTION 2.  Subchapter B, Chapter 466, Government Code, is
  amended by adding Section 466.027 to read as follows:
         Sec. 466.027.  VETERANS' ASSISTANCE GAME. (a) The
  commission shall operate an instant-ticket lottery game to benefit
  the fund for veterans' assistance established by Section 434.017.
         (b)  The commission shall:
               (1)  determine the ticket price, payout amounts, and
  manner in which the game is conducted;
               (2)  make tickets to the game available for sale
  continuously to the extent practicable; and
               (3)  change the design or theme of the game regularly to
  ensure that the game remains competitive with other instant-ticket
  lottery games offered by the commission.
         (c)  The commission shall market and advertise the lottery
  game operated under this section in a manner intended to inform the
  public that the game tickets are available for purchase and that the
  game proceeds are used to fund veterans programs in this state. The
  game tickets must clearly state that the game proceeds are used to
  benefit the veterans in this state. The Texas Veterans Commission
  may make recommendations to the Texas Lottery Commission relating
  to the marketing and advertising of the game.
         (d)  The commission shall encourage each sales agent that
  sells tickets to instant-ticket games or similar types of lottery
  games to sell tickets to the game operated under this section.
         SECTION 3.  Section 466.355(b), Government Code, is amended
  to read as follows:
         (b)  Money in the state lottery account may be used only for
  the following purposes and shall be distributed as follows:
               (1)  the payment of prizes to the holders of winning
  tickets;
               (2)  the payment of costs incurred in the operation and
  administration of the lottery, including any fees received by a
  lottery operator, provided that the costs incurred in a fiscal
  biennium may not exceed an amount equal to 12 percent of the gross
  revenue accruing from the sale of tickets in that biennium;
               (3)  the establishment of a pooled bond fund, lottery
  prize reserve fund, unclaimed prize fund, and prize payment
  account; and
               (4)  the balance, after creation of a reserve
  sufficient to pay the amounts needed or estimated to be needed under
  Subdivisions (1) through (3), to be transferred on or before the
  15th day of each month as follows:
                     (A)  the portion of the balance attributable to
  the lottery game operated under Section 466.027 to the fund for
  veterans' assistance established by Section 434.017, as amended by
  Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, Regular
  Session, 2007; and
                     (B)  the remainder to the foundation school fund[,
  on or before the 15th day of each month].
         SECTION 4.  Section 466.355(b), Government Code, is amended
  to read as follows:
         (b)  Money in the state lottery account may be used only for
  the following purposes and shall be distributed as follows:
               (1)  the payment of prizes to the holders of winning
  tickets;
               (2)  the payment of costs incurred in the operation and
  administration of the lottery, including any fees received by a
  lottery operator, provided that the costs incurred in a fiscal
  biennium may not exceed an amount equal to 12 percent of the gross
  revenue accruing from the sale of tickets in that biennium;
               (3)  the establishment of a pooled bond fund, lottery
  prize reserve fund, unclaimed prize fund, and prize payment
  account; and
               (4)  the balance, after creation of a reserve
  sufficient to pay the amounts needed or estimated to be needed under
  Subdivisions (1) through (3), to be transferred on or before the
  15th day of each month as follows:
                     (A)  the portion of the balance attributable to
  the lottery game operated under Section 466.027 to the fund for
  veterans' assistance established by Section 434.017; and
                     (B)  the remainder to the foundation school fund[,
  on or before the 15th day of each month].
         SECTION 5.  Sections 434.017(a) and (e), Government Code, as
  amended by Chapter 1418 (H.B. 3107), Acts of the 80th Legislature,
  Regular Session, 2007, are amended to read as follows:
         (a)  The fund for veterans' assistance is a special fund in
  the state treasury outside the general revenue fund. The fund is
  composed of:
               (1)  money transferred to the fund at the direction of
  the legislature;
               (2)  gifts and grants contributed to the fund; [and]
               (3)  the earnings of the fund; and
               (4)  money transferred to the fund from proceeds of the
  lottery game operated under Section 466.027.
         (e)  The commission [comptroller] may solicit, [and] accept,
  or refuse a gift or grant of money, services, or property for any
  purpose related to the fund for veterans' assistance [gifts and
  grants to the fund]. A gift or grant to the fund may be appropriated
  in the same manner as other money in the fund, subject to any
  limitation or requirement placed on the gift or grant by the donor
  or granting entity.
         SECTION 6.  (a) Sections 1 and 3 of this Act take effect only
  if the Act of the 81st Legislature, Regular Session, 2009, relating
  to nonsubstantive additions to and corrections in existing codes
  does not become law.
         (b)  Sections 2 and 4 of this Act take effect only if the Act
  of the 81st Legislature, Regular Session, 2009, relating to
  nonsubstantive additions to and corrections in existing codes
  becomes law.
         SECTION 7.  (a)  Section 466.355, Government Code, as
  amended by this Act, applies only to a transfer from the state
  lottery account made on or after the effective date of this Act.
         (b)  The Texas Lottery Commission shall establish and begin
  selling tickets to the lottery game as required by Section 466.027,
  Government Code, as added by this Act, not later than March 2, 2010.
         SECTION 8.  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, 2009.