|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of an instant-ticket lottery game with |
|
revenue dedicated to providing grants for breast cancer research, |
|
education, and patient treatment and support. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter G, Chapter 403, Government Code, is |
|
amended by adding Section 403.110 to read as follows: |
|
Sec. 403.110. PINK FOR EVER FUND. (a) The Pink for Ever |
|
fund is a special fund in the state treasury outside the general |
|
revenue fund. |
|
(b) The fund is composed of: |
|
(1) gifts and grants contributed to the fund; |
|
(2) earnings on the principal of the fund; and |
|
(3) other amounts deposited to the credit of the fund, |
|
including: |
|
(A) legislative appropriations; and |
|
(B) money deposited under Section 466.355. |
|
(c) Except as provided by Subsection (d), money in the fund |
|
may not be appropriated for any purpose other than to fund the Pink |
|
for Ever grant program established by Subchapter D, Chapter 86, |
|
Health and Safety Code. |
|
(d) A gift or grant to the fund may be appropriated in the |
|
same manner as money in the fund derived from other sources, subject |
|
to any limitation or requirement placed on the gift or grant by the |
|
donor or granting entity. |
|
(e) Sections 403.095 and 404.071 do not apply to the fund. |
|
SECTION 2. Subchapter B, Chapter 466, Government Code, is |
|
amended by adding Section 466.028 to read as follows: |
|
Sec. 466.028. PINK FOR EVER GAME. (a) The commission shall |
|
operate an instant-ticket lottery game to benefit the Pink for Ever |
|
fund established by Section 403.110. |
|
(b) The commission shall: |
|
(1) determine the ticket price, payout amounts for |
|
prizes, 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 breast cancer research, education, |
|
and patient treatment and support. The Department of State Health |
|
Services may make recommendations to the 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; [and] |
|
(B) the portion of the balance attributable to |
|
the lottery game operated under Section 466.028 to the Pink for Ever |
|
fund established by Section 403.110; and |
|
(C) the remainder to the foundation school fund. |
|
SECTION 4. Chapter 86, Health and Safety Code, is amended by |
|
adding Subchapter D to read as follows: |
|
SUBCHAPTER D. PINK FOR EVER GRANT PROGRAM |
|
Sec. 86.151. DEFINITION. In this subchapter, "department" |
|
means the Department of State Health Services. |
|
Sec. 86.152. PINK FOR EVER GRANT PROGRAM. The department |
|
shall develop and administer a program to award grants to public and |
|
nonprofit organizations that: |
|
(1) provide treatment and support services for breast |
|
cancer patients; |
|
(2) increase public awareness of breast cancer; or |
|
(3) conduct breast cancer research. |
|
Sec. 86.153. RULES. The executive commissioner of the |
|
Health and Human Services Commission shall adopt rules governing |
|
the operation of the grant program and selection of grant |
|
recipients, subject to the requirements of this subchapter. |
|
Sec. 86.154. ELIGIBILITY. The department shall establish |
|
eligibility guidelines for the grants awarded under this |
|
subchapter. |
|
Sec. 86.155. APPLICATIONS. (a) The department shall |
|
establish application procedures for the grants awarded under this |
|
subchapter. |
|
(b) An applicant for a grant under this subchapter shall |
|
submit to the department for approval: |
|
(1) a description of the objectives established by the |
|
applicant for the activities funded by the grant; |
|
(2) a description of the methods the applicant will |
|
use to evaluate the activities funded by the grant to determine if |
|
the objectives are met; and |
|
(3) any other information requested by the department. |
|
Sec. 86.156. FUNDING. (a) The department shall award |
|
grants under this subchapter from the Pink for Ever fund |
|
established under Section 403.110, Government Code. |
|
(b) The department may solicit and accept gifts and grants |
|
from any public or private source for the purposes of this |
|
subchapter. Money accepted by the department under this subsection |
|
must be deposited in the Pink for Ever fund. |
|
Sec. 86.157. ADVISORY COMMITTEE. The department may |
|
appoint an advisory committee to assist in the evaluation of |
|
applications for grants under this subchapter. |
|
SECTION 5. (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 466.028, |
|
Government Code, as added by this Act, not later than March 1, 2012. |
|
(c) Not later than March 1, 2012, the executive commissioner |
|
of the Health and Human Services Commission shall adopt necessary |
|
rules for, and the Department of State Health Services shall |
|
establish and implement, the grant program required under |
|
Subchapter D, Chapter 86, Health and Safety Code, as added by this |
|
Act. |
|
SECTION 6. 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, 2011. |