By: Turner of Tarrant, Ortiz, Jr., Lucio III, H.B. No. 1299
et al.
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.
(e) No organization that would otherwise be eligible to
receive funds from the state lottery account attributable to any
lottery game authorized by this section may receive any such funds
if it conducts illegal gambling or the illegal operation of
gambling devices as defined by Chapter 47 of the Penal Code or
allows illegal gambling or the illegal operation of gambling
devices to be conducted on its property or in its facilities.
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. Section 466.408(b), Government Code, is amended
to read as follows:
(b) If a claim is not made for prize money on or before the
180th day after the date on which the winner was selected, the prize
money shall be used in the following order of priority:
(1) subject to legislative appropriation, not more
than $20 million in prize money each year may be deposited to or
appropriated from the Texas Department of Health state-owned
multicategorical teaching hospital account, which is an account in
the general revenue fund;
(2) not more than $5 million in prize money each year
may be appropriated to the Health and Human Services Commission and
shall be used to support the provision of inpatient hospital
services in hospitals located in the 15 counties that comprise the
Texas-Mexico border area, with payment for those services to be not
less than the amount established under the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) cost reimbursement methodology
for the hospital providing the services; [and]
(3) the remaining amount, not to exceed $5 million in
prize money in each state fiscal year less any amount deposited in
the fund in that year attributable to the lottery game operated
under Section 466.027, shall be deposited to the fund for veterans'
assistance; and
(4) all prize money subject to this section and not
appropriated from the Texas Department of Health state-owned
multicategorical teaching hospital account, [or] not appropriated
to the Health and Human Services Commission for the purpose
specified in Subdivision (2), and not deposited under Subdivision
(3), shall be deposited in the general revenue fund and may be
appropriated for any purpose as determined by the legislature,
including the provision of indigent health care services as
specified in Chapter 61, Health and Safety Code.
SECTION 6. 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 or transferred to the
fund under Section 466.408(b).
(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 7. (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 8. (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 9. 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.