1 | 1 | | 81R3125 YDB-D |
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2 | 2 | | By: Quintanilla H.B. No. 357 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the sale of lottery tickets at a location at which a |
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8 | 8 | | person holds an alcoholic beverage permit. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 466.155(a), Government Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) After a hearing, the director shall deny an application |
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13 | 13 | | for a license or the commission shall suspend or revoke a license if |
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14 | 14 | | the director or commission, as applicable, finds that the applicant |
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15 | 15 | | or sales agent: |
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16 | 16 | | (1) is an individual who: |
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17 | 17 | | (A) has been convicted of a felony, criminal |
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18 | 18 | | fraud, gambling or a gambling-related offense, or a misdemeanor |
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19 | 19 | | involving moral turpitude, if less than 10 years has elapsed since |
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20 | 20 | | the termination of the sentence, parole, mandatory supervision, or |
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21 | 21 | | probation served for the offense; |
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22 | 22 | | (B) is or has been a professional gambler; |
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23 | 23 | | (C) is married to an individual: |
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24 | 24 | | (i) described in Paragraph (A) or (B); or |
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25 | 25 | | (ii) who is currently delinquent in the |
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26 | 26 | | payment of any state tax; |
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27 | 27 | | (D) is an officer or employee of the commission |
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28 | 28 | | or a lottery operator; or |
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29 | 29 | | (E) is a spouse, child, brother, sister, or |
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30 | 30 | | parent residing as a member of the same household in the principal |
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31 | 31 | | place of residence of a person described by Paragraph (D); |
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32 | 32 | | (2) is not an individual, and an individual described |
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33 | 33 | | in Subdivision (1): |
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34 | 34 | | (A) is an officer or director of the applicant or |
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35 | 35 | | sales agent; |
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36 | 36 | | (B) holds more than 10 percent of the stock in the |
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37 | 37 | | applicant or sales agent; |
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38 | 38 | | (C) holds an equitable interest greater than 10 |
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39 | 39 | | percent in the applicant or sales agent; |
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40 | 40 | | (D) is a creditor of the applicant or sales agent |
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41 | 41 | | who holds more than 10 percent of the applicant's or sales agent's |
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42 | 42 | | outstanding debt; |
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43 | 43 | | (E) is the owner or lessee of a business that the |
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44 | 44 | | applicant or sales agent conducts or through which the applicant |
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45 | 45 | | will conduct a ticket sales agency; |
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46 | 46 | | (F) shares or will share in the profits, other |
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47 | 47 | | than stock dividends, of the applicant or sales agent; or |
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48 | 48 | | (G) participates in managing the affairs of the |
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49 | 49 | | applicant or sales agent; |
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50 | 50 | | (3) has been finally determined to be: |
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51 | 51 | | (A) delinquent in the payment of a tax or other |
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52 | 52 | | money collected by the comptroller, the Texas Workforce Commission, |
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53 | 53 | | or the Texas Alcoholic Beverage Commission; |
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54 | 54 | | (B) in default on a loan made under Chapter 52, |
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55 | 55 | | Education Code; or |
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56 | 56 | | (C) in default on a loan guaranteed under Chapter |
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57 | 57 | | 57, Education Code; |
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58 | 58 | | (4) is a person whose location for the sales agency is: |
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59 | 59 | | (A) a location licensed for games of bingo under |
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60 | 60 | | Chapter 2001, Occupations Code; or |
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61 | 61 | | (B) on land that is owned by: |
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62 | 62 | | (i) this state; or |
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63 | 63 | | (ii) a political subdivision of this state |
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64 | 64 | | and on which is located a public primary or secondary school, an |
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65 | 65 | | institution of higher education, or an agency of the state; or |
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66 | 66 | | [(C) a location for which a person holds a wine |
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67 | 67 | | and beer retailer's permit, mixed beverage permit, mixed beverage |
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68 | 68 | | late hours permit, private club registration permit, or private |
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69 | 69 | | club late hours permit issued under Chapter 25, 28, 29, 32, or 33, |
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70 | 70 | | Alcoholic Beverage Code; or] |
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71 | 71 | | (5) has violated this chapter or a rule adopted under |
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72 | 72 | | this chapter. |
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73 | 73 | | SECTION 2. This Act takes effect immediately if it receives |
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74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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77 | 77 | | Act takes effect September 1, 2009. |
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