Texas 2009 - 81st Regular

Texas House Bill HB357 Compare Versions

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11 81R3125 YDB-D
22 By: Quintanilla H.B. No. 357
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the sale of lottery tickets at a location at which a
88 person holds an alcoholic beverage permit.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 466.155(a), Government Code, is amended
1111 to read as follows:
1212 (a) After a hearing, the director shall deny an application
1313 for a license or the commission shall suspend or revoke a license if
1414 the director or commission, as applicable, finds that the applicant
1515 or sales agent:
1616 (1) is an individual who:
1717 (A) has been convicted of a felony, criminal
1818 fraud, gambling or a gambling-related offense, or a misdemeanor
1919 involving moral turpitude, if less than 10 years has elapsed since
2020 the termination of the sentence, parole, mandatory supervision, or
2121 probation served for the offense;
2222 (B) is or has been a professional gambler;
2323 (C) is married to an individual:
2424 (i) described in Paragraph (A) or (B); or
2525 (ii) who is currently delinquent in the
2626 payment of any state tax;
2727 (D) is an officer or employee of the commission
2828 or a lottery operator; or
2929 (E) is a spouse, child, brother, sister, or
3030 parent residing as a member of the same household in the principal
3131 place of residence of a person described by Paragraph (D);
3232 (2) is not an individual, and an individual described
3333 in Subdivision (1):
3434 (A) is an officer or director of the applicant or
3535 sales agent;
3636 (B) holds more than 10 percent of the stock in the
3737 applicant or sales agent;
3838 (C) holds an equitable interest greater than 10
3939 percent in the applicant or sales agent;
4040 (D) is a creditor of the applicant or sales agent
4141 who holds more than 10 percent of the applicant's or sales agent's
4242 outstanding debt;
4343 (E) is the owner or lessee of a business that the
4444 applicant or sales agent conducts or through which the applicant
4545 will conduct a ticket sales agency;
4646 (F) shares or will share in the profits, other
4747 than stock dividends, of the applicant or sales agent; or
4848 (G) participates in managing the affairs of the
4949 applicant or sales agent;
5050 (3) has been finally determined to be:
5151 (A) delinquent in the payment of a tax or other
5252 money collected by the comptroller, the Texas Workforce Commission,
5353 or the Texas Alcoholic Beverage Commission;
5454 (B) in default on a loan made under Chapter 52,
5555 Education Code; or
5656 (C) in default on a loan guaranteed under Chapter
5757 57, Education Code;
5858 (4) is a person whose location for the sales agency is:
5959 (A) a location licensed for games of bingo under
6060 Chapter 2001, Occupations Code; or
6161 (B) on land that is owned by:
6262 (i) this state; or
6363 (ii) a political subdivision of this state
6464 and on which is located a public primary or secondary school, an
6565 institution of higher education, or an agency of the state; or
6666 [(C) a location for which a person holds a wine
6767 and beer retailer's permit, mixed beverage permit, mixed beverage
6868 late hours permit, private club registration permit, or private
6969 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
7070 Alcoholic Beverage Code; or]
7171 (5) has violated this chapter or a rule adopted under
7272 this chapter.
7373 SECTION 2. This Act takes effect immediately if it receives
7474 a vote of two-thirds of all the members elected to each house, as
7575 provided by Section 39, Article III, Texas Constitution. If this
7676 Act does not receive the vote necessary for immediate effect, this
7777 Act takes effect September 1, 2009.