Texas 2009 - 81st Regular

Texas Senate Bill SB1655 Compare Versions

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1	1	S.B. No. 1655
2	2
3	3
4	4	AN ACT
5	5	relating to the organization, duties, and functions of the Texas
6	6	Veterans Commission and to providing funding for assistance for
7	7	veterans through a lottery game.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subsection (a), Section 434.014, Government
10	10	Code, is amended to read as follows:
11	11	(a) The executive director or the executive director's
12	12	designee shall develop a career ladder program. The program must
13	13	require that openings in all positions except entry level positions
14	14	be posted within the commission concurrently with any [for at least
15	15	10 days before they are posted for the] public posting.
16	16	SECTION 2. Subchapter A, Chapter 434, Government Code, is
17	17	amended by adding Sections 434.0161 and 434.021 to read as follows:
18	18	Sec. 434.0161. USE OF FUNDS TO SUPPORT OUTREACH AND
19	19	TRAINING. The commission may use appropriated funds to purchase,
20	20	for use at outreach and training functions:
21	21	(1) promotional items that include the agency's name
22	22	and contact information to be distributed to veterans; and
23	23	(2) food and beverages.
24	24	Sec. 434.021. CONFIDENTIAL INFORMATION RECEIVED BY THE
25	25	COMMISSION. Information received by the commission that is
26	26	confidential under Chapter 552 remains confidential regardless of
27	27	the format in which the commission maintains the information.
28	28	SECTION 3. Subsections (a) and (e), Section 434.017,
29	29	Government Code, as amended by Chapter 1418 (H.B. 3107), Acts of the
30	30	80th Legislature, Regular Session, 2007, are amended to read as
31	31	follows:
32	32	(a) The fund for veterans' assistance is a special fund in
33	33	the state treasury outside the general revenue fund. The fund is
34	34	composed of:
35	35	(1) money transferred to the fund at the direction of
36	36	the legislature;
37	37	(2) gifts and grants contributed to the fund; [and]
38	38	(3) the earnings of the fund; and
39	39	(4) money transferred to the fund from proceeds of the
40	40	lottery game operated under Section 466.027 or transferred to the
41	41	fund under Section 466.408(b).
42	42	(e) The commission [comptroller] may solicit, [and] accept,
43	43	or refuse a gift or grant of money, services, or property for any
44	44	purpose related to the fund for veterans' assistance [gifts and
45	45	grants to the fund]. A gift or grant to the fund may be appropriated
46	46	in the same manner as other money in the fund, subject to any
47	47	limitation or requirement placed on the gift or grant by the donor
48	48	or granting entity.
49	49	SECTION 4. (a) Subchapter B, Chapter 466, Government Code,
50	50	is amended by adding Section 466.027 to read as follows:
51	51	Sec. 466.027. VETERANS' ASSISTANCE GAME. (a) The
52	52	commission shall operate an instant-ticket lottery game to benefit
53	53	the fund for veterans' assistance established by Section 434.017,
54	54	as amended by Chapter 1418 (H.B. 3107), Acts of the 80th
55	55	Legislature, Regular Session, 2007.
56	56	(b) The commission shall:
57	57	(1) determine the ticket price, payout amounts, and
58	58	manner in which the game is conducted;
59	59	(2) make tickets to the game available for sale
60	60	continuously to the extent practicable; and
61	61	(3) change the design or theme of the game regularly to
62	62	ensure that the game remains competitive with other instant-ticket
63	63	lottery games offered by the commission.
64	64	(c) The commission shall market and advertise the lottery
65	65	game operated under this section in a manner intended to inform the
66	66	public that the game tickets are available for purchase and that the
67	67	game proceeds are used to fund veterans programs in this state. The
68	68	game tickets must clearly state that the game proceeds are used to
69	69	benefit the veterans in this state. The Texas Veterans Commission
70	70	may make recommendations to the Texas Lottery Commission relating
71	71	to the marketing and advertising of the game.
72	72	(d) The commission shall encourage each sales agent that
73	73	sells tickets to instant-ticket games or similar types of lottery
74	74	games to sell tickets to the game operated under this section.
75	75	(e) No organization that would otherwise be eligible to
76	76	receive funds from the state lottery account attributable to any
77	77	lottery game authorized by this section may receive any such funds
78	78	if it conducts illegal gambling or the illegal operation of
79	79	gambling devices as defined by Chapter 47, Penal Code, or allows
80	80	illegal gambling or the illegal operation of gambling devices to be
81	81	conducted on its property or in its facilities.
82	82	(b) This section takes effect only if Senate Bill No. 1969,
83	83	Acts of the 81st Legislature, Regular Session, 2009, does not
84	84	become law.
85	85	SECTION 5. (a) Subchapter B, Chapter 466, Government Code,
86	86	is amended by adding Section 466.027 to read as follows:
87	87	Sec. 466.027. VETERANS' ASSISTANCE GAME. (a) The
88	88	commission shall operate an instant-ticket lottery game to benefit
89	89	the fund for veterans' assistance established by Section 434.017.
90	90	(b) The commission shall:
91	91	(1) determine the ticket price, payout amounts, and
92	92	manner in which the game is conducted;
93	93	(2) make tickets to the game available for sale
94	94	continuously to the extent practicable; and
95	95	(3) change the design or theme of the game regularly to
96	96	ensure that the game remains competitive with other instant-ticket
97	97	lottery games offered by the commission.
98	98	(c) The commission shall market and advertise the lottery
99	99	game operated under this section in a manner intended to inform the
100	100	public that the game tickets are available for purchase and that the
101	101	game proceeds are used to fund veterans programs in this state. The
102	102	game tickets must clearly state that the game proceeds are used to
103	103	benefit the veterans in this state. The Texas Veterans Commission
104	104	may make recommendations to the Texas Lottery Commission relating
105	105	to the marketing and advertising of the game.
106	106	(d) The commission shall encourage each sales agent that
107	107	sells tickets to instant-ticket games or similar types of lottery
108	108	games to sell tickets to the game operated under this section.
109	109	(e) No organization that would otherwise be eligible to
110	110	receive funds from the state lottery account attributable to any
111	111	lottery game authorized by this section may receive any such funds
112	112	if it conducts illegal gambling or the illegal operation of
113	113	gambling devices as defined by Chapter 47, Penal Code, or allows
114	114	illegal gambling or the illegal operation of gambling devices to be
115	115	conducted on its property or in its facilities.
116	116	(b) This section takes effect only if Senate Bill No. 1969,
117	117	Acts of the 81st Legislature, Regular Session, 2009, becomes law.
118	118	SECTION 6. (a) Subsection (b), Section 466.355,
119	119	Government Code, is amended to read as follows:
120	120	(b) Money in the state lottery account may be used only for
121	121	the following purposes and shall be distributed as follows:
122	122	(1) the payment of prizes to the holders of winning
123	123	tickets;
124	124	(2) the payment of costs incurred in the operation and
125	125	administration of the lottery, including any fees received by a
126	126	lottery operator, provided that the costs incurred in a fiscal
127	127	biennium may not exceed an amount equal to 12 percent of the gross
128	128	revenue accruing from the sale of tickets in that biennium;
129	129	(3) the establishment of a pooled bond fund, lottery
130	130	prize reserve fund, unclaimed prize fund, and prize payment
131	131	account; and
132	132	(4) the balance, after creation of a reserve
133	133	sufficient to pay the amounts needed or estimated to be needed under
134	134	Subdivisions (1) through (3), to be transferred on or before the
135	135	15th day of each month as follows:
136	136	(A) the portion of the balance attributable to
137	137	the lottery game operated under Section 466.027 to the fund for
138	138	veterans' assistance established by Section 434.017, as amended by
139	139	Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, Regular
140	140	Session, 2007; and
141	141	(B) the remainder to the foundation school fund[,
142	142	on or before the 15th day of each month].
143	143	(b) This section takes effect only if Senate Bill No. 1969,
144	144	Acts of the 81st Legislature, Regular Session, 2009, does not
145	145	become law.
146	146	SECTION 7. (a) Subsection (b), Section 466.355,
147	147	Government Code, is amended to read as follows:
148	148	(b) Money in the state lottery account may be used only for
149	149	the following purposes and shall be distributed as follows:
150	150	(1) the payment of prizes to the holders of winning
151	151	tickets;
152	152	(2) the payment of costs incurred in the operation and
153	153	administration of the lottery, including any fees received by a
154	154	lottery operator, provided that the costs incurred in a fiscal
155	155	biennium may not exceed an amount equal to 12 percent of the gross
156	156	revenue accruing from the sale of tickets in that biennium;
157	157	(3) the establishment of a pooled bond fund, lottery
158	158	prize reserve fund, unclaimed prize fund, and prize payment
159	159	account; and
160	160	(4) the balance, after creation of a reserve
161	161	sufficient to pay the amounts needed or estimated to be needed under
162	162	Subdivisions (1) through (3), to be transferred on or before the
163	163	15th day of each month as follows:
164	164	(A) the portion of the balance attributable to
165	165	the lottery game operated under Section 466.027 to the fund for
166	166	veterans' assistance established by Section 434.017; and
167	167	(B) the remainder to the foundation school fund[,
168	168	on or before the 15th day of each month].
169	169	(b) This section takes effect only if Senate Bill No. 1969,
170	170	Acts of the 81st Legislature, Regular Session, 2009, becomes law.
171	171	SECTION 8. Subsection (b), Section 466.408, Government
172	172	Code, is amended to read as follows:
173	173	(b) If a claim is not made for prize money on or before the
174	174	180th day after the date on which the winner was selected, the prize
175	175	money shall be used in the following order of priority:
176	176	(1) subject to legislative appropriation, not more
177	177	than $20 million in prize money each year may be deposited to or
178	178	appropriated from the Texas Department of Health state-owned
179	179	multicategorical teaching hospital account, which is an account in
180	180	the general revenue fund;
181	181	(2) not more than $5 million in prize money each year
182	182	may be appropriated to the Health and Human Services Commission and
183	183	shall be used to support the provision of inpatient hospital
184	184	services in hospitals located in the 15 counties that comprise the
185	185	Texas-Mexico border area, with payment for those services to be not
186	186	less than the amount established under the Tax Equity and Fiscal
187	187	Responsibility Act of 1982 (TEFRA) cost reimbursement methodology
188	188	for the hospital providing the services; [and]
189	189	(3) the remaining amount, not to exceed $5 million in
190	190	prize money in each state fiscal year less any amount deposited in
191	191	the fund in that year attributable to the lottery game operated
192	192	under Section 466.027, shall be deposited to the fund for veterans'
193	193	assistance; and
194	194	(4) all prize money subject to this section and not
195	195	appropriated from the Texas Department of Health state-owned
196	196	multicategorical teaching hospital account, [or] not appropriated
197	197	to the Health and Human Services Commission for the purpose
198	198	specified in Subdivision (2), and not deposited under Subdivision
199	199	(3), shall be deposited in the general revenue fund and may be
200	200	appropriated for any purpose as determined by the legislature,
201	201	including the provision of indigent health care services as
202	202	specified in Chapter 61, Health and Safety Code.
203	203	SECTION 9. Subsection (b), Section 2167.001, Government
204	204	Code, is amended to read as follows:
205	205	(b) This chapter does not apply to:
206	206	(1) radio antenna space;
207	207	(2) residential space for a Texas Department of Mental
208	208	Health and Mental Retardation program;
209	209	(3) residential space for a Texas Youth Commission
210	210	program;
211	211	(4) space to be used for less than one month for
212	212	meetings, conferences, conventions, seminars, displays,
213	213	examinations, auctions, or similar purposes;
214	214	(5) district office space for members of the
215	215	legislature;
216	216	(6) space used by the Texas Workforce Commission;
217	217	(7) residential property acquired by the Texas
218	218	Department of Housing and Community Affairs or the Texas State
219	219	Affordable Housing Corporation that is offered for sale or rental
220	220	to individuals and families of low or very low income or families of
221	221	moderate income; [or]
222	222	(8) except as provided by Section 2167.007, classroom
223	223	and instructional space for an institution of higher education; or
224	224	(9) space leased by the Texas Veterans Commission to
225	225	administer the veterans employment services program.
226	226	SECTION 10. (a) Section 466.355, Government Code, as
227	227	amended by this Act, applies only to a transfer from the state
228	228	lottery account made on or after the effective date of this Act.
229	229	(b) The Texas Lottery Commission shall establish and begin
230	230	selling tickets to the lottery game as required by Section 466.027,
231	231	Government Code, as added by this Act, not later than March 2, 2010.
232	232	SECTION 11. Subsection (b), Section 2167.001, Government
233	233	Code, as amended by this Act, applies only to a lease agreement
234	234	entered into on or after the effective date of this Act. A lease
235	235	agreement entered into before the effective date of this Act is
236	236	governed by the law in effect at the time the lease agreement was
237	237	entered into, and the former law is continued in effect for that
238	238	purpose.
239	239	SECTION 12. This Act takes effect immediately if it
240	240	receives a vote of two-thirds of all the members elected to each
241	241	house, as provided by Section 39, Article III, Texas Constitution.
242	242	If this Act does not receive the vote necessary for immediate
243	243	effect, this Act takes effect September 1, 2009.
244	244	______________________________ ______________________________
245	245	President of the Senate Speaker of the House
246	246	I hereby certify that S.B. No. 1655 passed the Senate on
247	247	April 16, 2009, by the following vote: Yeas 31, Nays 0; and that
248	248	the Senate concurred in House amendment on June 1, 2009, by the
249	249	following vote: Yeas 26, Nays 5.
250	250	______________________________
251	251	Secretary of the Senate
252	252	I hereby certify that S.B. No. 1655 passed the House, with
253	253	amendment, on May 20, 2009, by the following vote: Yeas 140,
254	254	Nays 0, one present not voting.
255	255	______________________________
256	256	Chief Clerk of the House
257	257	Approved:
258	258	______________________________
259	259	Date
260	260	______________________________
261	261	Governor