Texas 2009 - 81st Regular

Texas Senate Bill SB421 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R4127 PMO-D
2	2	By: Van de Putte, Harris S.B. No. 421
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the fund for veterans' assistance and the creation of a
8	8	lottery game to benefit the fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 466, Government Code, is
11	11	amended by adding Section 466.027 to read as follows:
12	12	Sec. 466.027. VETERANS' ASSISTANCE GAME. (a) The
13	13	commission shall operate an instant-ticket lottery game to benefit
14	14	the fund for veterans' assistance established by Section 434.017,
15	15	as amended by Chapter 1418 (H.B. 3107), Acts of the 80th
16	16	Legislature, Regular Session, 2007.
17	17	(b) The commission shall:
18	18	(1) determine the ticket price, payout amounts, and
19	19	manner in which the game is conducted;
20	20	(2) make tickets to the game available for sale
21	21	continuously to the extent practicable; and
22	22	(3) change the design or theme of the game regularly to
23	23	ensure that the game remains competitive with other instant-ticket
24	24	lottery games offered by the commission.
25	25	(c) The commission shall market and advertise the lottery
26	26	game operated under this section in a manner intended to inform the
27	27	public that the game tickets are available for purchase and that the
28	28	game proceeds are used to fund veterans programs in this state. The
29	29	game tickets must clearly state that the game proceeds are used to
30	30	benefit the veterans in this state. The Texas Veterans Commission
31	31	may make recommendations to the Texas Lottery Commission relating
32	32	to the marketing and advertising of the game.
33	33	(d) The commission shall encourage each sales agent that
34	34	sells tickets to instant-ticket games or similar types of lottery
35	35	games to sell tickets to the game operated under this section.
36	36	SECTION 2. Subchapter B, Chapter 466, Government Code, is
37	37	amended by adding Section 466.027 to read as follows:
38	38	Sec. 466.027. VETERANS' ASSISTANCE GAME. (a) The
39	39	commission shall operate an instant-ticket lottery game to benefit
40	40	the fund for veterans' assistance established by Section 434.017.
41	41	(b) The commission shall:
42	42	(1) determine the ticket price, payout amounts, and
43	43	manner in which the game is conducted;
44	44	(2) make tickets to the game available for sale
45	45	continuously to the extent practicable; and
46	46	(3) change the design or theme of the game regularly to
47	47	ensure that the game remains competitive with other instant-ticket
48	48	lottery games offered by the commission.
49	49	(c) The commission shall market and advertise the lottery
50	50	game operated under this section in a manner intended to inform the
51	51	public that the game tickets are available for purchase and that the
52	52	game proceeds are used to fund veterans programs in this state. The
53	53	game tickets must clearly state that the game proceeds are used to
54	54	benefit the veterans in this state. The Texas Veterans Commission
55	55	may make recommendations to the Texas Lottery Commission relating
56	56	to the marketing and advertising of the game.
57	57	(d) The commission shall encourage each sales agent that
58	58	sells tickets to instant-ticket games or similar types of lottery
59	59	games to sell tickets to the game operated under this section.
60	60	SECTION 3. Section 466.355(b), Government Code, is amended
61	61	to read as follows:
62	62	(b) Money in the state lottery account may be used only for
63	63	the following purposes and shall be distributed as follows:
64	64	(1) the payment of prizes to the holders of winning
65	65	tickets;
66	66	(2) the payment of costs incurred in the operation and
67	67	administration of the lottery, including any fees received by a
68	68	lottery operator, provided that the costs incurred in a fiscal
69	69	biennium may not exceed an amount equal to 12 percent of the gross
70	70	revenue accruing from the sale of tickets in that biennium;
71	71	(3) the establishment of a pooled bond fund, lottery
72	72	prize reserve fund, unclaimed prize fund, and prize payment
73	73	account; and
74	74	(4) the balance, after creation of a reserve
75	75	sufficient to pay the amounts needed or estimated to be needed under
76	76	Subdivisions (1) through (3), to be transferred on or before the
77	77	15th day of each month as follows:
78	78	(A) the portion of the balance attributable to
79	79	the lottery game operated under Section 466.027 to the fund for
80	80	veterans' assistance established by Section 434.017, as amended by
81	81	Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, Regular
82	82	Session, 2007; and
83	83	(B) the remainder to the foundation school fund[,
84	84	on or before the 15th day of each month].
85	85	SECTION 4. Section 466.355(b), Government Code, is amended
86	86	to read as follows:
87	87	(b) Money in the state lottery account may be used only for
88	88	the following purposes and shall be distributed as follows:
89	89	(1) the payment of prizes to the holders of winning
90	90	tickets;
91	91	(2) the payment of costs incurred in the operation and
92	92	administration of the lottery, including any fees received by a
93	93	lottery operator, provided that the costs incurred in a fiscal
94	94	biennium may not exceed an amount equal to 12 percent of the gross
95	95	revenue accruing from the sale of tickets in that biennium;
96	96	(3) the establishment of a pooled bond fund, lottery
97	97	prize reserve fund, unclaimed prize fund, and prize payment
98	98	account; and
99	99	(4) the balance, after creation of a reserve
100	100	sufficient to pay the amounts needed or estimated to be needed under
101	101	Subdivisions (1) through (3), to be transferred on or before the
102	102	15th day of each month as follows:
103	103	(A) the portion of the balance attributable to
104	104	the lottery game operated under Section 466.027 to the fund for
105	105	veterans' assistance established by Section 434.017; and
106	106	(B) the remainder to the foundation school fund[,
107	107	on or before the 15th day of each month].
108	108	SECTION 5. Sections 434.017(a) and (e), Government Code, as
109	109	amended by Chapter 1418 (H.B. 3107), Acts of the 80th Legislature,
110	110	Regular Session, 2007, are amended to read as follows:
111	111	(a) The fund for veterans' assistance is a special fund in
112	112	the state treasury outside the general revenue fund. The fund is
113	113	composed of:
114	114	(1) money transferred to the fund at the direction of
115	115	the legislature;
116	116	(2) gifts and grants contributed to the fund; [and]
117	117	(3) the earnings of the fund; and
118	118	(4) money transferred to the fund from proceeds of the
119	119	lottery game operated under Section 466.027.
120	120	(e) The commission [comptroller] may solicit, [and] accept,
121	121	or refuse a gift or grant of money, services, or property for any
122	122	purpose related to the fund for veterans' assistance [gifts and
123	123	grants to the fund]. A gift or grant to the fund may be appropriated
124	124	in the same manner as other money in the fund, subject to any
125	125	limitation or requirement placed on the gift or grant by the donor
126	126	or granting entity.
127	127	SECTION 6. (a) Sections 1 and 3 of this Act take effect only
128	128	if the Act of the 81st Legislature, Regular Session, 2009, relating
129	129	to nonsubstantive additions to and corrections in existing codes
130	130	does not become law.
131	131	(b) Sections 2 and 4 of this Act take effect only if the Act
132	132	of the 81st Legislature, Regular Session, 2009, relating to
133	133	nonsubstantive additions to and corrections in existing codes
134	134	becomes law.
135	135	SECTION 7. (a) Section 466.355, Government Code, as
136	136	amended by this Act, applies only to a transfer from the state
137	137	lottery account made on or after the effective date of this Act.
138	138	(b) The Texas Lottery Commission shall establish and begin
139	139	selling tickets to the lottery game as required by Section 466.027,
140	140	Government Code, as added by this Act, not later than March 2, 2010.
141	141	SECTION 8. This Act takes effect immediately if it receives
142	142	a vote of two-thirds of all the members elected to each house, as
143	143	provided by Section 39, Article III, Texas Constitution. If this
144	144	Act does not receive the vote necessary for immediate effect, this
145	145	Act takes effect September 1, 2009.