Texas 2011 - 82nd Regular

Texas House Bill HB1955 Compare Versions

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1	1	82R6674 GCB-F
2	2	By: Thompson H.B. No. 1955
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to contracting with a lottery operator by the Texas
8	8	Lottery Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 466.014, Government Code, is amended by
11	11	amending Subsection (b) and adding Subsection (d) to read as
12	12	follows:
13	13	(b) The executive director may contract with or employ a
14	14	person to perform a function, activity, or service in connection
15	15	with the operation of the lottery as prescribed by the executive
16	16	director. A person with whom the executive director contracts to
17	17	operate a lottery must be eligible for a sales agent license under
18	18	Section 466.155, except that when applying Section
19	19	466.155(a)(2)(A) to the lottery operator, Section
20	20	466.155(a)(1)(D)(ii) does not apply.
21	21	(d) Notwithstanding any other law, the executive director
22	22	may contract with a lottery operator to act as a sales retailer or
23	23	license a lottery operator as a sales agent under terms,
24	24	conditions, and rates and at locations approved by the executive
25	25	director.
26	26	SECTION 2. Section 466.155(a), Government Code, is amended
27	27	to read as follows:
28	28	(a) After a hearing, the director shall deny an application
29	29	for a license or the commission shall suspend or revoke a license if
30	30	the director or commission, as applicable, finds that the applicant
31	31	or sales agent:
32	32	(1) is an individual who:
33	33	(A) has been convicted of a felony, criminal
34	34	fraud, gambling or a gambling-related offense, or a misdemeanor
35	35	involving moral turpitude, if less than 10 years has elapsed since
36	36	the termination of the sentence, parole, mandatory supervision, or
37	37	probation served for the offense;
38	38	(B) is or has been a professional gambler;
39	39	(C) is married to an individual:
40	40	(i) described in Paragraph (A) or (B); or
41	41	(ii) who is currently delinquent in the
42	42	payment of any state tax;
43	43	(D) is an officer or employee of:
44	44	(i) the commission; or
45	45	(ii) a lottery operator; or
46	46	(E) is a spouse, child, brother, sister, or
47	47	parent residing as a member of the same household in the principal
48	48	place of residence of a person described by Paragraph (D);
49	49	(2) is not an individual, and an individual described
50	50	in Subdivision (1):
51	51	(A) is an officer or director of the applicant or
52	52	sales agent;
53	53	(B) holds more than 10 percent of the stock in the
54	54	applicant or sales agent;
55	55	(C) holds an equitable interest greater than 10
56	56	percent in the applicant or sales agent;
57	57	(D) is a creditor of the applicant or sales agent
58	58	who holds more than 10 percent of the applicant's or sales agent's
59	59	outstanding debt;
60	60	(E) is the owner or lessee of a business that the
61	61	applicant or sales agent conducts or through which the applicant
62	62	will conduct a ticket sales agency;
63	63	(F) shares or will share in the profits, other
64	64	than stock dividends, of the applicant or sales agent; or
65	65	(G) participates in managing the affairs of the
66	66	applicant or sales agent;
67	67	(3) has been finally determined to be:
68	68	(A) delinquent in the payment of a tax or other
69	69	money collected by the comptroller, the Texas Workforce Commission,
70	70	or the Texas Alcoholic Beverage Commission;
71	71	(B) in default on a loan made under Chapter 52,
72	72	Education Code; or
73	73	(C) in default on a loan guaranteed under Chapter
74	74	57, Education Code;
75	75	(4) is a person whose location for the sales agency is:
76	76	(A) a location licensed for games of bingo under
77	77	Chapter 2001, Occupations Code;
78	78	(B) on land that is owned by:
79	79	(i) this state; or
80	80	(ii) a political subdivision of this state
81	81	and on which is located a public primary or secondary school, an
82	82	institution of higher education, or an agency of the state; or
83	83	(C) a location for which a person holds a wine and
84	84	beer retailer's permit, mixed beverage permit, mixed beverage late
85	85	hours permit, private club registration permit, or private club
86	86	late hours permit issued under Chapter 25, 28, 29, 32, or 33,
87	87	Alcoholic Beverage Code; or
88	88	(5) has violated this chapter or a rule adopted under
89	89	this chapter.
90	90	SECTION 3. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2011.