Texas 2011 - 82nd Regular

Texas House Bill HB3042 Compare Versions

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Old	New	Differences
1	1	82R20958 KYF-D
2	2	By: Kleinschmidt, Woolley, Hopson, Allen, H.B. No. 3042
3	3	Rodriguez, et al.
4	4	Substitute the following for H.B. No. 3042:
5	5	By: Kuempel C.S.H.B. No. 3042
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of an instant-ticket lottery game with
11	11	revenue dedicated to providing grants for breast cancer research,
12	12	education, and patient treatment and support.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subchapter G, Chapter 403, Government Code, is
15	15	amended by adding Section 403.110 to read as follows:
16	16	Sec. 403.110. PINK FOR EVER FUND. (a) The Pink for Ever
17	17	fund is a special fund in the state treasury outside the general
18	18	revenue fund.
19	19	(b) The fund is composed of:
20	20	(1) gifts and grants contributed to the fund;
21	21	(2) earnings on the principal of the fund; and
22	22	(3) other amounts deposited to the credit of the fund,
23	23	including:
24	24	(A) legislative appropriations; and
25	25	(B) money deposited under Section 466.355.
26	26	(c) Except as provided by Subsection (d), money in the fund
27	27	may not be appropriated for any purpose other than to fund the Pink
28	28	for Ever grant program established by Subchapter D, Chapter 86,
29	29	Health and Safety Code.
30	30	(d) A gift or grant to the fund may be appropriated in the
31	31	same manner as money in the fund derived from other sources, subject
32	32	to any limitation or requirement placed on the gift or grant by the
33	33	donor or granting entity.
34	34	(e) Sections 403.095 and 404.071 do not apply to the fund.
35	35	SECTION 2. Subchapter B, Chapter 466, Government Code, is
36	36	amended by adding Section 466.028 to read as follows:
37	37	Sec. 466.028. PINK FOR EVER GAME. (a) The commission shall
38	38	operate an instant-ticket lottery game to benefit the Pink for Ever
39	39	fund established by Section 403.110.
40	40	(b) The commission shall:
41	41	(1) determine the ticket price, payout amounts for
42	42	prizes, and manner in which the game is conducted;
43	43	(2) make tickets to the game available for sale
44	44	continuously to the extent practicable; and
45	45	(3) change the design or theme of the game regularly to
46	46	ensure that the game remains competitive with other instant-ticket
47	47	lottery games offered by the commission.
48	48	(c) The commission shall market and advertise the lottery
49	49	game operated under this section in a manner intended to inform the
50	50	public that the game tickets are available for purchase and that the
51	51	game proceeds are used to fund breast cancer research, education,
52	52	and patient treatment and support. The Department of State Health
53	53	Services may make recommendations to the commission relating to the
54	54	marketing and advertising of the game.
55	55	(d) The commission may use not more than two percent of the
56	56	gross revenue accruing from the sale of tickets for the lottery game
57	57	operated under this section for the purposes of Subsection (c).
58	58	(e) The commission shall encourage each sales agent that
59	59	sells tickets to instant-ticket games or similar types of lottery
60	60	games to sell tickets to the game operated under this section.
61	61	SECTION 3. Section 466.355(b), Government Code, is amended
62	62	to read as follows:
63	63	(b) Money in the state lottery account may be used only for
64	64	the following purposes and shall be distributed as follows:
65	65	(1) the payment of prizes to the holders of winning
66	66	tickets;
67	67	(2) the payment of costs incurred in the operation and
68	68	administration of the lottery, including any fees received by a
69	69	lottery operator, provided that the costs incurred in a fiscal
70	70	biennium may not exceed an amount equal to 12 percent of the gross
71	71	revenue accruing from the sale of tickets in that biennium;
72	72	(3) the establishment of a pooled bond fund, lottery
73	73	prize reserve fund, unclaimed prize fund, and prize payment
74	74	account; and
75	75	(4) the balance, after creation of a reserve
76	76	sufficient to pay the amounts needed or estimated to be needed under
77	77	Subdivisions (1) through (3), to be transferred on or before the
78	78	15th day of each month as follows:
79	79	(A) the portion of the balance attributable to
80	80	the lottery game operated under Section 466.027 to the fund for
81	81	veterans' assistance established by Section 434.017; [and]
82	82	(B) the portion of the balance attributable to
83	83	the lottery game operated under Section 466.028 to the Pink for Ever
84	84	fund established by Section 403.110; and
85	85	(C) the remainder to the foundation school fund.
86	86	SECTION 4. Chapter 86, Health and Safety Code, is amended by
87	87	adding Subchapter D to read as follows:
88	88	SUBCHAPTER D. PINK FOR EVER GRANT PROGRAM
89	89	Sec. 86.151. DEFINITION. In this subchapter, "department"
90	90	means the Department of State Health Services.
91	91	Sec. 86.152. PINK FOR EVER GRANT PROGRAM. The department
92	92	shall develop and administer a program to award grants to public and
93	93	nonprofit organizations that:
94	94	(1) provide treatment and support services for breast
95	95	cancer patients;
96	96	(2) increase public awareness of breast cancer; or
97	97	(3) conduct breast cancer research.
98	98	Sec. 86.153. RULES. The executive commissioner of the
99	99	Health and Human Services Commission shall adopt rules governing
100	100	the operation of the grant program and selection of grant
101	101	recipients, subject to the requirements of this subchapter.
102	102	Sec. 86.154. ELIGIBILITY. The department shall establish
103	103	eligibility guidelines for the grants awarded under this
104	104	subchapter.
105	105	Sec. 86.155. APPLICATIONS. (a) The department shall
106	106	establish application procedures for the grants awarded under this
107	107	subchapter.
108	108	(b) An applicant for a grant under this subchapter shall
109	109	submit to the department for approval:
110	110	(1) a description of the objectives established by the
111	111	applicant for the activities funded by the grant;
112	112	(2) a description of the methods the applicant will
113	113	use to evaluate the activities funded by the grant to determine if
114	114	the objectives are met; and
115	115	(3) any other information requested by the department.
116	116	Sec. 86.156. FUNDING. (a) The department shall award
117	117	grants under this subchapter from the Pink for Ever fund
118	118	established under Section 403.110, Government Code.
119	119	(b) The department may solicit and accept gifts and grants
120	120	from any public or private source for the purposes of this
121	121	subchapter. Money accepted by the department under this subsection
122	122	must be deposited in the Pink for Ever fund.
123	123	Sec. 86.157. ADVISORY COMMITTEE. The department may
124	124	appoint an advisory committee to assist in the evaluation of
125	125	applications for grants under this subchapter.
126	126	SECTION 5. (a) Section 466.355, Government Code, as
127	127	amended by this Act, applies only to a transfer from the state
128	128	lottery account made on or after the effective date of this Act.
129	129	(b) The Texas Lottery Commission shall establish and begin
130	130	selling tickets to the lottery game as required by Section 466.028,
131	131	Government Code, as added by this Act, not later than March 1, 2014.
132	132	(c) Not later than March 1, 2014, the executive commissioner
133	133	of the Health and Human Services Commission shall adopt necessary
134	134	rules for, and the Department of State Health Services shall
135	135	establish and implement, the grant program required under
136	136	Subchapter D, Chapter 86, Health and Safety Code, as added by this
137	137	Act.
138	138	SECTION 6. This Act takes effect September 1, 2013.