82R20958 KYF-D
By: Kleinschmidt, Woolley, Hopson, Allen, H.B. No. 3042
Rodriguez, et al.
Substitute the following for H.B. No. 3042:
By: Kuempel C.S.H.B. No. 3042
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an instant-ticket lottery game with
revenue dedicated to providing grants for breast cancer research,
education, and patient treatment and support.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 403, Government Code, is
amended by adding Section 403.110 to read as follows:
Sec. 403.110. PINK FOR EVER FUND. (a) The Pink for Ever
fund is a special fund in the state treasury outside the general
revenue fund.
(b) The fund is composed of:
(1) gifts and grants contributed to the fund;
(2) earnings on the principal of the fund; and
(3) other amounts deposited to the credit of the fund,
including:
(A) legislative appropriations; and
(B) money deposited under Section 466.355.
(c) Except as provided by Subsection (d), money in the fund
may not be appropriated for any purpose other than to fund the Pink
for Ever grant program established by Subchapter D, Chapter 86,
Health and Safety Code.
(d) A gift or grant to the fund may be appropriated in the
same manner as money in the fund derived from other sources, subject
to any limitation or requirement placed on the gift or grant by the
donor or granting entity.
(e) Sections 403.095 and 404.071 do not apply to the fund.
SECTION 2. Subchapter B, Chapter 466, Government Code, is
amended by adding Section 466.028 to read as follows:
Sec. 466.028. PINK FOR EVER GAME. (a) The commission shall
operate an instant-ticket lottery game to benefit the Pink for Ever
fund established by Section 403.110.
(b) The commission shall:
(1) determine the ticket price, payout amounts for
prizes, and manner in which the game is conducted;
(2) make tickets to the game available for sale
continuously to the extent practicable; and
(3) change the design or theme of the game regularly to
ensure that the game remains competitive with other instant-ticket
lottery games offered by the commission.
(c) The commission shall market and advertise the lottery
game operated under this section in a manner intended to inform the
public that the game tickets are available for purchase and that the
game proceeds are used to fund breast cancer research, education,
and patient treatment and support. The Department of State Health
Services may make recommendations to the commission relating to the
marketing and advertising of the game.
(d) The commission may use not more than two percent of the
gross revenue accruing from the sale of tickets for the lottery game
operated under this section for the purposes of Subsection (c).
(e) The commission shall encourage each sales agent that
sells tickets to instant-ticket games or similar types of lottery
games to sell tickets to the game operated under this section.
SECTION 3. Section 466.355(b), Government Code, is amended
to read as follows:
(b) Money in the state lottery account may be used only for
the following purposes and shall be distributed as follows:
(1) the payment of prizes to the holders of winning
tickets;
(2) the payment of costs incurred in the operation and
administration of the lottery, including any fees received by a
lottery operator, provided that the costs incurred in a fiscal
biennium may not exceed an amount equal to 12 percent of the gross
revenue accruing from the sale of tickets in that biennium;
(3) the establishment of a pooled bond fund, lottery
prize reserve fund, unclaimed prize fund, and prize payment
account; and
(4) the balance, after creation of a reserve
sufficient to pay the amounts needed or estimated to be needed under
Subdivisions (1) through (3), to be transferred on or before the
15th day of each month as follows:
(A) the portion of the balance attributable to
the lottery game operated under Section 466.027 to the fund for
veterans' assistance established by Section 434.017; [and]
(B) the portion of the balance attributable to
the lottery game operated under Section 466.028 to the Pink for Ever
fund established by Section 403.110; and
(C) the remainder to the foundation school fund.
SECTION 4. Chapter 86, Health and Safety Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. PINK FOR EVER GRANT PROGRAM
Sec. 86.151. DEFINITION. In this subchapter, "department"
means the Department of State Health Services.
Sec. 86.152. PINK FOR EVER GRANT PROGRAM. The department
shall develop and administer a program to award grants to public and
nonprofit organizations that:
(1) provide treatment and support services for breast
cancer patients;
(2) increase public awareness of breast cancer; or
(3) conduct breast cancer research.
Sec. 86.153. RULES. The executive commissioner of the
Health and Human Services Commission shall adopt rules governing
the operation of the grant program and selection of grant
recipients, subject to the requirements of this subchapter.
Sec. 86.154. ELIGIBILITY. The department shall establish
eligibility guidelines for the grants awarded under this
subchapter.
Sec. 86.155. APPLICATIONS. (a) The department shall
establish application procedures for the grants awarded under this
subchapter.
(b) An applicant for a grant under this subchapter shall
submit to the department for approval:
(1) a description of the objectives established by the
applicant for the activities funded by the grant;
(2) a description of the methods the applicant will
use to evaluate the activities funded by the grant to determine if
the objectives are met; and
(3) any other information requested by the department.
Sec. 86.156. FUNDING. (a) The department shall award
grants under this subchapter from the Pink for Ever fund
established under Section 403.110, Government Code.
(b) The department may solicit and accept gifts and grants
from any public or private source for the purposes of this
subchapter. Money accepted by the department under this subsection
must be deposited in the Pink for Ever fund.
Sec. 86.157. ADVISORY COMMITTEE. The department may
appoint an advisory committee to assist in the evaluation of
applications for grants under this subchapter.
SECTION 5. (a) Section 466.355, Government Code, as
amended by this Act, applies only to a transfer from the state
lottery account made on or after the effective date of this Act.
(b) The Texas Lottery Commission shall establish and begin
selling tickets to the lottery game as required by Section 466.028,
Government Code, as added by this Act, not later than March 1, 2014.
(c) Not later than March 1, 2014, the executive commissioner
of the Health and Human Services Commission shall adopt necessary
rules for, and the Department of State Health Services shall
establish and implement, the grant program required under
Subchapter D, Chapter 86, Health and Safety Code, as added by this
Act.
SECTION 6. This Act takes effect September 1, 2013.