1 | 1 | | 84R20124 DDT-D |
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2 | 2 | | By: Guillen H.B. No. 108 |
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3 | 3 | | Substitute the following for H.B. No. 108: |
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4 | 4 | | By: Guillen C.S.H.B. No. 108 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to certain lottery prize winners' choice to remain |
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10 | 10 | | anonymous. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 466.015, Government Code, is amended by |
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13 | 13 | | adding Subsection (b-1) to read as follows: |
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14 | 14 | | (b-1) The commission shall adopt rules governing |
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15 | 15 | | nondisclosure of the personally identifiable information of |
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16 | 16 | | certain lottery prize winners under Section 466.411. |
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17 | 17 | | SECTION 2. Section 466.022(b), Government Code, is amended |
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18 | 18 | | to read as follows: |
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19 | 19 | | (b) In addition to commission records excepted from |
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20 | 20 | | disclosure under Chapter 552, the following information is |
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21 | 21 | | confidential and is exempt from disclosure: |
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22 | 22 | | (1) security plans and procedures of the commission |
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23 | 23 | | designed to ensure the integrity and security of the operation of |
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24 | 24 | | the lottery; |
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25 | 25 | | (2) information of a nature that is designed to ensure |
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26 | 26 | | the integrity and security of the selection of winning tickets or |
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27 | 27 | | numbers in the lottery, other than information describing the |
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28 | 28 | | general procedures for selecting winning tickets or numbers; [and] |
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29 | 29 | | (3) the street address and telephone number of a prize |
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30 | 30 | | winner, if the prize winner has not consented to the release of the |
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31 | 31 | | information; and |
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32 | 32 | | (4) except as otherwise authorized by Section 466.411, |
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33 | 33 | | all personally identifiable information of a natural person who is: |
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34 | 34 | | (A) a lottery prize winner and who has chosen to |
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35 | 35 | | remain anonymous under Section 466.411; or |
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36 | 36 | | (B) an owner of a beneficial interest in a legal |
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37 | 37 | | entity that is a lottery prize winner and who has chosen to remain |
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38 | 38 | | anonymous under Section 466.411. |
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39 | 39 | | SECTION 3. Subchapter I, Chapter 466, Government Code, is |
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40 | 40 | | amended by adding Section 466.411 to read as follows: |
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41 | 41 | | Sec. 466.411. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN |
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42 | 42 | | ANONYMOUS. (a) Subject to Subsection (b), a natural person who is |
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43 | 43 | | a prize winner of a lottery prize in an amount equal to $1 million or |
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44 | 44 | | more or who is an owner of a beneficial interest in a legal entity |
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45 | 45 | | that is a prize winner of a lottery prize in an amount equal to $1 |
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46 | 46 | | million or more may choose to remain anonymous and prohibit all |
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47 | 47 | | personally identifiable information from being released to the |
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48 | 48 | | public. |
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49 | 49 | | (b) On or after the 30th day after the date a prize winner |
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50 | 50 | | claims a lottery prize and chooses to remain anonymous under |
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51 | 51 | | Subsection (a), the commission may release or disclose the |
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52 | 52 | | personally identifiable information of the winner if the winner has |
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53 | 53 | | chosen to have the prize paid in periodic installments. |
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54 | 54 | | (c) For purposes of this section, the amount of a lottery |
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55 | 55 | | prize is the total amount of prize money paid to a prize winner for a |
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56 | 56 | | single lottery prize claim, whether paid in one payment or in |
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57 | 57 | | periodic installments, before deducting any federal tax |
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58 | 58 | | withholdings or other deductions required by law. |
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59 | 59 | | (d) This section does not prohibit release of a prize |
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60 | 60 | | winner's city or county of residence or prevent the commission from |
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61 | 61 | | releasing personally identifiable information as required under |
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62 | 62 | | Section 466.407 or 466.4075 or to the Health and Human Services |
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63 | 63 | | Commission. |
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64 | 64 | | SECTION 4. (a) Not later than December 1, 2015, the Texas |
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65 | 65 | | Lottery Commission shall adopt the rules and procedures necessary |
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66 | 66 | | to implement the changes in law made by this Act to Chapter 466, |
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67 | 67 | | Government Code. |
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68 | 68 | | (b) Section 466.411, Government Code, as added by this Act, |
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69 | 69 | | applies only to an initial claim for a lottery prize in an amount |
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70 | 70 | | equal to $1 million or more that is submitted to the Texas Lottery |
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71 | 71 | | Commission on or after January 1, 2016. |
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72 | 72 | | SECTION 5. This Act takes effect September 1, 2015. |
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