84R2800 DDT-D
By: Canales H.B. No. 1504
A BILL TO BE ENTITLED
AN ACT
relating to a lottery prize winner's choice to remain anonymous on
authorization to withhold five percent of winnings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 466.015, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The commission shall adopt rules governing
nondisclosure of the identity of certain lottery prize winners
under Section 466.029.
SECTION 2. Section 466.022(b), Government Code, is amended
to read as follows:
(b) In addition to commission records excepted from
disclosure under Chapter 552, the following information is
confidential and is exempt from disclosure:
(1) security plans and procedures of the commission
designed to ensure the integrity and security of the operation of
the lottery;
(2) information of a nature that is designed to ensure
the integrity and security of the selection of winning tickets or
numbers in the lottery, other than information describing the
general procedures for selecting winning tickets or numbers; [and]
(3) the street address and telephone number of a prize
winner, if the prize winner has not consented to the release of the
information; and
(4) all identifying information, other than the
municipality and county in which the prize winner resides, of a
lottery prize winner who has chosen to remain anonymous under
Section 466.029.
SECTION 3. Subchapter B, Chapter 466, Government Code, is
amended by adding Section 466.029 to read as follows:
Sec. 466.029. CHOICE BY CERTAIN LOTTERY PRIZE WINNERS TO
REMAIN ANONYMOUS. (a) A lottery prize winner may choose to remain
anonymous and prohibit the prize winner's identifying information,
other than the municipality and county in which the prize winner
resides, from being released to the public if the prize winner:
(1) wins a prize in an amount greater than $1 million;
and
(2) submits to the commission on the form prescribed
by the commission a written authorization to withhold an amount
equal to five percent of the total lottery prize amount.
(b) The amount withheld as authorized under Subsection
(a)(2) is calculated based on the amount of prize money paid for a
single lottery prize claim, whether paid in one payment or
installment payments, and before federal tax is withheld and other
mandatory amounts are deducted as required by law.
(c) The commission shall deposit the amount withheld under
this section into the state lottery account established under
Section 466.355.
(d) The commission may not require a lottery prize winner
who chooses to remain anonymous under this section to participate
in a news conference or other public forum.
(e) This section does not prohibit the commission from
releasing identifying information of a natural person who is a
prize winner or who is a beneficial interest owner of a legal entity
that is a prize winner to a state agency under Section 466.407 or
466.4075, or to the Health and Human Services Commission.
SECTION 4. (a) Not later than December 1, 2015, the Texas
Lottery Commission shall adopt the rules, procedures, and forms
necessary to implement the changes in law made by this Act to
Chapter 466, Government Code.
(b) Notwithstanding Section 466.029, Government Code, as
added by this Act, a lottery prize winner may not choose to remain
anonymous unless the winner makes the choice on submission of a
claim for a lottery prize on or after January 1, 2016.
SECTION 5. This Act takes effect September 1, 2015.