| 1 | 1 | | 84R2800 DDT-D |
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| 2 | 2 | | By: Canales H.B. No. 1504 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a lottery prize winner's choice to remain anonymous on |
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| 8 | 8 | | authorization to withhold five percent of winnings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 466.015, Government Code, is amended by |
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| 11 | 11 | | adding Subsection (b-1) to read as follows: |
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| 12 | 12 | | (b-1) The commission shall adopt rules governing |
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| 13 | 13 | | nondisclosure of the identity of certain lottery prize winners |
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| 14 | 14 | | under Section 466.029. |
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| 15 | 15 | | SECTION 2. Section 466.022(b), Government Code, is amended |
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| 16 | 16 | | to read as follows: |
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| 17 | 17 | | (b) In addition to commission records excepted from |
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| 18 | 18 | | disclosure under Chapter 552, the following information is |
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| 19 | 19 | | confidential and is exempt from disclosure: |
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| 20 | 20 | | (1) security plans and procedures of the commission |
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| 21 | 21 | | designed to ensure the integrity and security of the operation of |
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| 22 | 22 | | the lottery; |
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| 23 | 23 | | (2) information of a nature that is designed to ensure |
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| 24 | 24 | | the integrity and security of the selection of winning tickets or |
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| 25 | 25 | | numbers in the lottery, other than information describing the |
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| 26 | 26 | | general procedures for selecting winning tickets or numbers; [and] |
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| 27 | 27 | | (3) the street address and telephone number of a prize |
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| 28 | 28 | | winner, if the prize winner has not consented to the release of the |
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| 29 | 29 | | information; and |
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| 30 | 30 | | (4) all identifying information, other than the |
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| 31 | 31 | | municipality and county in which the prize winner resides, of a |
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| 32 | 32 | | lottery prize winner who has chosen to remain anonymous under |
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| 33 | 33 | | Section 466.029. |
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| 34 | 34 | | SECTION 3. Subchapter B, Chapter 466, Government Code, is |
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| 35 | 35 | | amended by adding Section 466.029 to read as follows: |
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| 36 | 36 | | Sec. 466.029. CHOICE BY CERTAIN LOTTERY PRIZE WINNERS TO |
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| 37 | 37 | | REMAIN ANONYMOUS. (a) A lottery prize winner may choose to remain |
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| 38 | 38 | | anonymous and prohibit the prize winner's identifying information, |
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| 39 | 39 | | other than the municipality and county in which the prize winner |
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| 40 | 40 | | resides, from being released to the public if the prize winner: |
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| 41 | 41 | | (1) wins a prize in an amount greater than $1 million; |
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| 42 | 42 | | and |
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| 43 | 43 | | (2) submits to the commission on the form prescribed |
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| 44 | 44 | | by the commission a written authorization to withhold an amount |
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| 45 | 45 | | equal to five percent of the total lottery prize amount. |
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| 46 | 46 | | (b) The amount withheld as authorized under Subsection |
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| 47 | 47 | | (a)(2) is calculated based on the amount of prize money paid for a |
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| 48 | 48 | | single lottery prize claim, whether paid in one payment or |
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| 49 | 49 | | installment payments, and before federal tax is withheld and other |
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| 50 | 50 | | mandatory amounts are deducted as required by law. |
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| 51 | 51 | | (c) The commission shall deposit the amount withheld under |
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| 52 | 52 | | this section into the state lottery account established under |
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| 53 | 53 | | Section 466.355. |
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| 54 | 54 | | (d) The commission may not require a lottery prize winner |
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| 55 | 55 | | who chooses to remain anonymous under this section to participate |
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| 56 | 56 | | in a news conference or other public forum. |
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| 57 | 57 | | (e) This section does not prohibit the commission from |
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| 58 | 58 | | releasing identifying information of a natural person who is a |
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| 59 | 59 | | prize winner or who is a beneficial interest owner of a legal entity |
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| 60 | 60 | | that is a prize winner to a state agency under Section 466.407 or |
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| 61 | 61 | | 466.4075, or to the Health and Human Services Commission. |
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| 62 | 62 | | SECTION 4. (a) Not later than December 1, 2015, the Texas |
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| 63 | 63 | | Lottery Commission shall adopt the rules, procedures, and forms |
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| 64 | 64 | | necessary to implement the changes in law made by this Act to |
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| 65 | 65 | | Chapter 466, Government Code. |
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| 66 | 66 | | (b) Notwithstanding Section 466.029, Government Code, as |
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| 67 | 67 | | added by this Act, a lottery prize winner may not choose to remain |
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| 68 | 68 | | anonymous unless the winner makes the choice on submission of a |
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| 69 | 69 | | claim for a lottery prize on or after January 1, 2016. |
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| 70 | 70 | | SECTION 5. This Act takes effect September 1, 2015. |
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