Texas 2015 - 84th Regular

Texas House Bill HB854 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4351 YDB-D
2	2	By: Sanford H.B. No. 854
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the abolishment of the state lottery.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. ABOLISHMENT OF STATE LOTTERY
10	10	SECTION 1.01. Section 467.002, Government Code, is amended
11	11	to read as follows:
12	12	Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is
13	13	subject to Chapter 325 (Texas Sunset Act). Unless continued in
14	14	existence as provided by that chapter, the commission is abolished
15	15	and this chapter[, Chapter 466 of this code,] and Chapter 2001,
16	16	Occupations Code, expire September 1, 2025.
17	17	SECTION 1.02. Sections 467.024(a) and (c), Government Code,
18	18	are amended to read as follows:
19	19	(a) An individual is not eligible to be an appointed member
20	20	of the commission if the individual:
21	21	(1) is registered, certified, or licensed by a
22	22	regulatory agency in the field of bingo [or lottery];
23	23	(2) owns or controls, directly or indirectly, more
24	24	than a 10 percent interest in a business entity or other
25	25	organization regulated by the commission or receiving funds from
26	26	the commission;
27	27	(3) is employed by or participates in the management
28	28	of a business entity or other organization regulated by or
29	29	receiving funds from the commission;
30	30	(4) uses or receives a substantial amount of tangible
31	31	goods, services, or funds from the commission, other than
32	32	compensation or reimbursement authorized by law for commission
33	33	membership, attendance, or expenses;
34	34	(5) is an officer, employee, or paid consultant of a
35	35	Texas trade association in the field of bingo [or lottery];
36	36	(6) is required to register as a lobbyist under
37	37	Chapter 305 because of the person's activities for compensation on
38	38	behalf of a profession related to the operation of the commission;
39	39	(7) is married to an individual described by
40	40	Subdivisions (2)-(6);
41	41	(8) has been convicted of a felony or of any crime
42	42	involving moral turpitude; or
43	43	(9) is not a citizen of the United States.
44	44	(c) A person may not be a commission employee employed in a
45	45	"bona fide executive, administrative, or professional capacity,"
46	46	as that phrase is used for purposes of establishing an exemption to
47	47	the overtime provisions of the federal Fair Labor Standards Act of
48	48	1938 (29 U.S.C. Section 201 et seq.), if:
49	49	(1) the person is an officer, employee, or paid
50	50	consultant of a Texas trade association in the field of bingo [or
51	51	lottery]; or
52	52	(2) the person's spouse is an officer, manager, or paid
53	53	consultant of a Texas trade association in the field of bingo [or
54	54	lottery].
55	55	SECTION 1.03. Section 467.025(a), Government Code, is
56	56	amended to read as follows:
57	57	(a) A commission member may not:
58	58	(1) accept any employment or remuneration from [:
59	59	[(A) a person that has a significant financial
60	60	interest in the lottery; or
61	61	[(B)] a bingo commercial lessor, bingo
62	62	distributor, or bingo manufacturer;
63	63	(2) play any [lottery or] bingo game conducted in this
64	64	state;
65	65	(3) accept or be entitled to accept any part of the
66	66	winnings to be paid from a [lottery or] bingo game conducted in this
67	67	state;
68	68	(4) use the member's official authority to affect the
69	69	result of an election or nomination for public office; or
70	70	(5) directly or indirectly coerce, attempt to coerce,
71	71	command, or advise a person to pay, lend, or contribute anything of
72	72	value to another person for political purposes.
73	73	SECTION 1.04. Section 467.031, Government Code, is amended
74	74	to read as follows:
75	75	Sec. 467.031. BINGO DIVISION [DIVISIONS]. The commission
76	76	shall establish a separate division [divisions] to oversee bingo
77	77	[and the state lottery].
78	78	SECTION 1.05. Section 467.035(a), Government Code, is
79	79	amended to read as follows:
80	80	(a) The commission may not employ or continue to employ a
81	81	person who owns a financial interest in [:
82	82	[(1)] a bingo commercial lessor, bingo distributor, or
83	83	bingo manufacturer[; or
84	84	[(2) a lottery sales agency or a lottery operator].
85	85	SECTION 1.06. Sections 467.101(a) and (c), Government Code,
86	86	are amended to read as follows:
87	87	(a) The commission has broad authority and shall exercise
88	88	strict control and close supervision over all activities authorized
89	89	and conducted in this state under[:
90	90	[(1)] Chapter 2001, Occupations Code[; and
91	91	[(2) Chapter 466 of this code].
92	92	(c) The commission also has the powers and duties granted
93	93	under[:
94	94	[(1)] Chapter 2001, Occupations Code[; and
95	95	[(2) Chapter 466 of this code].
96	96	SECTION 1.07. Section 467.108(a), Government Code, is
97	97	amended to read as follows:
98	98	(a) A former commission member, former executive director,
99	99	or former director may not[:
100	100	[(1) for compensation, represent a person that has
101	101	made or intends to make a bid to operate the lottery before the
102	102	commission before the second anniversary of the date that the
103	103	person's service in office or employment with the commission
104	104	ceases;
105	105	[(2)] represent any person or receive compensation for
106	106	services rendered on behalf of any person regarding a particular
107	107	matter in which the former officer or employee participated during
108	108	the period of service or employment with the commission, either
109	109	through personal involvement or because the matter was within the
110	110	scope of the officer's or employee's official responsibility[; or
111	111	[(3) for compensation communicate directly with a
112	112	member of the legislative branch to influence legislation on behalf
113	113	of a person that has a significant financial interest in the
114	114	lottery, before the second anniversary of the date that the
115	115	person's service in office or employment with the commission
116	116	ceases].
117	117	SECTION 1.08. Section 467.111(f), Government Code, is
118	118	amended to read as follows:
119	119	(f) The commission shall prepare a report on the trends and
120	120	issues identified under Subsection (e) and make the report
121	121	available to the public. The commission shall address the
122	122	identified trends and issues, including trends and issues related
123	123	to the regulation [of lottery operations under Chapter 466 and] of
124	124	bingo under Chapter 2001, Occupations Code.
125	125	SECTION 1.09. The following provisions of the Government
126	126	Code are repealed:
127	127	(1) Chapter 466;
128	128	(2) Section 467.001(9); and
129	129	(3) Sections 467.106 and 467.107.
130	130	SECTION 1.10. On January 1, 2016:
131	131	(1) the lottery division of the Texas Lottery
132	132	Commission is abolished and all powers and duties of the division
133	133	related to lottery prize payments, penalties, enforcement
134	134	provisions, and any necessary continued operations under Chapter
135	135	466, Government Code, as it existed immediately before the
136	136	effective date of this Act, and other law are transferred to the
137	137	Texas Lottery Commission;
138	138	(2) all obligations, rights, contracts, bonds,
139	139	appropriations, records, and property of the lottery division are
140	140	transferred to the commission;
141	141	(3) a rule, policy, procedure, or decision related to
142	142	lottery prize payments, penalties, enforcement provisions, and any
143	143	necessary continued operations of the lottery division continues in
144	144	effect until superseded by a later act of the commission; and
145	145	(4) a reference in law to the lottery division means
146	146	the commission.
147	147	SECTION 1.11. (a) Not later than October 1, 2015, the Texas
148	148	Lottery Commission shall adopt a comprehensive transition plan for
149	149	the transfer described by Section 1.10 of this article and identify
150	150	any essential lottery division personnel necessary for the
151	151	continued payment of lottery prizes and assessment and enforcement
152	152	of penalties.
153	153	(b) This section takes effect September 1, 2015.
154	154	SECTION 1.12. (a) Notwithstanding the repeal by this Act of
155	155	Chapter 466, Government Code, that chapter as it existed
156	156	immediately before the effective date of this Act continues in
157	157	effect for the payment of lottery prizes and the assessment and
158	158	enforcement of penalties until each lottery prize and installment
159	159	prize payment is made to the lottery prize winner entitled to the
160	160	payment and each penalty assessment is finally determined as
161	161	required by that chapter and rules adopted under that chapter as
162	162	they existed immediately before the effective date of this Act.
163	163	(b) On or after the effective date of this Act, a lottery
164	164	sales agent may not sell or offer to sell a lottery ticket for a
165	165	lottery game authorized under Chapter 466, Government Code, as
166	166	repealed by this Act.
167	167	SECTION 1.13. The changes in law made by this article apply
168	168	to an offense committed on or after the effective date of this Act.
169	169	An offense committed before that date is governed by the law as it
170	170	existed on the date the offense was committed, and the former law is
171	171	continued in effect for that purpose.
172	172	ARTICLE 2. CONFORMING AMENDMENTS
173	173	SECTION 2.01. Article 2.12, Code of Criminal Procedure, is
174	174	amended to read as follows:
175	175	Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
176	176	officers:
177	177	(1) sheriffs, their deputies, and those reserve
178	178	deputies who hold a permanent peace officer license issued under
179	179	Chapter 1701, Occupations Code;
180	180	(2) constables, deputy constables, and those reserve
181	181	deputy constables who hold a permanent peace officer license issued
182	182	under Chapter 1701, Occupations Code;
183	183	(3) marshals or police officers of an incorporated
184	184	city, town, or village, and those reserve municipal police officers
185	185	who hold a permanent peace officer license issued under Chapter
186	186	1701, Occupations Code;
187	187	(4) rangers and officers commissioned by the Public
188	188	Safety Commission and the Director of the Department of Public
189	189	Safety;
190	190	(5) investigators of the district attorneys', criminal
191	191	district attorneys', and county attorneys' offices;
192	192	(6) law enforcement agents of the Texas Alcoholic
193	193	Beverage Commission;
194	194	(7) each member of an arson investigating unit
195	195	commissioned by a city, a county, or the state;
196	196	(8) officers commissioned under Section 37.081,
197	197	Education Code, or Subchapter E, Chapter 51, Education Code;
198	198	(9) officers commissioned by the General Services
199	199	Commission;
200	200	(10) law enforcement officers commissioned by the
201	201	Parks and Wildlife Commission;
202	202	(11) airport police officers commissioned by a city
203	203	with a population of more than 1.18 million located primarily in a
204	204	county with a population of 2 million or more that operates an
205	205	airport that serves commercial air carriers;
206	206	(12) airport security personnel commissioned as peace
207	207	officers by the governing body of any political subdivision of this
208	208	state, other than a city described by Subdivision (11), that
209	209	operates an airport that serves commercial air carriers;
210	210	(13) municipal park and recreational patrolmen and
211	211	security officers;
212	212	(14) security officers and investigators commissioned
213	213	as peace officers by the comptroller;
214	214	(15) officers commissioned by a water control and
215	215	improvement district under Section 49.216, Water Code;
216	216	(16) officers commissioned by a board of trustees
217	217	under Chapter 54, Transportation Code;
218	218	(17) investigators commissioned by the Texas Medical
219	219	Board;
220	220	(18) officers commissioned by:
221	221	(A) the board of managers of the Dallas County
222	222	Hospital District, the Tarrant County Hospital District, the Bexar
223	223	County Hospital District, or the El Paso County Hospital District
224	224	under Section 281.057, Health and Safety Code;
225	225	(B) the board of directors of the Ector County
226	226	Hospital District under Section 1024.117, Special District Local
227	227	Laws Code; and
228	228	(C) the board of directors of the Midland County
229	229	Hospital District of Midland County, Texas, under Section 1061.121,
230	230	Special District Local Laws Code;
231	231	(19) county park rangers commissioned under
232	232	Subchapter E, Chapter 351, Local Government Code;
233	233	(20) investigators employed by the Texas Racing
234	234	Commission;
235	235	(21) officers commissioned under Chapter 554,
236	236	Occupations Code;
237	237	(22) officers commissioned by the governing body of a
238	238	metropolitan rapid transit authority under Section 451.108,
239	239	Transportation Code, or by a regional transportation authority
240	240	under Section 452.110, Transportation Code;
241	241	(23) investigators commissioned by the attorney
242	242	general under Section 402.009, Government Code;
243	243	(24) [security officers and investigators
244	244	commissioned as peace officers under Chapter 466, Government Code;
245	245	[(25)] an officer employed by the Department of State
246	246	Health Services under Section 431.2471, Health and Safety Code;
247	247	(25) [(26)] officers appointed by an appellate court
248	248	under Subchapter F, Chapter 53, Government Code;
249	249	(26) [(27)] officers commissioned by the state fire
250	250	marshal under Chapter 417, Government Code;
251	251	(27) [(28)] an investigator commissioned by the
252	252	commissioner of insurance under Section 701.104, Insurance Code;
253	253	(28) [(29)] apprehension specialists and inspectors
254	254	general commissioned by the Texas Juvenile Justice Department as
255	255	officers under Sections 242.102 and 243.052, Human Resources Code;
256	256	(29) [(30)] officers appointed by the inspector
257	257	general of the Texas Department of Criminal Justice under Section
258	258	493.019, Government Code;
259	259	(30) [(31)] investigators commissioned by the Texas
260	260	Commission on Law Enforcement under Section 1701.160, Occupations
261	261	Code;
262	262	(31) [(32)] commission investigators commissioned by
263	263	the Texas Private Security Board under Section 1702.061(f),
264	264	Occupations Code;
265	265	(32) [(33)] the fire marshal and any officers,
266	266	inspectors, or investigators commissioned by an emergency services
267	267	district under Chapter 775, Health and Safety Code;
268	268	(33) [(34)] officers commissioned by the State Board
269	269	of Dental Examiners under Section 254.013, Occupations Code,
270	270	subject to the limitations imposed by that section;
271	271	(34) [(35)] investigators commissioned by the Texas
272	272	Juvenile Justice Department as officers under Section 221.011,
273	273	Human Resources Code; and
274	274	(35) [(36)] the fire marshal and any related officers,
275	275	inspectors, or investigators commissioned by a county under
276	276	Subchapter B, Chapter 352, Local Government Code.
277	277	SECTION 2.02. Sections 411.108(a), (a-1), and (b),
278	278	Government Code, are amended to read as follows:
279	279	(a) [The Texas Lottery Commission is entitled to obtain from
280	280	the department criminal history record information maintained by
281	281	the department that relates to a person who, under Chapter 466, is:
282	282	[(1) a sales agent or an applicant for a sales agent
283	283	license;
284	284	[(2) a person required to be named in a license
285	285	application;
286	286	[(3) a lottery operator or prospective lottery
287	287	operator;
288	288	[(4) an employee of a lottery operator or prospective
289	289	lottery operator, if the employee is or will be directly involved in
290	290	lottery operations;
291	291	[(5) a person who manufactures or distributes lottery
292	292	equipment or supplies or a representative of a person who
293	293	manufactures or distributes lottery equipment or supplies offered
294	294	to the lottery;
295	295	[(6) a person who has submitted a written bid or
296	296	proposal to the commission in connection with the procurement of
297	297	goods or services by the commission, if the amount of the bid or
298	298	proposal exceeds $500;
299	299	[(7) an employee or other person who works for or will
300	300	work for a sales agent or an applicant for a sales agent license;
301	301	[(8) a person who proposes to enter into or who has a
302	302	contract with the commission to supply goods or services to the
303	303	commission;
304	304	[(9) if a person described in Subdivisions (1) through
305	305	(8) of this section is not an individual, an individual who:
306	306	[(A) is an officer or director of the person;
307	307	[(B) holds more than 10 percent of the stock in
308	308	the person;
309	309	[(C) holds an equitable interest greater than 10
310	310	percent in the person;
311	311	[(D) is a creditor of the person who holds more
312	312	than 10 percent of the person's outstanding debt;
313	313	[(E) is the owner or lessee of a business that the
314	314	person conducts or through which the person will conduct
315	315	lottery-related activities;
316	316	[(F) shares or will share in the profits, other
317	317	than stock dividends, of the person;
318	318	[(G) participates in managing the affairs of the
319	319	person; or
320	320	[(H) is an employee of the person who is or will
321	321	be involved in:
322	322	[(i) selling tickets; or
323	323	[(ii) handling money from the sale of
324	324	tickets;
325	325	[(10) the executive director or a prospective
326	326	executive director of the commission;
327	327	[(11) an employee or prospective employee of the
328	328	commission; or
329	329	[(12) a sales agent whose license is renewed under
330	330	Section 466.158.
331	331	[(a-1)] The Texas Lottery Commission is entitled to obtain
332	332	from the department criminal history record information maintained
333	333	by the department that relates to a person licensed under Chapter
334	334	2001, Occupations Code, or described by Section 2001.3025,
335	335	Occupations Code.
336	336	(b) Criminal history record information obtained by the
337	337	commission under Subsection (a) [or (a-1)] may not be released or
338	338	disclosed to any person except on court order or as provided by
339	339	Subsection (c).
340	340	SECTION 2.03. Section 434.017(a), Government Code, is
341	341	amended to read as follows:
342	342	(a) The fund for veterans' assistance is a special fund in
343	343	the state treasury outside the general revenue fund. The fund is
344	344	composed of:
345	345	(1) money transferred to the fund at the direction of
346	346	the legislature;
347	347	(2) gifts and grants contributed to the fund;
348	348	(3) the earnings of the fund;
349	349	(4) [money transferred to the fund from proceeds of
350	350	the lottery game operated under Section 466.027 or transferred to
351	351	the fund under Section 466.408(b);
352	352	[(5)] money deposited to the credit of the fund under
353	353	Section 502.1746, Transportation Code; and
354	354	(5) [(6)] money deposited to the credit of the fund
355	355	under Section 521.008, Transportation Code.
356	356	SECTION 2.04. Section 572.003(b), Government Code, is
357	357	amended to read as follows:
358	358	(b) The term means:
359	359	(1) the Banking Commissioner of The Banking Department
360	360	of Texas;
361	361	(2) the administrative director of the Office of Court
362	362	Administration of the Texas Judicial System;
363	363	(3) the chief executive of the Office of Public
364	364	Utility Counsel;
365	365	(4) the executive director of the State Bar of Texas;
366	366	(5) [the director of the lottery division of the Texas
367	367	Lottery Commission;
368	368	[(6) the deputy in charge of the department of
369	369	security in the lottery division of the Texas Lottery Commission;
370	370	[(7)] the director of the bingo division of the Texas
371	371	Lottery Commission; or
372	372	(6) [(8)] the secretary of state.
373	373	SECTION 2.05. Section 2113.102(a), Government Code, is
374	374	amended to read as follows:
375	375	(a) A state agency may not use appropriated money to
376	376	contract with a person to audit the financial records or accounts of
377	377	the agency except as provided by:
378	378	(1) Subsections (b), (c), and (d); and
379	379	(2) [Chapter 466, pertaining to the state lottery;
380	380	[(3)] Chapter 2306, pertaining to the Texas Department
381	381	of Housing and Community Affairs[; and
382	382	[(4) Chapter 361, Transportation Code, pertaining to
383	383	the Texas Turnpike Authority division of the Texas Department of
384	384	Transportation].
385	385	SECTION 2.06. Section 47.02(c), Penal Code, is amended to
386	386	read as follows:
387	387	(c) It is a defense to prosecution under this section that
388	388	the actor reasonably believed that the conduct:
389	389	(1) was permitted under Chapter 2001, Occupations
390	390	Code;
391	391	(2) was permitted under Chapter 2002, Occupations
392	392	Code;
393	393	(3) [consisted entirely of participation in the state
394	394	lottery authorized by the State Lottery Act (Chapter 466,
395	395	Government Code);
396	396	[(4)] was permitted under the Texas Racing Act
397	397	(Article 179e, Vernon's Texas Civil Statutes); or
398	398	(4) [(5)] consisted entirely of participation in a
399	399	drawing for the opportunity to participate in a hunting, fishing,
400	400	or other recreational event conducted by the Parks and Wildlife
401	401	Department.
402	402	SECTION 2.07. Section 47.09(a), Penal Code, is amended to
403	403	read as follows:
404	404	(a) It is a defense to prosecution under this chapter that
405	405	the conduct[:
406	406	[(1)] was authorized under:
407	407	(1) [(A)] Chapter 2001, Occupations Code;
408	408	(2) [(B)] Chapter 2002, Occupations Code; or
409	409	(3) [(C)] the Texas Racing Act (Article 179e, Vernon's
410	410	Texas Civil Statutes)[;
411	411	[(2) consisted entirely of participation in the state
412	412	lottery authorized by Chapter 466, Government Code; or
413	413	[(3) was a necessary incident to the operation of the
414	414	state lottery and was directly or indirectly authorized by:
415	415	[(A) Chapter 466, Government Code;
416	416	[(B) the lottery division of the Texas Lottery
417	417	Commission;
418	418	[(C) the Texas Lottery Commission; or
419	419	[(D) the director of the lottery division of the
420	420	Texas Lottery Commission].
421	421	SECTION 2.08. The following provisions are repealed:
422	422	(1) Section 9.406(k), Business & Commerce Code;
423	423	(2) Section 232.0021, Family Code;
424	424	(3) Section 467.030(b), Government Code;
425	425	(4) Section 2054.007, Government Code; and
426	426	(5) Section 2002.056(c), Occupations Code.
427	427	SECTION 2.09. The changes in law made by this article apply
428	428	to an offense committed on or after the effective date of this Act.
429	429	An offense committed before that date is governed by the law as it
430	430	existed on the date the offense was committed, and the former law is
431	431	continued in effect for that purpose.
432	432	ARTICLE 3. CONFLICT OF LAW; EFFECTIVE DATE
433	433	SECTION 3.01. To the extent of any conflict, this Act
434	434	prevails over another Act of the 84th Legislature, Regular Session,
435	435	2015, relating to nonsubstantive additions to and corrections in
436	436	enacted codes.
437	437	SECTION 3.02. Except as otherwise provided by this Act,
438	438	this Act takes effect January 1, 2016, but only if the
439	439	constitutional amendment proposed by the 84th Legislature, Regular
440	440	Session, 2015, abolishing the state lottery is approved by the
441	441	voters. If that amendment is not approved by the voters, this Act
442	442	has no effect.