10 | 4 | | AN ACT |
---|
11 | 5 | | relating to the sale of lottery tickets by certain wine and beer |
---|
12 | 6 | | retailers. |
---|
13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
14 | 8 | | SECTION 1. Section 466.155(a), Government Code, is amended |
---|
15 | 9 | | to read as follows: |
---|
16 | 10 | | (a) After a hearing, the director shall deny an application |
---|
17 | 11 | | for a license or the commission shall suspend or revoke a license if |
---|
18 | 12 | | the director or commission, as applicable, finds that the applicant |
---|
19 | 13 | | or sales agent: |
---|
20 | 14 | | (1) is an individual who: |
---|
21 | 15 | | (A) has been convicted of a felony, criminal |
---|
22 | 16 | | fraud, gambling or a gambling-related offense, or a misdemeanor |
---|
23 | 17 | | involving moral turpitude, if less than 10 years has elapsed since |
---|
24 | 18 | | the termination of the sentence, parole, mandatory supervision, or |
---|
25 | 19 | | probation served for the offense; |
---|
26 | 20 | | (B) is or has been a professional gambler; |
---|
27 | 21 | | (C) is married to an individual: |
---|
28 | 22 | | (i) described in Paragraph (A) or (B); or |
---|
29 | 23 | | (ii) who is currently delinquent in the |
---|
30 | 24 | | payment of any state tax; |
---|
31 | 25 | | (D) is an officer or employee of the commission |
---|
32 | 26 | | or a lottery operator; or |
---|
33 | 27 | | (E) is a spouse, child, brother, sister, or |
---|
34 | 28 | | parent residing as a member of the same household in the principal |
---|
35 | 29 | | place of residence of a person described by Paragraph (D); |
---|
36 | 30 | | (2) is not an individual, and an individual described |
---|
37 | 31 | | in Subdivision (1): |
---|
38 | 32 | | (A) is an officer or director of the applicant or |
---|
39 | 33 | | sales agent; |
---|
40 | 34 | | (B) holds more than 10 percent of the stock in the |
---|
41 | 35 | | applicant or sales agent; |
---|
42 | 36 | | (C) holds an equitable interest greater than 10 |
---|
43 | 37 | | percent in the applicant or sales agent; |
---|
44 | 38 | | (D) is a creditor of the applicant or sales agent |
---|
45 | 39 | | who holds more than 10 percent of the applicant's or sales agent's |
---|
46 | 40 | | outstanding debt; |
---|
47 | 41 | | (E) is the owner or lessee of a business that the |
---|
48 | 42 | | applicant or sales agent conducts or through which the applicant |
---|
49 | 43 | | will conduct a ticket sales agency; |
---|
50 | 44 | | (F) shares or will share in the profits, other |
---|
51 | 45 | | than stock dividends, of the applicant or sales agent; or |
---|
52 | 46 | | (G) participates in managing the affairs of the |
---|
53 | 47 | | applicant or sales agent; |
---|
54 | 48 | | (3) has been finally determined to be: |
---|
55 | 49 | | (A) delinquent in the payment of a tax or other |
---|
56 | 50 | | money collected by the comptroller, the Texas Workforce Commission, |
---|
57 | 51 | | or the Texas Alcoholic Beverage Commission; |
---|
58 | 52 | | (B) in default on a loan made under Chapter 52, |
---|
59 | 53 | | Education Code; or |
---|
60 | 54 | | (C) in default on a loan guaranteed under Chapter |
---|
61 | 55 | | 57, Education Code; |
---|
62 | 56 | | (4) is a person whose location for the sales agency is: |
---|
63 | 57 | | (A) a location licensed for games of bingo under |
---|
64 | 58 | | Chapter 2001, Occupations Code; |
---|
65 | 59 | | (B) on land that is owned by: |
---|
66 | 60 | | (i) this state; or |
---|
67 | 61 | | (ii) a political subdivision of this state |
---|
68 | 62 | | and on which is located a public primary or secondary school, an |
---|
69 | 63 | | institution of higher education, or an agency of the state; or |
---|
70 | 64 | | (C) a location for which a person holds a wine and |
---|
71 | 65 | | beer retailer's permit, mixed beverage permit, mixed beverage late |
---|
72 | 66 | | hours permit, private club registration permit, or private club |
---|
73 | 67 | | late hours permit issued under Chapter 25, 28, 29, 32, or 33, |
---|
74 | 68 | | Alcoholic Beverage Code, other than a location for which a person |
---|
75 | 69 | | holds a wine and beer retailer's permit issued under Chapter 25, |
---|
76 | 70 | | Alcoholic Beverage Code, that derives less than 30 percent of the |
---|
77 | 71 | | location's gross receipts from the sale or service of alcoholic |
---|
78 | 72 | | beverages; or |
---|
79 | 73 | | (5) has violated this chapter or a rule adopted under |
---|
80 | 74 | | this chapter. |
---|
81 | 75 | | SECTION 2. This Act takes effect immediately if it receives |
---|
82 | 76 | | a vote of two-thirds of all the members elected to each house, as |
---|
83 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
84 | 78 | | Act does not receive the vote necessary for immediate effect, this |
---|
85 | 79 | | Act takes effect September 1, 2017. |
---|