Texas 2017 - 85th Regular

Texas House Bill HB1555 Compare Versions

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1-By: Kuempel (Senate Sponsor - Seliger) H.B. No. 1555
2- (In the Senate - Received from the House April 24, 2017;
3- May 3, 2017, read first time and referred to Committee on Business &
4- Commerce; May 10, 2017, reported favorably by the following vote:
5- Yeas 7, Nays 0; May 10, 2017, sent to printer.)
6-Click here to see the committee vote
1+H.B. No. 1555
72
83
9- A BILL TO BE ENTITLED
104 AN ACT
115 relating to the sale of lottery tickets by certain wine and beer
126 retailers.
137 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
148 SECTION 1. Section 466.155(a), Government Code, is amended
159 to read as follows:
1610 (a) After a hearing, the director shall deny an application
1711 for a license or the commission shall suspend or revoke a license if
1812 the director or commission, as applicable, finds that the applicant
1913 or sales agent:
2014 (1) is an individual who:
2115 (A) has been convicted of a felony, criminal
2216 fraud, gambling or a gambling-related offense, or a misdemeanor
2317 involving moral turpitude, if less than 10 years has elapsed since
2418 the termination of the sentence, parole, mandatory supervision, or
2519 probation served for the offense;
2620 (B) is or has been a professional gambler;
2721 (C) is married to an individual:
2822 (i) described in Paragraph (A) or (B); or
2923 (ii) who is currently delinquent in the
3024 payment of any state tax;
3125 (D) is an officer or employee of the commission
3226 or a lottery operator; or
3327 (E) is a spouse, child, brother, sister, or
3428 parent residing as a member of the same household in the principal
3529 place of residence of a person described by Paragraph (D);
3630 (2) is not an individual, and an individual described
3731 in Subdivision (1):
3832 (A) is an officer or director of the applicant or
3933 sales agent;
4034 (B) holds more than 10 percent of the stock in the
4135 applicant or sales agent;
4236 (C) holds an equitable interest greater than 10
4337 percent in the applicant or sales agent;
4438 (D) is a creditor of the applicant or sales agent
4539 who holds more than 10 percent of the applicant's or sales agent's
4640 outstanding debt;
4741 (E) is the owner or lessee of a business that the
4842 applicant or sales agent conducts or through which the applicant
4943 will conduct a ticket sales agency;
5044 (F) shares or will share in the profits, other
5145 than stock dividends, of the applicant or sales agent; or
5246 (G) participates in managing the affairs of the
5347 applicant or sales agent;
5448 (3) has been finally determined to be:
5549 (A) delinquent in the payment of a tax or other
5650 money collected by the comptroller, the Texas Workforce Commission,
5751 or the Texas Alcoholic Beverage Commission;
5852 (B) in default on a loan made under Chapter 52,
5953 Education Code; or
6054 (C) in default on a loan guaranteed under Chapter
6155 57, Education Code;
6256 (4) is a person whose location for the sales agency is:
6357 (A) a location licensed for games of bingo under
6458 Chapter 2001, Occupations Code;
6559 (B) on land that is owned by:
6660 (i) this state; or
6761 (ii) a political subdivision of this state
6862 and on which is located a public primary or secondary school, an
6963 institution of higher education, or an agency of the state; or
7064 (C) a location for which a person holds a wine and
7165 beer retailer's permit, mixed beverage permit, mixed beverage late
7266 hours permit, private club registration permit, or private club
7367 late hours permit issued under Chapter 25, 28, 29, 32, or 33,
7468 Alcoholic Beverage Code, other than a location for which a person
7569 holds a wine and beer retailer's permit issued under Chapter 25,
7670 Alcoholic Beverage Code, that derives less than 30 percent of the
7771 location's gross receipts from the sale or service of alcoholic
7872 beverages; or
7973 (5) has violated this chapter or a rule adopted under
8074 this chapter.
8175 SECTION 2. This Act takes effect immediately if it receives
8276 a vote of two-thirds of all the members elected to each house, as
8377 provided by Section 39, Article III, Texas Constitution. If this
8478 Act does not receive the vote necessary for immediate effect, this
8579 Act takes effect September 1, 2017.
86- * * * * *
80+ ______________________________ ______________________________
81+ President of the Senate Speaker of the House
82+ I certify that H.B. No. 1555 was passed by the House on April
83+ 20, 2017, by the following vote: Yeas 105, Nays 36, 1 present, not
84+ voting.
85+ ______________________________
86+ Chief Clerk of the House
87+ I certify that H.B. No. 1555 was passed by the Senate on May
88+ 12, 2017, by the following vote: Yeas 29, Nays 2.
89+ ______________________________
90+ Secretary of the Senate
91+ APPROVED: _____________________
92+ Date
93+ _____________________
94+ Governor