By: Guillen, et al. (Senate Sponsor - Zaffirini) H.B. No. 59
(In the Senate - Received from the House April 26, 2017;
May 4, 2017, read first time and referred to Committee on State
Affairs; May 19, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 19, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain lottery prize winners' choice to remain
anonymous.
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 personally identifiable information of
certain lottery prize winners under Section 466.411.
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) except as otherwise authorized by Section 466.411,
all personally identifiable information of a natural person who is:
(A) a lottery prize winner and who has chosen to
remain anonymous under Section 466.411; or
(B) an owner of a beneficial interest in a legal
entity that is a lottery prize winner and who has chosen to remain
anonymous under Section 466.411.
SECTION 3. Subchapter I, Chapter 466, Government Code, is
amended by adding Section 466.411 to read as follows:
Sec. 466.411. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN
ANONYMOUS. (a) Subject to Subsection (b), a natural person who is
a prize winner of a lottery prize in an amount equal to $1 million or
more, or who is an owner of a beneficial interest in a legal entity
that is a prize winner of a lottery prize in an amount equal to $1
million or more, may on the date the winner claims the prize choose
to remain anonymous and prohibit all personally identifiable
information from being released to the public.
(b) The commission may release or disclose the personally
identifiable information of a natural person who is a lottery prize
winner if the person chooses to have the prize paid in periodic
installments. The commission may only disclose the information on
or after the 30th day after the date the person claims the lottery
prize if the person chooses to remain anonymous under Subsection
(a).
(c) For purposes of this section, the amount of a lottery
prize is the total amount of prize money paid to a prize winner for a
single lottery prize claim, whether paid in one payment or in
periodic installments, before deducting any federal tax
withholdings or other deductions required by law.
(d) This section does not prohibit release of a natural
person prize winner's city or county of residence or prevent the
commission from releasing the person's personally identifiable
information to the Health and Human Services Commission or as
necessary to comply with Section 466.407 or 466.4075.
SECTION 4. (a) Not later than December 1, 2017, the Texas
Lottery Commission shall adopt the rules and procedures necessary
to implement the changes in law made by this Act to Chapter 466,
Government Code.
(b) Section 466.411, Government Code, as added by this Act,
applies only to an initial claim for a lottery prize in an amount
equal to $1 million or more that is submitted to the Texas Lottery
Commission on or after January 1, 2018.
SECTION 5. This Act takes effect September 1, 2017.
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