| 1 | 1 | | By: Seliger S.B. No. 888 |
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| 2 | 2 | | (In the Senate - Filed February 14, 2017; February 28, 2017, |
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| 3 | 3 | | read first time and referred to Committee on Business & Commerce; |
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| 4 | 4 | | April 24, 2017, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 8, Nays 0; April 24, 2017, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 888 By: Creighton |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the sale of lottery tickets by certain wine and beer |
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| 14 | 14 | | retailers. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 466.155(a), Government Code, is amended |
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| 17 | 17 | | to read as follows: |
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| 18 | 18 | | (a) After a hearing, the director shall deny an application |
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| 19 | 19 | | for a license or the commission shall suspend or revoke a license if |
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| 20 | 20 | | the director or commission, as applicable, finds that the applicant |
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| 21 | 21 | | or sales agent: |
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| 22 | 22 | | (1) is an individual who: |
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| 23 | 23 | | (A) has been convicted of a felony, criminal |
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| 24 | 24 | | fraud, gambling or a gambling-related offense, or a misdemeanor |
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| 25 | 25 | | involving moral turpitude, if less than 10 years has elapsed since |
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| 26 | 26 | | the termination of the sentence, parole, mandatory supervision, or |
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| 27 | 27 | | probation served for the offense; |
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| 28 | 28 | | (B) is or has been a professional gambler; |
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| 29 | 29 | | (C) is married to an individual: |
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| 30 | 30 | | (i) described in Paragraph (A) or (B); or |
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| 31 | 31 | | (ii) who is currently delinquent in the |
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| 32 | 32 | | payment of any state tax; |
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| 33 | 33 | | (D) is an officer or employee of the commission |
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| 34 | 34 | | or a lottery operator; or |
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| 35 | 35 | | (E) is a spouse, child, brother, sister, or |
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| 36 | 36 | | parent residing as a member of the same household in the principal |
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| 37 | 37 | | place of residence of a person described by Paragraph (D); |
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| 38 | 38 | | (2) is not an individual, and an individual described |
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| 39 | 39 | | in Subdivision (1): |
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| 40 | 40 | | (A) is an officer or director of the applicant or |
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| 41 | 41 | | sales agent; |
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| 42 | 42 | | (B) holds more than 10 percent of the stock in the |
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| 43 | 43 | | applicant or sales agent; |
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| 44 | 44 | | (C) holds an equitable interest greater than 10 |
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| 45 | 45 | | percent in the applicant or sales agent; |
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| 46 | 46 | | (D) is a creditor of the applicant or sales agent |
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| 47 | 47 | | who holds more than 10 percent of the applicant's or sales agent's |
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| 48 | 48 | | outstanding debt; |
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| 49 | 49 | | (E) is the owner or lessee of a business that the |
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| 50 | 50 | | applicant or sales agent conducts or through which the applicant |
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| 51 | 51 | | will conduct a ticket sales agency; |
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| 52 | 52 | | (F) shares or will share in the profits, other |
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| 53 | 53 | | than stock dividends, of the applicant or sales agent; or |
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| 54 | 54 | | (G) participates in managing the affairs of the |
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| 55 | 55 | | applicant or sales agent; |
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| 56 | 56 | | (3) has been finally determined to be: |
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| 57 | 57 | | (A) delinquent in the payment of a tax or other |
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| 58 | 58 | | money collected by the comptroller, the Texas Workforce Commission, |
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| 59 | 59 | | or the Texas Alcoholic Beverage Commission; |
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| 60 | 60 | | (B) in default on a loan made under Chapter 52, |
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| 61 | 61 | | Education Code; or |
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| 62 | 62 | | (C) in default on a loan guaranteed under Chapter |
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| 63 | 63 | | 57, Education Code; |
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| 64 | 64 | | (4) is a person whose location for the sales agency is: |
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| 65 | 65 | | (A) a location licensed for games of bingo under |
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| 66 | 66 | | Chapter 2001, Occupations Code; |
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| 67 | 67 | | (B) on land that is owned by: |
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| 68 | 68 | | (i) this state; or |
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| 69 | 69 | | (ii) a political subdivision of this state |
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| 70 | 70 | | and on which is located a public primary or secondary school, an |
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| 71 | 71 | | institution of higher education, or an agency of the state; or |
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| 72 | 72 | | (C) a location for which a person holds a wine and |
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| 73 | 73 | | beer retailer's permit, mixed beverage permit, mixed beverage late |
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| 74 | 74 | | hours permit, private club registration permit, or private club |
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| 75 | 75 | | late hours permit issued under Chapter 25, 28, 29, 32, or 33, |
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| 76 | 76 | | Alcoholic Beverage Code, other than a location for which a person |
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| 77 | 77 | | holds a wine and beer retailer's permit issued under Chapter 25, |
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| 78 | 78 | | Alcoholic Beverage Code, that derives less than 30 percent of the |
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| 79 | 79 | | location's gross receipts from the sale or service of alcoholic |
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| 80 | 80 | | beverages; or |
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| 81 | 81 | | (5) has violated this chapter or a rule adopted under |
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| 82 | 82 | | this chapter. |
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| 83 | 83 | | SECTION 2. This Act takes effect immediately if it receives |
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| 84 | 84 | | a vote of two-thirds of all the members elected to each house, as |
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| 85 | 85 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 86 | 86 | | Act does not receive the vote necessary for immediate effect, this |
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| 87 | 87 | | Act takes effect September 1, 2017. |
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| 88 | 88 | | * * * * * |
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