| 1 | 1 | | 89R4161 BEE-D |
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| 2 | 2 | | By: Shaheen H.B. No. 389 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a lottery game played or facilitated for play by |
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| 10 | 10 | | telephone or through an Internet or mobile Internet application; |
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| 11 | 11 | | creating criminal offenses. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 466.015(b), Government Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (b) The commission shall adopt rules to the extent they are |
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| 16 | 16 | | not inconsistent with Chapters 551 and 552 governing the: |
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| 17 | 17 | | (1) security for the lottery and the commission, |
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| 18 | 18 | | including the development of an internal security plan; |
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| 19 | 19 | | (2) apportionment of the total revenues from the sale |
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| 20 | 20 | | of tickets and from all other sources in the amounts provided by |
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| 21 | 21 | | this chapter; |
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| 22 | 22 | | (3) enforcement of prohibitions on the sale of tickets |
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| 23 | 23 | | to or by an individual younger than 18 years of age; and |
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| 24 | 24 | | (4) enforcement of prohibitions on a person playing or |
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| 25 | 25 | | facilitating the play of a lottery game by telephone or through an |
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| 26 | 26 | | Internet application or mobile Internet application in violation of |
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| 27 | 27 | | Section 466.318. |
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| 28 | 28 | | SECTION 2. Subchapter G, Chapter 466, Government Code, is |
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| 29 | 29 | | amended by adding Section 466.318 to read as follows: |
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| 30 | 30 | | Sec. 466.318. PLAY OR FACILITATING PLAY BY TELEPHONE OR BY |
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| 31 | 31 | | INTERNET OR MOBILE INTERNET APPLICATION. (a) A person may not by |
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| 32 | 32 | | telephone or through an Internet application or mobile Internet |
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| 33 | 33 | | application: |
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| 34 | 34 | | (1) purchase or order the purchase of a ticket for a |
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| 35 | 35 | | lottery game; or |
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| 36 | 36 | | (2) for compensation: |
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| 37 | 37 | | (A) accept an order for a ticket for a lottery |
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| 38 | 38 | | game from a player; |
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| 39 | 39 | | (B) sell a ticket for a lottery game to a player; |
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| 40 | 40 | | or |
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| 41 | 41 | | (C) arrange: |
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| 42 | 42 | | (i) to purchase a ticket on behalf of a |
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| 43 | 43 | | person playing a lottery game; or |
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| 44 | 44 | | (ii) for another person to purchase a |
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| 45 | 45 | | ticket on behalf of a person playing a lottery game. |
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| 46 | 46 | | (b) A person commits an offense if the person violates this |
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| 47 | 47 | | section. |
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| 48 | 48 | | (c) An offense under Subsection (a)(1) is a Class C |
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| 49 | 49 | | misdemeanor. |
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| 50 | 50 | | (d) An offense under Subsection (a)(2) is a Class A |
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| 51 | 51 | | misdemeanor. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2025. |
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