89R4161 BEE-D By: Shaheen H.B. No. 389 A BILL TO BE ENTITLED AN ACT relating to a lottery game played or facilitated for play by telephone or through an Internet or mobile Internet application; creating criminal offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 466.015(b), Government Code, is amended to read as follows: (b) The commission shall adopt rules to the extent they are not inconsistent with Chapters 551 and 552 governing the: (1) security for the lottery and the commission, including the development of an internal security plan; (2) apportionment of the total revenues from the sale of tickets and from all other sources in the amounts provided by this chapter; (3) enforcement of prohibitions on the sale of tickets to or by an individual younger than 18 years of age; and (4) enforcement of prohibitions on a person playing or facilitating the play of a lottery game by telephone or through an Internet application or mobile Internet application in violation of Section 466.318. SECTION 2. Subchapter G, Chapter 466, Government Code, is amended by adding Section 466.318 to read as follows: Sec. 466.318. PLAY OR FACILITATING PLAY BY TELEPHONE OR BY INTERNET OR MOBILE INTERNET APPLICATION. (a) A person may not by telephone or through an Internet application or mobile Internet application: (1) purchase or order the purchase of a ticket for a lottery game; or (2) for compensation: (A) accept an order for a ticket for a lottery game from a player; (B) sell a ticket for a lottery game to a player; or (C) arrange: (i) to purchase a ticket on behalf of a person playing a lottery game; or (ii) for another person to purchase a ticket on behalf of a person playing a lottery game. (b) A person commits an offense if the person violates this section. (c) An offense under Subsection (a)(1) is a Class C misdemeanor. (d) An offense under Subsection (a)(2) is a Class A misdemeanor. SECTION 3. This Act takes effect September 1, 2025.