13 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 15 | | SECTION 1. Section 411.093(a), Government Code, is amended |
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15 | 16 | | to read as follows: |
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16 | 17 | | (a) The Texas Department of Licensing and Regulation is |
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17 | 18 | | entitled to obtain criminal history record information as provided |
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18 | 19 | | by Subsection (b) that relates to: |
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19 | 20 | | (1) an applicant for or the holder of: |
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20 | 21 | | (A) a driver education instructor license under |
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21 | 22 | | Chapter 1001, Education Code; |
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22 | 23 | | (B) a license under Chapter 466; |
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23 | 24 | | (C) a license under Chapter 202, Occupations |
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24 | 25 | | Code; |
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25 | 26 | | (D) [(C)] a license under Chapter 401, |
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26 | 27 | | Occupations Code; |
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27 | 28 | | (E) [(D)] a license under Chapter 402, |
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28 | 29 | | Occupations Code; [or] |
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29 | 30 | | (F) a license under Chapter 2001, Occupations |
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30 | 31 | | Code; or |
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31 | 32 | | (G) [(E)] an instructor license or motorcycle |
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32 | 33 | | school license under Chapter 662, Transportation Code; |
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33 | 34 | | (2) a person who is: |
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34 | 35 | | (A) an applicant for or the holder of a license |
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35 | 36 | | under Chapter 91, Labor Code; or |
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36 | 37 | | (B) a controlling person, as defined by Chapter |
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37 | 38 | | 91, Labor Code, of an entity described by Paragraph (A); or |
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38 | 39 | | (3) a person who: |
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39 | 40 | | (A) is an applicant for or the holder of a license |
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40 | 41 | | under Chapter 455, Occupations Code; or |
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41 | 42 | | (B) has an interest described under Section |
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42 | 43 | | 455.1525(e), Occupations Code, in an entity described by Paragraph |
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43 | 44 | | (A). |
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44 | 45 | | SECTION 2. Section 411.467(d), Government Code, is amended |
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45 | 46 | | to read as follows: |
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46 | 47 | | (d) The department shall also send the alert to: |
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47 | 48 | | (1) any appropriate law enforcement agency; |
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48 | 49 | | (2) the Texas Department of Transportation; |
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49 | 50 | | (3) the Texas Department of Licensing and Regulation |
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50 | 51 | | [Lottery Commission]; and |
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51 | 52 | | (4) the Independent Bankers Association of Texas. |
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52 | 53 | | SECTION 3. Sections 466.002(1), (3), and (4), Government |
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53 | 54 | | Code, are amended to read as follows: |
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54 | 55 | | (1) "Commission" means the Texas [Lottery] Commission |
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55 | 56 | | of Licensing and Regulation. |
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56 | 57 | | (3) "Department" or "division [Division]" means the |
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57 | 58 | | Texas Department of Licensing and Regulation [lottery division |
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58 | 59 | | established by the commission under Chapter 467]. |
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59 | 60 | | (4) "Director" or "executive [Executive] director" |
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60 | 61 | | means the executive director of the department [commission]. |
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61 | 62 | | SECTION 4. Subchapter A, Chapter 466, Government Code, is |
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62 | 63 | | amended by adding Section 466.005 to read as follows: |
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63 | 64 | | Sec. 466.005. LIMITED-SCOPE SUNSET REVIEW OF STATE LOTTERY. |
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64 | 65 | | The Sunset Advisory Commission shall conduct a limited-scope review |
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65 | 66 | | of the state lottery during the state fiscal biennium ending August |
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66 | 67 | | 31, 2027, in the manner provided by Chapter 325 (Texas Sunset Act). |
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67 | 68 | | The review must provide an evaluation and recommendations regarding |
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68 | 69 | | the continuation of the state lottery. Unless continued in |
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69 | 70 | | existence, the state lottery is abolished and this chapter expires |
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70 | 71 | | September 1, 2027. |
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71 | 72 | | SECTION 5. The heading to Section 466.014, Government Code, |
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72 | 73 | | is amended to read as follows: |
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73 | 74 | | Sec. 466.014. POWERS AND DUTIES OF DEPARTMENT [COMMISSION] |
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74 | 75 | | AND EXECUTIVE DIRECTOR. |
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75 | 76 | | SECTION 6. Sections 466.014(a) and (d), Government Code, |
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76 | 77 | | are amended to read as follows: |
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77 | 78 | | (a) The department [commission] and executive director have |
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78 | 79 | | broad authority and shall exercise strict control and close |
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79 | 80 | | supervision over all lottery games conducted in this state to |
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80 | 81 | | promote and ensure integrity, security, honesty, and fairness in |
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81 | 82 | | the operation and administration of the lottery. |
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82 | 83 | | (d) A contract between the department [division] and a |
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83 | 84 | | lottery operator under Subsection (b) must contain a provision |
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84 | 85 | | allowing the contract to be terminated without penalty if the |
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85 | 86 | | department [division] is abolished. |
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102 | | - | (d) The commission may not adopt a rule under this section |
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103 | | - | that is inconsistent with any provision of state law. |
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104 | | - | SECTION 8. Subchapter B, Chapter 466, Government Code, is |
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105 | | - | amended by adding Sections 466.0171 and 466.0185 to read as |
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106 | | - | follows: |
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107 | | - | Sec. 466.0171. ANNUAL AUDIT. (a) The state auditor shall |
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108 | | - | annually conduct a comprehensive audit of the department's state |
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109 | | - | lottery program, including any department action taken relating to |
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110 | | - | the program. |
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111 | | - | (b) Each audit required by Subsection (a) must specifically |
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112 | | - | identify any lottery program action or activity that varies from a |
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113 | | - | lottery program action or activity identified in a preceding audit |
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114 | | - | conducted by the state auditor. |
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115 | | - | Sec. 466.0185. AUTHORIZED INSPECTION OF SALES AGENTS BY |
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116 | | - | CERTAIN STATE OFFICIALS. The governor, lieutenant governor, |
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117 | | - | speaker of the house of representatives, and attorney general are |
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118 | | - | department approved inspectors and are entitled to inspect the |
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119 | | - | operations of any lottery operator or sales agent. |
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120 | | - | SECTION 9. Section 466.018, Government Code, is amended to |
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| 102 | + | SECTION 8. Section 466.018, Government Code, is amended to |
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166 | 148 | | read as follows: |
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167 | 149 | | Sec. 466.022. CONFIDENTIAL INFORMATION. (a) Except as |
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168 | 150 | | otherwise provided by law, all department [commission] records are |
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169 | 151 | | subject to public inspection in accordance with Chapter 552. |
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170 | 152 | | (b) In addition to department [commission] records excepted |
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171 | 153 | | from disclosure under Chapter 552, the following information is |
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172 | 154 | | confidential and is exempt from disclosure: |
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173 | 155 | | (1) security plans and procedures of the department |
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174 | 156 | | [commission] designed to ensure the integrity and security of the |
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175 | 157 | | operation of the lottery; |
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176 | 158 | | (2) information of a nature that is designed to ensure |
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177 | 159 | | the integrity and security of the selection of winning tickets or |
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178 | 160 | | numbers in the lottery, other than information describing the |
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179 | 161 | | general procedures for selecting winning tickets or numbers; |
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180 | 162 | | (3) the street address and telephone number of a prize |
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181 | 163 | | winner, if the prize winner has not consented to the release of the |
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182 | 164 | | information; and |
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183 | 165 | | (4) except as otherwise authorized by Section 466.411, |
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184 | 166 | | all personally identifiable information of a natural person who is: |
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185 | 167 | | (A) a lottery prize winner and who has chosen to |
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186 | 168 | | remain anonymous under Section 466.411; or |
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187 | 169 | | (B) an owner of a beneficial interest in a legal |
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188 | 170 | | entity that is a lottery prize winner and who has chosen to remain |
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189 | 171 | | anonymous under Section 466.411. |
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205 | 187 | | Government Code, are amended to read as follows: |
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206 | 188 | | (a) The department [commission] shall operate an |
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207 | 189 | | instant-ticket lottery game to benefit the fund for veterans' |
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208 | 190 | | assistance established by Section 434.017. |
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209 | 191 | | (b) The department [commission] shall: |
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210 | 192 | | (1) determine the ticket price, payout amounts, and |
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211 | 193 | | manner in which the game is conducted; |
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212 | 194 | | (2) make tickets to the game available for sale |
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213 | 195 | | continuously to the extent practicable; and |
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214 | 196 | | (3) change the design or theme of the game regularly to |
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215 | 197 | | ensure that the game remains competitive with other instant-ticket |
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216 | 198 | | lottery games offered by the department [commission]. |
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217 | 199 | | (c) The department [commission] shall market and advertise |
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218 | 200 | | the lottery game operated under this section in a manner intended to |
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219 | 201 | | inform the public that the game tickets are available for purchase |
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220 | 202 | | and that the game proceeds are used to fund veterans programs in |
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221 | 203 | | this state. The game tickets must clearly state that the game |
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222 | 204 | | proceeds are used to benefit the veterans in this state. The Texas |
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223 | 205 | | Veterans Commission may make recommendations to the department |
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224 | 206 | | [Texas Lottery Commission] relating to the marketing and |
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225 | 207 | | advertising of the game. |
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226 | 208 | | (d) The department [commission] shall encourage each sales |
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227 | 209 | | agent that sells tickets to instant-ticket games or similar types |
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228 | 210 | | of lottery games to sell tickets to the game operated under this |
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229 | 211 | | section. |
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230 | | - | SECTION 16. Subchapter B, Chapter 466, Government Code, is |
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231 | | - | amended by adding Sections 466.029, 466.030, and 466.031 to read as |
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232 | | - | follows: |
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233 | | - | Sec. 466.029. PROHIBITED USE OF CERTAIN SOFTWARE PROGRAMS. |
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234 | | - | The department may not use any e-mail program or document |
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235 | | - | management software that automatically deletes an e-mail or other |
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236 | | - | document on expiration of a specified period. |
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237 | | - | Sec. 466.030. PRESERVATION OF LOTTERY-RELATED DOCUMENTS. |
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238 | | - | Notwithstanding any other law, the department shall preserve all |
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239 | | - | department documentation, including e-mails, relating to the |
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240 | | - | operation of the state lottery for at least 18 months from the last |
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241 | | - | date the document is modified. |
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242 | | - | Sec. 466.031. (a) The department shall post on the |
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243 | | - | department's Internet website for each informal or formal meeting |
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244 | | - | between department employees related to contracting, procurement, |
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245 | | - | or policymaking for the state lottery, at a minimum the following |
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246 | | - | information: |
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247 | | - | (1) the purpose of the meeting; |
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248 | | - | (2) the minutes of the meeting; and |
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249 | | - | (3) the name of each individual who attends the |
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250 | | - | meeting, including the name of any business with which the |
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251 | | - | individual is associated. |
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252 | | - | (b) The department shall maintain the information described |
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253 | | - | by Subsection (a) until at least the fifth anniversary of the |
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254 | | - | meeting date. |
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255 | | - | SECTION 17. Section 466.105(b), Government Code, is amended |
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| 212 | + | SECTION 15. Section 466.105(b), Government Code, is amended |
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274 | 231 | | are amended to read as follows: |
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275 | 232 | | (a) The executive director and each lottery operator shall |
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276 | 233 | | take positive steps to: |
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277 | 234 | | (1) inform minority businesses of opportunities to: |
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278 | 235 | | (A) provide lottery equipment and supplies to the |
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279 | 236 | | department [commission]; |
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280 | 237 | | (B) provide services, including advertising, to |
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281 | 238 | | the department [commission] for the operation of the lottery; or |
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282 | 239 | | (C) obtain a license to sell lottery tickets; |
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283 | 240 | | (2) waive or modify bond requirements, if feasible; |
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284 | 241 | | (3) award contracts for lottery equipment or supplies |
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285 | 242 | | to minority businesses when possible; |
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286 | 243 | | (4) award contracts for lottery services, including |
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287 | 244 | | advertising, to minority businesses when possible; |
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288 | 245 | | (5) license minority businesses as sales agents; |
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289 | 246 | | (6) monitor the effectiveness of the efforts to |
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290 | 247 | | increase the ability of minority businesses to do business with the |
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291 | 248 | | department [commission]; and |
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292 | 249 | | (7) require all bidders or contractors, when |
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293 | 250 | | appropriate, to include specific plans or arrangements to use |
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294 | 251 | | subcontracts with minority businesses. |
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295 | 252 | | (c) The department [commission] shall annually report to |
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296 | 253 | | the legislature and the governor on the level of minority business |
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297 | 254 | | participation as pertains to both the department's [commission's] |
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298 | 255 | | contracts and the licensing of sales agents. The report must |
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299 | 256 | | include recommendations for the improvement of minority business |
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300 | 257 | | opportunities in lottery-related business. |
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350 | 300 | | Government Code, are amended to read as follows: |
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351 | 301 | | (a) After a hearing, the executive director shall deny an |
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352 | 302 | | application for a license or the department [commission] shall |
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353 | 303 | | suspend or revoke a license if the executive director or department |
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354 | 304 | | [commission], as applicable, finds that the applicant or sales |
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355 | 305 | | agent: |
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356 | 306 | | (1) is an individual who: |
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357 | 307 | | (A) has been convicted of a felony, criminal |
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358 | 308 | | fraud, gambling or a gambling-related offense, or a misdemeanor |
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359 | 309 | | involving moral turpitude, if less than 10 years has elapsed since |
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360 | 310 | | the termination of the sentence, parole, mandatory supervision, or |
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361 | 311 | | probation served for the offense; |
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362 | 312 | | (B) is or has been a professional gambler; |
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363 | 313 | | (C) is married to an individual: |
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364 | 314 | | (i) described in Paragraph (A) or (B); or |
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365 | 315 | | (ii) who is currently delinquent in the |
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366 | 316 | | payment of any state tax; |
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367 | 317 | | (D) is an officer or employee of the department |
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368 | 318 | | [commission] or a lottery operator; or |
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369 | 319 | | (E) is a spouse, child, brother, sister, or |
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370 | 320 | | parent residing as a member of the same household in the principal |
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371 | 321 | | place of residence of a person described by Paragraph (D); |
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372 | 322 | | (2) is not an individual, and an individual described |
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373 | 323 | | in Subdivision (1): |
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374 | 324 | | (A) is an officer or director of the applicant or |
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375 | 325 | | sales agent; |
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376 | 326 | | (B) holds more than 10 percent of the stock in the |
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377 | 327 | | applicant or sales agent; |
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378 | 328 | | (C) holds an equitable interest greater than 10 |
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379 | 329 | | percent in the applicant or sales agent; |
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380 | 330 | | (D) is a creditor of the applicant or sales agent |
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381 | 331 | | who holds more than 10 percent of the applicant's or sales agent's |
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382 | 332 | | outstanding debt; |
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383 | 333 | | (E) is the owner or lessee of a business that the |
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384 | 334 | | applicant or sales agent conducts or through which the applicant |
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385 | 335 | | will conduct a ticket sales agency; |
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386 | 336 | | (F) shares or will share in the profits, other |
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387 | 337 | | than stock dividends, of the applicant or sales agent; or |
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388 | 338 | | (G) participates in managing the affairs of the |
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389 | 339 | | applicant or sales agent; |
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390 | 340 | | (3) has been finally determined to be delinquent in |
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391 | 341 | | the payment of a tax or other money collected by the comptroller, |
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392 | 342 | | the Texas Workforce Commission, or the Texas Alcoholic Beverage |
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393 | 343 | | Commission; |
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394 | 344 | | (4) is a person whose location for the sales agency is: |
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395 | 345 | | (A) a location licensed for games of bingo under |
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396 | 346 | | Chapter 2001, Occupations Code; |
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397 | 347 | | (B) on land that is owned by: |
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398 | 348 | | (i) this state; or |
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399 | 349 | | (ii) a political subdivision of this state |
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400 | 350 | | and on which is located a public primary or secondary school, an |
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401 | 351 | | institution of higher education, or an agency of the state; or |
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402 | 352 | | (C) a location for which a person holds a wine and |
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403 | 353 | | malt beverage retailer's permit, mixed beverage permit, mixed |
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404 | 354 | | beverage permit with a retailer late hours certificate, private |
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405 | 355 | | club registration permit, or private club registration permit with |
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406 | 356 | | a retailer late hours certificate issued under Chapter 25, 28, 29, |
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407 | 357 | | or 32, Alcoholic Beverage Code, other than a location for which a |
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408 | 358 | | person holds a wine and malt beverage retailer's permit issued |
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409 | 359 | | under Chapter 25, Alcoholic Beverage Code, that derives less than |
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410 | 360 | | 30 percent of the location's gross receipts from the sale or service |
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411 | 361 | | of alcoholic beverages; or |
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412 | 362 | | (5) has violated this chapter or a rule adopted under |
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413 | 363 | | this chapter. |
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414 | 364 | | (b) If the executive director proposes to deny an |
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415 | 365 | | application for a license or the department [commission] proposes |
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416 | 366 | | to suspend or revoke a license under this section, the applicant or |
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417 | 367 | | sales agent is entitled to written notice of the time and place of |
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418 | 368 | | the hearing. A notice may be served on an applicant or sales agent |
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419 | 369 | | personally or sent by certified or registered mail, return receipt |
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420 | 370 | | requested, to the person's mailing address as it appears on the |
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421 | 371 | | department's [commission's] records. A notice must be served or |
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422 | 372 | | mailed not later than the 20th day before the date of the hearing. |
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423 | 373 | | The department [commission] shall provide for a formal |
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424 | 374 | | administrative hearings process. |
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425 | 375 | | (e) The executive director may not issue a license to a |
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426 | 376 | | person who has previously had a license under this chapter revoked |
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427 | 377 | | unless the executive director is satisfied the person will comply |
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428 | 378 | | with this chapter and the rules adopted under this chapter. The |
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429 | 379 | | executive director may prescribe the terms under which a suspended |
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430 | 380 | | license will be reissued. |
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431 | 381 | | (f) The executive director may not issue a license to an |
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432 | 382 | | applicant who fails to certify to the executive director the |
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433 | 383 | | applicant's compliance with the federal Americans with |
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434 | 384 | | Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). |
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436 | 386 | | Code, are amended to read as follows: |
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437 | 387 | | (a) The department [commission] may suspend a sales agent's |
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438 | 388 | | license summarily without notice or hearing if the department |
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439 | 389 | | [commission] finds that the action is necessary to maintain the |
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440 | 390 | | integrity, security, honesty, or fairness of the operation or |
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441 | 391 | | administration of the lottery or to prevent financial loss to the |
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442 | 392 | | state and: |
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443 | 393 | | (1) the sales agent fails to deposit money received |
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444 | 394 | | from ticket sales under Section 466.351; |
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445 | 395 | | (2) an event occurs that would render the sales agent |
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446 | 396 | | ineligible for a license under Section 466.155; |
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447 | 397 | | (3) the sales agent refuses to permit the executive |
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448 | 398 | | director, the department [director, the commission], or the state |
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449 | 399 | | auditor to examine the agent's books, records, papers, or other |
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450 | 400 | | objects under Section 466.017(b); or |
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451 | 401 | | (4) the executive director learns the sales agent has |
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452 | 402 | | failed to disclose information that would, if disclosed, render the |
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453 | 403 | | sales agent ineligible for a license under Section 466.155. |
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454 | 404 | | (b) The department [commission] may summarily suspend a |
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455 | 405 | | sales agent's license if proceedings for a preliminary hearing |
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456 | 406 | | before the State Office of Administrative Hearings are initiated |
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457 | 407 | | simultaneously with the summary suspension. The preliminary |
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458 | 408 | | hearing shall be set for a date not later than 10 days after the date |
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459 | 409 | | of the summary suspension, unless the parties agree to a later date. |
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460 | 410 | | (d) To initiate a proceeding to summarily suspend a sales |
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461 | 411 | | agent's license, the department [commission] must serve notice to |
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462 | 412 | | the sales agent informing the agent of the right to a preliminary |
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463 | 413 | | hearing and of the time and place of the preliminary hearing. The |
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464 | 414 | | notice must be personally served on the sales agent or an officer, |
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465 | 415 | | employee, or agent of the sales agent or sent by certified or |
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466 | 416 | | registered mail, return receipt requested, to the sales agent's |
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467 | 417 | | mailing address as it appears on the department's [commission's] |
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468 | 418 | | records. The notice must state the alleged violations that |
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469 | 419 | | constitute grounds for summary suspension. The suspension is |
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470 | 420 | | effective at the time the notice is served. If notice is served in |
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471 | 421 | | person, the sales agent shall immediately surrender the license to |
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472 | 422 | | the department [commission]. If notice is served by mail, the sales |
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473 | 423 | | agent shall immediately return the license to the department |
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474 | 424 | | [commission]. If the sales agent uses an on-line electronic |
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475 | 425 | | terminal to sell tickets, the executive director or a lottery |
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476 | 426 | | operator on the instructions of the executive director may |
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477 | 427 | | terminate the connection of the terminal to the department's |
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478 | 428 | | [commission's] lottery computer at the time: |
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479 | 429 | | (1) the proceeding to summarily suspend the license is |
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480 | 430 | | initiated; or |
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481 | 431 | | (2) the department [division] discovers the sales |
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482 | 432 | | agent has failed to deposit money received from ticket sales, if the |
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483 | 433 | | sales agent's license is being summarily suspended under Subsection |
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484 | 434 | | (a)(1). |
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493 | 443 | | read as follows: |
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494 | 444 | | Sec. 466.201. ACCESS TO CRIMINAL HISTORY RECORD |
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495 | 445 | | INFORMATION. (a) The department [commission] is entitled to |
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496 | 446 | | conduct an investigation of and is entitled to obtain criminal |
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497 | 447 | | history record information maintained by the Department of Public |
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498 | 448 | | Safety, the Federal Bureau of Investigation Identification |
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499 | 449 | | Division, or another law enforcement agency to assist in the |
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500 | 450 | | investigation of: |
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501 | 451 | | (1) a sales agent or an applicant for a sales agent |
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502 | 452 | | license; |
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503 | 453 | | (2) a person required to be named in a license |
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504 | 454 | | application; |
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505 | 455 | | (3) a lottery operator or prospective lottery |
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506 | 456 | | operator; |
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507 | 457 | | (4) an employee of a lottery operator or prospective |
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508 | 458 | | lottery operator, if the employee is or will be directly involved in |
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509 | 459 | | lottery operations; |
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510 | 460 | | (5) a person who manufactures or distributes lottery |
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511 | 461 | | equipment or supplies, or a representative of a person who |
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512 | 462 | | manufactures or distributes lottery equipment or supplies offered |
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513 | 463 | | to the lottery; |
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514 | 464 | | (6) a person who has submitted a written bid or |
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515 | 465 | | proposal to the department [commission] in connection with the |
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516 | 466 | | procurement of goods or services by the department [commission], if |
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517 | 467 | | the amount of the bid or proposal exceeds $500; |
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518 | 468 | | (7) an employee or other person who works for or will |
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519 | 469 | | work for a sales agent or an applicant for a sales agent license; |
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520 | 470 | | (8) a person who proposes to enter into or who has a |
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521 | 471 | | contract with the department [commission] to supply goods or |
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522 | 472 | | services to the department [commission]; or |
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523 | 473 | | (9) if a person described in Subdivisions (1) through |
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524 | 474 | | (8) is not an individual, an individual who: |
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525 | 475 | | (A) is an officer or director of the person; |
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526 | 476 | | (B) holds more than 10 percent of the stock in the |
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527 | 477 | | person; |
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528 | 478 | | (C) holds an equitable interest greater than 10 |
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529 | 479 | | percent in the person; |
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530 | 480 | | (D) is a creditor of the person who holds more |
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531 | 481 | | than 10 percent of the person's outstanding debt; |
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532 | 482 | | (E) is the owner or lessee of a business that the |
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533 | 483 | | person conducts or through which the person will conduct |
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534 | 484 | | lottery-related activities; |
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535 | 485 | | (F) shares or will share in the profits, other |
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536 | 486 | | than stock dividends, of the person; |
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537 | 487 | | (G) participates in managing the affairs of the |
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538 | 488 | | person; or |
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539 | 489 | | (H) is an employee of the person who is or will be |
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540 | 490 | | involved in: |
---|
541 | 491 | | (i) selling tickets; or |
---|
542 | 492 | | (ii) handling money from the sale of |
---|
543 | 493 | | tickets. |
---|
544 | 494 | | (b) The department [commission] shall conduct an |
---|
545 | 495 | | investigation of and obtain criminal history record information |
---|
546 | 496 | | maintained by the Department of Public Safety, the Federal Bureau |
---|
547 | 497 | | of Investigation Identification Division, or another law |
---|
548 | 498 | | enforcement agency to assist in the investigation of: |
---|
549 | 499 | | (1) the executive director or a prospective executive |
---|
550 | 500 | | director; or |
---|
551 | 501 | | (2) an employee or prospective employee of the |
---|
552 | 502 | | department [commission]. |
---|
553 | 503 | | (c) Not later than the first anniversary after the date of |
---|
554 | 504 | | each renewal, the department [commission] shall obtain criminal |
---|
555 | 505 | | history record information maintained by the Department of Public |
---|
556 | 506 | | Safety on a sales agent whose license is renewed under Section |
---|
557 | 507 | | 466.158. |
---|
585 | 535 | | read as follows: |
---|
586 | 536 | | Sec. 466.204. ACCESS TO INTERNAL REVENUE SERVICE |
---|
587 | 537 | | INFORMATION. The executive director may obtain information |
---|
588 | 538 | | relating to a person's qualification for licensing, employment, or |
---|
589 | 539 | | contracting under this chapter from the Internal Revenue Service |
---|
590 | 540 | | under a contract between the comptroller and the Internal Revenue |
---|
591 | 541 | | Service on: |
---|
592 | 542 | | (1) a sales agent or an applicant for a sales agent |
---|
593 | 543 | | license; |
---|
594 | 544 | | (2) an employee or prospective employee of the |
---|
595 | 545 | | department [commission]; |
---|
596 | 546 | | (3) a person required to be named in a license |
---|
597 | 547 | | application; |
---|
598 | 548 | | (4) a lottery operator or prospective lottery |
---|
599 | 549 | | operator; |
---|
600 | 550 | | (5) an employee of a lottery operator or prospective |
---|
601 | 551 | | lottery operator, if the employee is or will be directly involved in |
---|
602 | 552 | | lottery operations; |
---|
603 | 553 | | (6) a person who manufactures or distributes lottery |
---|
604 | 554 | | equipment or supplies, or a representative of a person who |
---|
605 | 555 | | manufactures or distributes lottery equipment or supplies offered |
---|
606 | 556 | | to the lottery; |
---|
607 | 557 | | (7) a person who has submitted a written bid or |
---|
608 | 558 | | proposal to the department [commission] in connection with the |
---|
609 | 559 | | procurement of goods or services by the department [commission]; |
---|
610 | 560 | | (8) an employee or other person who works for or will |
---|
611 | 561 | | work for a sales agent or an applicant for a sales agent license; or |
---|
612 | 562 | | (9) a person who proposes to enter into or who has a |
---|
613 | 563 | | contract with the department [commission] to supply goods or |
---|
614 | 564 | | services to the department [commission]. |
---|
641 | | - | TRANSACTION; CRIMINAL OFFENSE. (a) A person may not sell to one |
---|
642 | | - | individual more than 100 lottery tickets in a single transaction. |
---|
643 | | - | (b) A person commits an offense if the person violates |
---|
644 | | - | Subsection (a). An offense under this subsection is a Class B |
---|
645 | | - | misdemeanor. |
---|
646 | | - | Sec. 466.257. METHOD, LOCATION, AND HOURS FOR PURCHASE OF |
---|
647 | | - | TICKET. A person may only purchase a ticket: |
---|
648 | | - | (1) in person; |
---|
649 | | - | (2) at the location of a licensed sales agency; and |
---|
650 | | - | (3) during the normal business hours of the licensed |
---|
651 | | - | sales agency. |
---|
652 | | - | Sec. 466.258. REQUIRED AGE VERIFICATION OF TICKET |
---|
653 | | - | PURCHASER; CRIMINAL OFFENSE. (a) A licensed sales agent or an |
---|
654 | | - | employee of a sales agent shall use an age verification process |
---|
655 | | - | prescribed by commission rule to verify the age of each ticket |
---|
656 | | - | purchaser at the point of sale. |
---|
657 | | - | (b) A person who violates Subsection (a) commits an offense. |
---|
658 | | - | An offense under this subsection is a Class B misdemeanor. |
---|
659 | | - | SECTION 34. Subchapter F, Chapter 466, Government Code, is |
---|
660 | | - | amended by adding Section 466.259 to read as follows: |
---|
661 | | - | Sec. 466.259. LIMITATION ON PROVISION OF CERTAIN LOTTERY |
---|
662 | | - | EQUIPMENT. The department may not provide to a licensed location of |
---|
663 | | - | a sales agent more than five of the following: |
---|
664 | | - | (1) lottery vending machines; |
---|
665 | | - | (2) lottery computer terminals; or |
---|
666 | | - | (3) other lottery equipment that prints tickets. |
---|
667 | | - | SECTION 35. Section 466.302(a), Government Code, is amended |
---|
| 587 | + | TRANSACTION. A person may not sell to one individual more than 100 |
---|
| 588 | + | lottery tickets in a single transaction. |
---|
| 589 | + | SECTION 31. Section 466.302(a), Government Code, is amended |
---|
743 | 665 | | (j), Government Code, are amended to read as follows: |
---|
744 | 666 | | (a) A person may assign, in whole or in part, the right to |
---|
745 | 667 | | receive prize payments that are paid by the department [commission] |
---|
746 | 668 | | in installments over time if the assignment is made to a person |
---|
747 | 669 | | designated by an order of a district court of Travis County, except |
---|
748 | 670 | | that a person may not assign the right to receive prize payments if |
---|
749 | 671 | | the person is subject to a child support order and is delinquent in |
---|
750 | 672 | | making support payments under that order. |
---|
751 | 673 | | (b) A district court shall issue an order approving a |
---|
752 | 674 | | voluntary assignment and directing the department [commission] to |
---|
753 | 675 | | direct prize payments in whole or in part to the assignee if: |
---|
754 | 676 | | (1) a copy of the petition for the order and copies of |
---|
755 | 677 | | all notices of any hearing in the matter have been served on the |
---|
756 | 678 | | executive director not later than 20 days prior to any hearing or |
---|
757 | 679 | | entry of any order. The department [commission] may intervene in a |
---|
758 | 680 | | proceeding to protect the interests of the department [commission] |
---|
759 | 681 | | but shall not be considered an indispensable or necessary party. A |
---|
760 | 682 | | petition filed under this section shall include in the caption the |
---|
761 | 683 | | prize winner's name as it appears on the lottery claim form; |
---|
762 | 684 | | (2) the assignment is in writing, executed by the |
---|
763 | 685 | | assignor and assignee (or designated agent), and by its terms |
---|
764 | 686 | | subject to the laws of this state; and |
---|
765 | 687 | | (3) the assignor provides a sworn and notarized |
---|
766 | 688 | | affidavit stating that the assignor: |
---|
767 | 689 | | (A) is of sound mind, over 18 years of age, is in |
---|
768 | 690 | | full command of the person's faculties, and is not acting under |
---|
769 | 691 | | duress; |
---|
770 | 692 | | (B) is not delinquent in payment of child support |
---|
771 | 693 | | under a court or administrative order issued in this state or |
---|
772 | 694 | | another state; |
---|
773 | 695 | | (C) has been advised regarding the assignment by |
---|
774 | 696 | | independent legal counsel and has had the opportunity to receive |
---|
775 | 697 | | independent financial and tax advice concerning the effects of the |
---|
776 | 698 | | assignment; |
---|
777 | 699 | | (D) understands that the assignor will not |
---|
778 | 700 | | receive the prize payments, or portions of the prize payments, for |
---|
779 | 701 | | the assigned years; |
---|
780 | 702 | | (E) understands and agrees that with regard to |
---|
781 | 703 | | the assigned payments, the state, the department [commission], and |
---|
782 | 704 | | its officials and employees will have no further liability or |
---|
783 | 705 | | responsibility to make the assigned payments to the assignor; |
---|
784 | 706 | | (F) has been provided a one-page written |
---|
785 | 707 | | disclosure statement stating, in boldfaced type, 14 points or |
---|
786 | 708 | | larger: |
---|
787 | 709 | | (i) the payments being assigned, by amounts |
---|
788 | 710 | | and payment dates; |
---|
789 | 711 | | (ii) the purchase price being paid, if any; |
---|
790 | 712 | | (iii) if a purchase price is paid, the rate |
---|
791 | 713 | | of discount to the present value of the prize, assuming daily |
---|
792 | 714 | | compounding and funding on the contract date; and |
---|
793 | 715 | | (iv) the amount, if any, of any origination |
---|
794 | 716 | | or closing fees that will be charged to the assignor; and |
---|
795 | 717 | | (G) was advised in writing, at the time the |
---|
796 | 718 | | assignment was signed, that the assignor had the right to cancel |
---|
797 | 719 | | without any further obligation not later than the third business |
---|
798 | 720 | | day after the date the assignment was signed. |
---|
799 | 721 | | (d) With respect to any given prize, the order shall also |
---|
800 | 722 | | recite and identify all prior assignments by amount of or fraction |
---|
801 | 723 | | of payment assigned, the identity of the assignee, and the date(s) |
---|
802 | 724 | | of payment(s) assigned. A court order obtained pursuant to this |
---|
803 | 725 | | section, together with all such prior orders, shall not require the |
---|
804 | 726 | | department [commission] to divide any single prize payment among |
---|
805 | 727 | | more than three different persons. |
---|
806 | 728 | | (f) A certified copy of a court order granted under this |
---|
807 | 729 | | section shall be delivered to the department [commission] and such |
---|
808 | 730 | | order must be provided to the department [commission] no later than |
---|
809 | 731 | | 20 days prior to the date upon which the first assigned payment is |
---|
810 | 732 | | to be paid to the assignee. Within 20 days of receipt of the court |
---|
811 | 733 | | order, the department [commission] shall acknowledge in writing to |
---|
812 | 734 | | both the assignor and the assignee its receipt of said court order. |
---|
813 | 735 | | Unless the department [commission] provides written notice to the |
---|
814 | 736 | | assignor and assignee that the department [commission] cannot |
---|
815 | 737 | | comply with the court order, the department [commission] shall |
---|
816 | 738 | | thereafter make the prize payments in accordance with the court |
---|
817 | 739 | | order. |
---|
818 | 740 | | (g) The department [commission] shall establish and collect |
---|
819 | 741 | | a reasonable fee to defray any administrative expenses associated |
---|
820 | 742 | | with an assignment made under this section, including the cost to |
---|
821 | 743 | | the department [commission] of any processing fee imposed by a |
---|
822 | 744 | | private annuity provider. The department [commission] shall |
---|
823 | 745 | | establish the amount of the fee to reflect the direct and indirect |
---|
824 | 746 | | costs associated with processing the assignment. |
---|
825 | 747 | | (j) After receiving a letter or ruling from the Internal |
---|
826 | 748 | | Revenue Service or a published decision of a court as provided by |
---|
827 | 749 | | Subsection (i)(1) or (2), the executive director shall immediately |
---|
828 | 750 | | file a copy of the letter, ruling, or published decision with the |
---|
829 | 751 | | secretary of state. When the executive director files a copy of the |
---|
830 | 752 | | letter, ruling, or published decision with the secretary of state, |
---|
831 | 753 | | an assignor is ineligible to assign a prize under this section, and |
---|
832 | 754 | | the department [commission] shall not make any payment to an |
---|
833 | 755 | | assignee pursuant to a court order entered after the date of such |
---|
834 | 756 | | letter or ruling. |
---|
897 | 819 | | are amended to read as follows: |
---|
898 | 820 | | (b) The term means: |
---|
899 | 821 | | (1) the banking commissioner [Banking Commissioner] |
---|
900 | 822 | | of the Texas [The Banking] Department of Banking [Texas]; |
---|
901 | 823 | | (2) the administrative director of the Office of Court |
---|
902 | 824 | | Administration of the Texas Judicial System; |
---|
903 | 825 | | (3) the chief executive of the Office of Public |
---|
904 | 826 | | Utility Counsel; |
---|
905 | 827 | | (4) the executive director of the State Bar of Texas; |
---|
906 | 828 | | (5) [the director of the lottery division of the Texas |
---|
907 | 829 | | Lottery Commission; |
---|
908 | 830 | | [(6) the deputy in charge of the department of |
---|
909 | 831 | | security in the lottery division of the Texas Lottery Commission; |
---|
910 | 832 | | [(7)] the executive director of the [bingo division of |
---|
911 | 833 | | the] Texas Department of Licensing and Regulation [Lottery |
---|
912 | 834 | | Commission]; or |
---|
913 | 835 | | (6) [(8)] the secretary of state. |
---|
914 | 836 | | (c) The term means a member of: |
---|
915 | 837 | | (1) the Public Utility Commission of Texas; |
---|
916 | 838 | | (2) the Texas Commission on Environmental Quality; |
---|
917 | 839 | | (3) the Texas Alcoholic Beverage Commission; |
---|
918 | 840 | | (4) the Finance Commission of Texas; |
---|
919 | 841 | | (5) the Texas Facilities Commission; |
---|
920 | 842 | | (6) the Texas Board of Criminal Justice; |
---|
921 | 843 | | (7) the board of trustees of the Employees Retirement |
---|
922 | 844 | | System of Texas; |
---|
923 | 845 | | (8) the Texas Transportation Commission; |
---|
924 | 846 | | (9) the Texas Department of Insurance; |
---|
925 | 847 | | (10) the Parks and Wildlife Commission; |
---|
926 | 848 | | (11) the Public Safety Commission; |
---|
927 | 849 | | (12) the Texas Ethics Commission; |
---|
928 | 850 | | (13) the State Securities Board; |
---|
929 | 851 | | (14) the Texas Water Development Board; |
---|
930 | 852 | | (15) the governing board of a public senior college or |
---|
931 | 853 | | university as defined by Section 61.003, Education Code, or of The |
---|
932 | 854 | | University of Texas Southwestern Medical Center, The University of |
---|
933 | 855 | | Texas Medical Branch at Galveston, The University of Texas Health |
---|
934 | 856 | | Science Center at Houston, The University of Texas Health Science |
---|
935 | 857 | | Center at San Antonio, The University of Texas M. D. Anderson Cancer |
---|
936 | 858 | | Center, The University of Texas Health Science Center at Tyler, |
---|
937 | 859 | | University of North Texas Health Science Center at Fort Worth, |
---|
938 | 860 | | Texas Tech University Health Sciences Center, Texas State Technical |
---|
939 | 861 | | College--Harlingen, Texas State Technical College--Marshall, Texas |
---|
940 | 862 | | State Technical College--Sweetwater, or Texas State Technical |
---|
941 | 863 | | College--Waco; |
---|
942 | 864 | | (16) the Texas Higher Education Coordinating Board; |
---|
943 | 865 | | (17) the Texas Workforce Commission; |
---|
944 | 866 | | (18) the board of trustees of the Teacher Retirement |
---|
945 | 867 | | System of Texas; |
---|
946 | 868 | | (19) the Credit Union Commission; |
---|
947 | 869 | | (20) the School Land Board; |
---|
948 | 870 | | (21) the board of the Texas Department of Housing and |
---|
949 | 871 | | Community Affairs; |
---|
950 | 872 | | (22) the Texas Racing Commission; |
---|
951 | 873 | | (23) the State Board of Dental Examiners; |
---|
952 | 874 | | (24) the Texas Medical Board; |
---|
953 | 875 | | (25) the Board of Pardons and Paroles; |
---|
954 | 876 | | (26) the Texas State Board of Pharmacy; |
---|
955 | 877 | | (27) the Department of Information Resources |
---|
956 | 878 | | governing board; |
---|
957 | 879 | | (28) the board of the Texas Department of Motor |
---|
958 | 880 | | Vehicles; |
---|
959 | 881 | | (29) the Texas Real Estate Commission; |
---|
960 | 882 | | (30) the board of directors of the State Bar of Texas; |
---|
961 | 883 | | (31) the Bond Review Board; |
---|
962 | 884 | | (32) the Health and Human Services Commission; |
---|
963 | 885 | | (33) the Texas Funeral Service Commission; |
---|
964 | 886 | | (34) the board of directors of a river authority |
---|
965 | 887 | | created under the Texas Constitution or a statute of this state; or |
---|
966 | 888 | | (35) [the Texas Lottery Commission; or |
---|
967 | 889 | | [(36)] the Cancer Prevention and Research Institute of |
---|
968 | 890 | | Texas. |
---|
975 | 892 | | (9), (10), and (11), Government Code, are transferred to Section |
---|
976 | 893 | | 51.001, Occupations Code, redesignated as Sections 51.001(1-b), |
---|
977 | 894 | | (2-a), (2-b), (4-a), (4-b), (4-c), (4-d), (4-e), and (4-f), |
---|
978 | 895 | | Occupations Code, and amended to read as follows: |
---|
979 | 896 | | (1-b) [(3)] "Communicate directly with" has the |
---|
980 | 897 | | meaning assigned by Section 305.002, Government Code. |
---|
981 | 898 | | (2-a) [(4)] "Gift" includes a gratuity, trip, meal, or |
---|
982 | 899 | | other thing of value for which the recipient does not compensate the |
---|
983 | 900 | | person making the gift and that is not conferred on account of |
---|
984 | 901 | | kinship or a personal, professional, or business relationship |
---|
985 | 902 | | independent of the official status of the recipient. |
---|
986 | 903 | | (2-b) [(5)] "Legislation" has the meaning assigned by |
---|
987 | 904 | | Section 305.002, Government Code. |
---|
988 | 905 | | (4-a) [(6)] "Member of the legislative branch" has the |
---|
989 | 906 | | meaning assigned by Section 305.002, Government Code. |
---|
990 | 907 | | (4-b) [(7)] "Participated" means to have taken action |
---|
991 | 908 | | as an officer or employee through decision, approval, disapproval, |
---|
992 | 909 | | recommendation, giving advice, or similar action. |
---|
993 | 910 | | (4-c) [(8)] "Particular matter" includes an |
---|
994 | 911 | | investigation, an application, a request for a ruling or |
---|
995 | 912 | | determination, a license proceeding, rulemaking, a contract, a |
---|
996 | 913 | | controversy, a claim, a charge, an accusation, an arrest, or a |
---|
997 | 914 | | judicial or other proceeding. |
---|
998 | 915 | | (4-d) [(9)] "Person that has a significant financial |
---|
999 | 916 | | interest in the lottery" means: |
---|
1000 | 917 | | (A) a person or a board member, officer, trustee, |
---|
1001 | 918 | | or general partner of a person that manufactures, distributes, |
---|
1002 | 919 | | sells, or produces lottery equipment, supplies, services, or |
---|
1003 | 920 | | advertising; |
---|
1004 | 921 | | (B) an employee of a person that manufactures, |
---|
1005 | 922 | | distributes, sells, or produces lottery equipment, supplies, |
---|
1006 | 923 | | services, or advertising and that employee is directly involved in |
---|
1007 | 924 | | the manufacturing, distribution, selling, or production of lottery |
---|
1008 | 925 | | equipment, supplies, services, or advertising; |
---|
1009 | 926 | | (C) a person or a board member, officer, trustee, |
---|
1010 | 927 | | or general partner of a person that has made a bid to operate the |
---|
1011 | 928 | | lottery in the preceding two years or that intends to make a bid to |
---|
1012 | 929 | | operate the lottery or an employee of the person if the employee is |
---|
1013 | 930 | | directly involved in making the bid; or |
---|
1014 | 931 | | (D) a sales agent. |
---|
1015 | 932 | | (4-e) [(10)] "Political committee" has the meaning |
---|
1016 | 933 | | assigned by Section 251.001, Election Code. |
---|
1017 | 934 | | (4-f) [(11)] "Political contribution" has the meaning |
---|
1018 | 935 | | assigned by Section 251.001, Election Code. |
---|
1036 | 953 | | transferred to Subchapter B, Chapter 51, Occupations Code, |
---|
1037 | 954 | | redesignated as Section 51.061, Occupations Code, and amended to |
---|
1038 | 955 | | read as follows: |
---|
1039 | 956 | | Sec. 51.061 [467.025]. PROHIBITED CONDUCT. (a) A |
---|
1040 | 957 | | commission member may not: |
---|
1041 | 958 | | (1) accept any employment or remuneration from: |
---|
1042 | 959 | | (A) a person that has a significant financial |
---|
1043 | 960 | | interest in the lottery; or |
---|
1044 | 961 | | (B) a bingo commercial lessor, bingo |
---|
1045 | 962 | | distributor, or bingo manufacturer; |
---|
1046 | 963 | | (2) play any lottery or bingo game conducted in this |
---|
1047 | 964 | | state; |
---|
1048 | 965 | | (3) accept or be entitled to accept any part of the |
---|
1049 | 966 | | winnings to be paid from a lottery or bingo game conducted in this |
---|
1050 | 967 | | state; |
---|
1051 | 968 | | (4) use the member's official authority to affect the |
---|
1052 | 969 | | result of an election or nomination for public office; or |
---|
1053 | 970 | | (5) directly or indirectly coerce, attempt to coerce, |
---|
1054 | 971 | | command, or advise a person to pay, lend, or contribute anything of |
---|
1055 | 972 | | value to another person for political purposes. |
---|
1056 | 973 | | (b) A commission member or former commission member or the |
---|
1057 | 974 | | spouse of a commission member or former commission member may not |
---|
1058 | 975 | | solicit or accept employment from a person regulated by the |
---|
1059 | 976 | | commission before the second anniversary of the date on which the |
---|
1060 | 977 | | commission member's service on the commission ends. |
---|
1124 | 1041 | | transferred to Subchapter D, Chapter 51, Occupations Code, |
---|
1125 | 1042 | | redesignated as Section 51.214, Occupations Code, and amended to |
---|
1126 | 1043 | | read as follows: |
---|
1127 | 1044 | | Sec. 51.214 [467.106]. GIFT OR POLITICAL CONTRIBUTION TO |
---|
1128 | 1045 | | OFFICER OR EMPLOYEE. (a) A commission member, the executive |
---|
1129 | 1046 | | director, or an employee of the department [commission] may not |
---|
1130 | 1047 | | intentionally or knowingly accept a gift or political contribution |
---|
1131 | 1048 | | from: |
---|
1132 | 1049 | | (1) a person that has a significant financial interest |
---|
1133 | 1050 | | in the lottery; |
---|
1134 | 1051 | | (2) a person related in the first degree of |
---|
1135 | 1052 | | consanguinity or affinity to a person that has a significant |
---|
1136 | 1053 | | financial interest in the lottery; |
---|
1137 | 1054 | | (3) a person that owns more than a 10 percent interest |
---|
1138 | 1055 | | in an entity that has a significant financial interest in the |
---|
1139 | 1056 | | lottery; |
---|
1140 | 1057 | | (4) a political committee that is directly |
---|
1141 | 1058 | | established, administered, or controlled, in whole or in part, by a |
---|
1142 | 1059 | | person that has a significant financial interest in the lottery; or |
---|
1143 | 1060 | | (5) a person who, within the two years preceding the |
---|
1144 | 1061 | | date of the gift or contribution, won a lottery prize exceeding $600 |
---|
1145 | 1062 | | in amount or value. |
---|
1146 | 1063 | | (b) A person may not make a gift or political contribution |
---|
1147 | 1064 | | to a person known by the actor to be a commission member, the |
---|
1148 | 1065 | | executive director, or an employee of the department [commission], |
---|
1149 | 1066 | | if the actor: |
---|
1150 | 1067 | | (1) has a significant financial interest in the |
---|
1151 | 1068 | | lottery; |
---|
1152 | 1069 | | (2) is related in the first degree of consanguinity or |
---|
1153 | 1070 | | affinity to a person that has a significant financial interest in |
---|
1154 | 1071 | | the lottery; |
---|
1155 | 1072 | | (3) owns more than a 10 percent interest in an entity |
---|
1156 | 1073 | | that has a significant financial interest in the lottery; |
---|
1157 | 1074 | | (4) is a political committee that is directly |
---|
1158 | 1075 | | established, administered, or controlled, in whole or in part, by a |
---|
1159 | 1076 | | person that has a significant financial interest in the lottery; or |
---|
1160 | 1077 | | (5) within the two years preceding the date of the gift |
---|
1161 | 1078 | | or contribution, won a lottery prize exceeding $600 in amount or |
---|
1162 | 1079 | | value. |
---|
1163 | 1080 | | (c) A person commits an offense if the person violates this |
---|
1164 | 1081 | | section. An offense under this section is a Class A misdemeanor. |
---|
1166 | 1083 | | transferred to Subchapter D, Chapter 51, Occupations Code, |
---|
1167 | 1084 | | redesignated as Section 51.215, Occupations Code, and amended to |
---|
1168 | 1085 | | read as follows: |
---|
1169 | 1086 | | Sec. 51.215 [467.107]. GIFT OR POLITICAL CONTRIBUTION TO |
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1170 | 1087 | | FORMER OFFICER OR EMPLOYEE. (a) A former commission member, |
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1171 | 1088 | | former executive director, or former employee of the department |
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1172 | 1089 | | [commission] may not, before the second anniversary of the date |
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1173 | 1090 | | that the person's service in office or employment with the |
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1174 | 1091 | | department [commission] ceases, intentionally or knowingly accept |
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1175 | 1092 | | a gift or political contribution from: |
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1176 | 1093 | | (1) a person that has a significant financial interest |
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1177 | 1094 | | in the lottery; |
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1178 | 1095 | | (2) a person related in the first degree of |
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1179 | 1096 | | consanguinity or affinity to a person that has a significant |
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1180 | 1097 | | financial interest in the lottery; |
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1181 | 1098 | | (3) a person that owns more than a 10 percent interest |
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1182 | 1099 | | in an entity that has a significant financial interest in the |
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1183 | 1100 | | lottery; |
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1184 | 1101 | | (4) a political committee that is directly |
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1185 | 1102 | | established, administered, or controlled, in whole or in part, by a |
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1186 | 1103 | | person that has a significant financial interest in the lottery; or |
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1187 | 1104 | | (5) a person who, within the two years preceding the |
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1188 | 1105 | | date of the gift or contribution, won a lottery prize exceeding $600 |
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1189 | 1106 | | in amount or value. |
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1190 | 1107 | | (b) A person may not make a gift or political contribution |
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1191 | 1108 | | to a person known by the actor to be a former commission member, |
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1192 | 1109 | | former executive director, or former employee of the department |
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1193 | 1110 | | [commission], if the actor: |
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1194 | 1111 | | (1) has a significant financial interest in the |
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1195 | 1112 | | lottery; |
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1196 | 1113 | | (2) is related in the first degree of consanguinity or |
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1197 | 1114 | | affinity to a person that has a significant financial interest in |
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1198 | 1115 | | the lottery; |
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1199 | 1116 | | (3) owns more than a 10 percent interest in an entity |
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1200 | 1117 | | that has a significant financial interest in the lottery; |
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1201 | 1118 | | (4) is a political committee that is directly |
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1202 | 1119 | | established, administered, or controlled, in whole or in part, by a |
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1203 | 1120 | | person that has a significant financial interest in the lottery; or |
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1204 | 1121 | | (5) within the two years preceding the date of the gift |
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1205 | 1122 | | or contribution, won a lottery prize exceeding $600 in amount or |
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1206 | 1123 | | value. |
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1207 | 1124 | | (c) A person commits an offense if the person violates this |
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1208 | 1125 | | section. An offense under this section is a Class A misdemeanor. |
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1210 | 1127 | | transferred to Subchapter D, Chapter 51, Occupations Code, |
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1211 | 1128 | | redesignated as Section 51.216, Occupations Code, and amended to |
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1212 | 1129 | | read as follows: |
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1213 | 1130 | | Sec. 51.216 [467.108]. REPRESENTATION BY FORMER OFFICER |
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1214 | 1131 | | OR EMPLOYEE. (a) A former commission member or [,] former |
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1215 | 1132 | | executive director [, or former director] may not: |
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1216 | 1133 | | (1) for compensation, represent a person that has made |
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1217 | 1134 | | or intends to make a bid to operate the lottery before the |
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1218 | 1135 | | department [commission] before the second anniversary of the date |
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1219 | 1136 | | that the person's service in office or employment with the |
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1220 | 1137 | | department [commission] ceases; |
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1221 | 1138 | | (2) represent any person or receive compensation for |
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1222 | 1139 | | services rendered on behalf of any person regarding a particular |
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1223 | 1140 | | matter in which the former officer or employee participated during |
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1224 | 1141 | | the period of service or employment with the department |
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1225 | 1142 | | [commission], either through personal involvement or because the |
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1226 | 1143 | | matter was within the scope of the officer's or employee's official |
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1227 | 1144 | | responsibility; or |
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1228 | 1145 | | (3) for compensation communicate directly with a |
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1229 | 1146 | | member of the legislative branch to influence legislation on behalf |
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1230 | 1147 | | of a person that has a significant financial interest in the |
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1231 | 1148 | | lottery, before the second anniversary of the date that the |
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1232 | 1149 | | person's service in office or employment with the department |
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1233 | 1150 | | [commission] ceases. |
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1234 | 1151 | | (b) A person commits an offense if the person violates this |
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1235 | 1152 | | section. An offense under this section is a Class A misdemeanor. |
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1294 | 1202 | | Sec. 51.218. ANNUAL REPORT. (a) The department annually |
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1295 | 1203 | | shall submit a report to the governor and the legislature that: |
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1296 | 1204 | | (1) includes a summary of lottery revenue, prize |
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1297 | 1205 | | disbursements, and other expenses for the state fiscal year |
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1298 | 1206 | | preceding the report; |
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1299 | 1207 | | (2) includes a comprehensive business plan to guide |
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1300 | 1208 | | the department's major lottery initiatives that contains: |
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1301 | 1209 | | (A) specific goals for the department; and |
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1302 | 1210 | | (B) an evaluation of: |
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1303 | 1211 | | (i) the department's overall performance on |
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1304 | 1212 | | lottery operations; |
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1305 | 1213 | | (ii) the effectiveness of specific lottery |
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1306 | 1214 | | programs and initiatives; |
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1307 | 1215 | | (iii) the efficiency of the department's |
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1308 | 1216 | | lottery operations; |
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1309 | 1217 | | (iv) the amount of lottery revenue |
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1310 | 1218 | | generated for state purposes other than the payment of prizes; and |
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1311 | 1219 | | (v) the factors affecting the amount of |
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1312 | 1220 | | lottery revenue received and disbursed, including ticket sales and |
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1313 | 1221 | | administrative efficiency; |
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1314 | 1222 | | (3) addresses the trends and issues related to |
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1315 | 1223 | | violations of state laws under the department's lottery and bingo |
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1316 | 1224 | | jurisdiction identified: |
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1317 | 1225 | | (A) in complaints submitted under Section 51.252 |
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1318 | 1226 | | as analyzed to identify the trends and issues by alleged violation |
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1319 | 1227 | | type and to evaluate the effectiveness of the department's |
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1320 | 1228 | | enforcement process; and |
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1321 | 1229 | | (B) through an inspection, audit, or other means |
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1322 | 1230 | | of regulating lottery operations under Chapter 466, Government |
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1323 | 1231 | | Code, and bingo under Chapter 2001; |
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1324 | 1232 | | (4) includes for the preceding calendar year |
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1325 | 1233 | | charitable bingo information on: |
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1326 | 1234 | | (A) the total amount reported by licensed |
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1327 | 1235 | | authorized organizations of adjusted gross receipts from bingo |
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1328 | 1236 | | operations under Chapter 2001; |
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1329 | 1237 | | (B) the total amount reported by licensed |
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1330 | 1238 | | authorized organizations of net proceeds from bingo operations |
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1331 | 1239 | | under Chapter 2001; and |
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1332 | 1240 | | (C) a comparison of the amounts reported under |
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1333 | 1241 | | Paragraphs (A) and (B), including the percentage the net proceeds |
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1334 | 1242 | | represents compared to the adjusted gross receipts; and |
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1335 | 1243 | | (5) provides biennial recommendations to the |
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1336 | 1244 | | legislature on emerging trends, technological advancements, |
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1337 | 1245 | | regulatory developments, and market dynamics affecting the lottery |
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1338 | 1246 | | and bingo industries. |
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1339 | 1247 | | (b) For purposes of Subsection (a)(4): |
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1340 | 1248 | | (1) the term "adjusted gross receipts" means the |
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1341 | 1249 | | amount remaining after deducting prizes paid but excluding prize |
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1342 | 1250 | | fees collected from bingo players; and |
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1343 | 1251 | | (2) the department shall determine the total amount of |
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1344 | 1252 | | net proceeds in a manner that does not reduce gross receipts by the |
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1345 | 1253 | | amount of rent paid for the rental of bingo premises by a licensed |
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1346 | 1254 | | authorized organization to another licensed authorized |
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1347 | 1255 | | organization if the other organization pays rent for the premises |
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1348 | 1256 | | to a licensed commercial lessor. |
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1400 | 1308 | | by amending Subsections (a), (e), (f), and (g) and adding |
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1401 | 1309 | | Subsection (h) to read as follows: |
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1402 | 1310 | | (a) The commission shall [may] appoint a bingo advisory |
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1403 | 1311 | | committee consisting of nine members. The commission shall appoint |
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1404 | 1312 | | members representing a balance of interests including |
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1405 | 1313 | | representatives of: |
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1406 | 1314 | | (1) the public; |
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1407 | 1315 | | (2) charities that operate bingo games; and |
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1408 | 1316 | | (3) commercial and charity lessors that participate in |
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1409 | 1317 | | the bingo industry. |
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1410 | 1318 | | (e) The bingo advisory committee shall [may]: |
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1411 | 1319 | | (1) advise the commission and department on the needs |
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1412 | 1320 | | and problems of the state's bingo industry; |
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1413 | 1321 | | (2) comment on rules involving bingo during their |
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1414 | 1322 | | development and before final adoption unless an emergency requires |
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1415 | 1323 | | immediate action by the commission; |
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1416 | 1324 | | (3) report annually to the commission and department |
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1417 | 1325 | | on the committee's activities; [and] |
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1418 | 1326 | | (4) annually brief the commission and department on |
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1419 | 1327 | | advancements and challenges in this state's bingo industry; and |
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1420 | 1328 | | (5) perform other duties as determined by the |
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1421 | 1329 | | commission or department. |
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1422 | 1330 | | (f) The bingo advisory committee shall [may] meet quarterly |
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1423 | 1331 | | or at the commission's or department's request. |
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1424 | 1332 | | (g) The commission shall [may] adopt rules: |
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1425 | 1333 | | (1) to govern the operations of the bingo advisory |
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1426 | 1334 | | committee; and |
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1427 | 1335 | | (2) to prohibit the committee's involvement in |
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1428 | 1336 | | committee member selection. |
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1429 | 1337 | | (h) The commission may not adopt a rule that prohibits or |
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1430 | 1338 | | restricts the bingo advisory committee from discussing any |
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1431 | 1339 | | bingo-related topic. This subsection may not be construed to |
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1432 | 1340 | | require action by the commission on each item submitted by the |
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1433 | 1341 | | committee or otherwise alter the commission's decision-making |
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1434 | 1342 | | authority. |
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1493 | 1401 | | Occupations Code, are amended to read as follows: |
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1494 | 1402 | | (c) The department [commission] or a person authorized in |
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1495 | 1403 | | writing by the department [commission] may examine the books, |
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1496 | 1404 | | papers, records, equipment, and place of business of a license |
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1497 | 1405 | | holder and may investigate the character of the license holder's |
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1498 | 1406 | | business to verify the accuracy of a return, statement, or report |
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1499 | 1407 | | made, or, if no return is made by the license holder, to ascertain |
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1500 | 1408 | | and determine the amount required to be paid. |
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1501 | 1409 | | (c-1) The commission by rule shall develop a policy for |
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1502 | 1410 | | auditing license holders. The department [bingo division] shall |
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1503 | 1411 | | use audit risk analysis procedures established by the commission |
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1504 | 1412 | | to: |
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1505 | 1413 | | (1) annually identify the [which] license holders |
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1506 | 1414 | | [are] most at risk of violating this chapter or rules adopted under |
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1507 | 1415 | | this chapter, including consideration of license holder compliance |
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1508 | 1416 | | history in the identification; and |
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1509 | 1417 | | (2) develop a plan for auditing the identified license |
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1510 | 1418 | | holders that includes: |
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1511 | 1419 | | (A) a schedule for the audits of the identified |
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1512 | 1420 | | license holders; |
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1513 | 1421 | | (B) procedures to annually update the plan based |
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1514 | 1422 | | on successive risk analyses; and |
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1515 | 1423 | | (C) a completion date for each audit that is not |
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1516 | 1424 | | later than the fifth anniversary of the date the license holder was |
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1517 | 1425 | | identified as a candidate for audit. |
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1518 | 1426 | | (c-2) The department [bingo division] shall provide to the |
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1519 | 1427 | | commission a copy of the auditing plan developed under Subsection |
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1520 | 1428 | | (c-1). |
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1521 | 1429 | | (e) If the department [commission] determines that a person |
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1522 | 1430 | | is not complying with this chapter, the department [commission] |
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1523 | 1431 | | shall notify the attorney general and the governing body of the |
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1524 | 1432 | | appropriate political subdivision. |
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1557 | 1465 | | amended to read as follows: |
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1558 | 1466 | | (a) The governing bodies of the following state agencies or |
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1559 | 1467 | | divisions by rule may exempt from the requirements of Section |
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1560 | 1468 | | 721.002 a motor vehicle that is under the control and custody of the |
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1561 | 1469 | | agency or division: |
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1562 | 1470 | | (1) Texas Commission on Fire Protection; |
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1563 | 1471 | | (2) Texas State Board of Pharmacy; |
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1564 | 1472 | | (3) Department of State Health Services [and |
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1565 | 1473 | | Department of Aging and Disability Services]; |
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1566 | 1474 | | (4) Department of Public Safety of the State of Texas; |
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1567 | 1475 | | (5) Texas Department of Criminal Justice; |
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1568 | 1476 | | (6) Board of Pardons and Paroles; |
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1569 | 1477 | | (7) Parks and Wildlife Department; |
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1570 | 1478 | | (8) Railroad Commission of Texas; |
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1571 | 1479 | | (9) Texas Alcoholic Beverage Commission; |
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1572 | 1480 | | (10) Texas Department of Banking; |
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1573 | 1481 | | (11) Department of Savings and Mortgage Lending; |
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1574 | 1482 | | (12) Texas Juvenile Justice Department; |
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1575 | 1483 | | (13) Texas Commission on Environmental Quality; |
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1576 | 1484 | | (14) Texas Department of Licensing and Regulation |
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1577 | 1485 | | [Lottery Commission]; |
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1578 | 1486 | | (15) the office of the attorney general; |
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1579 | 1487 | | (16) Texas Department of Insurance; |
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1580 | 1488 | | (17) Texas Military Department; and |
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1581 | 1489 | | (18) an agency that receives an appropriation under an |
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1582 | 1490 | | article of the General Appropriations Act that appropriates money |
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1583 | 1491 | | to the legislature. |
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1585 | 1493 | | (1) Section 232.0021, Family Code; |
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1586 | 1494 | | (2) Section 411.108, Government Code; |
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1587 | 1495 | | (3) Section 466.012, Government Code; |
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1588 | 1496 | | (4) Section 466.016, Government Code; |
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1589 | 1497 | | (5) Section 466.028, Government Code; |
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1590 | 1498 | | (6) Sections 467.001(1) and (2), Government Code; |
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1591 | 1499 | | (7) the heading to Section 467.001, Government Code; |
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1592 | 1500 | | (8) Section 467.002, Government Code; |
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1593 | 1501 | | (9) Section 467.021, Government Code; |
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1594 | 1502 | | (10) Section 467.022, Government Code; |
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1595 | 1503 | | (11) Section 467.023, Government Code; |
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1596 | 1504 | | (12) Section 467.024, Government Code; |
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1597 | 1505 | | (13) Section 467.0255, Government Code; |
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1598 | 1506 | | (14) Section 467.026, Government Code; |
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1599 | 1507 | | (15) Section 467.027, Government Code; |
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1600 | 1508 | | (16) Section 467.028, Government Code; |
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1601 | 1509 | | (17) Section 467.029, Government Code; |
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1602 | 1510 | | (18) Section 467.030, Government Code; |
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1603 | 1511 | | (19) Section 467.031, Government Code; |
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1604 | 1512 | | (20) Section 467.032, Government Code; |
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1605 | 1513 | | (21) Section 467.033, Government Code; |
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1606 | 1514 | | (22) Section 467.034, Government Code; |
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1607 | 1515 | | (23) Section 467.035, Government Code; |
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1608 | 1516 | | (24) Section 467.037, Government Code; |
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1609 | 1517 | | (25) Section 467.102, Government Code; |
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1610 | 1518 | | (26) Section 467.103, Government Code; |
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1611 | 1519 | | (27) Section 467.109, Government Code; |
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1612 | 1520 | | (28) Section 467.110, Government Code; |
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1613 | 1521 | | (29) Section 467.111, Government Code; |
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1614 | 1522 | | (30) the headings to Subchapters A, B, and C, Chapter |
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1615 | 1523 | | 467, Government Code; |
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1616 | 1524 | | (31) the heading to Chapter 467, Government Code; |
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1617 | 1525 | | (32) Section 2001.051, Occupations Code; |
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1618 | 1526 | | (33) Section 2001.052, Occupations Code; |
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1619 | 1527 | | (34) Section 2001.060, Occupations Code; |
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1620 | 1528 | | (35) Section 2001.061, Occupations Code; |
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1621 | 1529 | | (36) Section 2001.307, Occupations Code; and |
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1622 | 1530 | | (37) Section 721.003(e), Transportation Code. |
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1624 | 1532 | | (1) all functions and activities performed by the |
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1625 | 1533 | | Texas Lottery Commission relating to the state lottery under |
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1626 | 1534 | | Chapter 466, Government Code, and the regulation of bingo |
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1627 | 1535 | | operations under Chapter 2001, Occupations Code, immediately |
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1628 | 1536 | | before that date are transferred to the Texas Commission of |
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1629 | 1537 | | Licensing and Regulation or the Texas Department of Licensing and |
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1630 | 1538 | | Regulation, as applicable; |
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1631 | 1539 | | (2) a rule, policy, procedure, decision, or form |
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1632 | 1540 | | adopted by the Texas Lottery Commission relating to Chapter 466 or |
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1633 | 1541 | | 467, Government Code, or Chapter 2001, Occupations Code, is a rule, |
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1634 | 1542 | | policy, procedure, decision, or form of the Texas Commission of |
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1635 | 1543 | | Licensing and Regulation or the Texas Department of Licensing and |
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1636 | 1544 | | Regulation, as applicable, and remains in effect until amended or |
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1637 | 1545 | | repealed by that commission or department unless the rule, policy, |
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1638 | 1546 | | procedure, decision, or form conflicts with the changes in law made |
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1639 | 1547 | | by this Act; |
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1640 | 1548 | | (3) unless the context clearly indicates otherwise, a |
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1641 | 1549 | | reference to the Texas Lottery Commission in a law or |
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1642 | 1550 | | administrative rule that relates to Chapter 466 or 467, Government |
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1643 | 1551 | | Code, or Chapter 2001, Occupations Code, means the Texas Commission |
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1644 | 1552 | | of Licensing and Regulation or the Texas Department of Licensing |
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1645 | 1553 | | and Regulation, as applicable; |
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1646 | 1554 | | (4) a complaint, investigation, or other proceeding |
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1647 | 1555 | | before the Texas Lottery Commission that is related to Chapter 466 |
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1648 | 1556 | | or 467, Government Code, or Chapter 2001, Occupations Code, is |
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1649 | 1557 | | transferred without change in status to the Texas Department of |
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1650 | 1558 | | Licensing and Regulation, and the Texas Department of Licensing and |
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1651 | 1559 | | Regulation assumes, as appropriate and without a change in status, |
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1652 | 1560 | | the position of the Texas Lottery Commission in an action or |
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1653 | 1561 | | proceeding to which the Texas Lottery Commission is a party; |
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1654 | 1562 | | (5) a license, permit, certification, or registration |
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1655 | 1563 | | in effect that was issued by the Texas Lottery Commission under |
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1656 | 1564 | | Chapter 466 or 467, Government Code, or Chapter 2001, Occupations |
---|
1657 | 1565 | | Code, is continued in effect as a license, permit, certification, |
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1658 | 1566 | | or registration of the Texas Department of Licensing and |
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1659 | 1567 | | Regulation; |
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1660 | 1568 | | (6) all money, contracts, leases, property, and |
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1661 | 1569 | | obligations of the Texas Lottery Commission relating to Chapter 466 |
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1662 | 1570 | | or 467, Government Code, or Chapter 2001, Occupations Code, are |
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1663 | 1571 | | transferred to the Texas Department of Licensing and Regulation; |
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1664 | 1572 | | and |
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1665 | 1573 | | (7) the unexpended and unobligated balance of any |
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1666 | 1574 | | money appropriated by the legislature for the Texas Lottery |
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1667 | 1575 | | Commission related to Chapter 466 or 467, Government Code, or |
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1668 | 1576 | | Chapter 2001, Occupations Code, is transferred to the Texas |
---|
1669 | 1577 | | Department of Licensing and Regulation. |
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1670 | | - | (b) On and after September 1, 2025, the Texas Lottery |
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| 1578 | + | (b) On September 1, 2025, all full-time equivalent employee |
---|
| 1579 | + | positions at the Texas Lottery Commission that primarily concern |
---|
| 1580 | + | the administration, auditing, accounting, enforcement, or other |
---|
| 1581 | + | direct and indirect support of Chapter 466 or 467, Government Code, |
---|
| 1582 | + | or Chapter 2001, Occupations Code, become positions at the Texas |
---|
| 1583 | + | Department of Licensing and Regulation. When filling the |
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| 1584 | + | positions, the Texas Department of Licensing and Regulation shall |
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| 1585 | + | give first consideration to an applicant who, as of August 31, 2025, |
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| 1586 | + | was an employee at the Texas Lottery Commission primarily involved |
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| 1587 | + | in administering or enforcing Chapter 466 or 467, Government Code, |
---|
| 1588 | + | or Chapter 2001, Occupations Code. |
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| 1589 | + | (c) On and after September 1, 2025, the Texas Lottery |
---|