Texas 2025 - 89th Regular

Texas Senate Bill SB3070 Compare Versions

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1-By: Hall, et al. S.B. No. 3070
1+89R29514 PRL-D
2+ By: Hall S.B. No. 3070
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67 A BILL TO BE ENTITLED
78 AN ACT
89 relating to the abolishment of the Texas Lottery Commission and the
910 transfer of the administration of the state lottery and the
1011 licensing and regulation of charitable bingo to the Texas
11- Commission of Licensing and Regulation; creating criminal
12- offenses.
12+ Commission of Licensing and Regulation; creating a criminal
13+ offense.
1314 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1415 SECTION 1. Section 411.093(a), Government Code, is amended
1516 to read as follows:
1617 (a) The Texas Department of Licensing and Regulation is
1718 entitled to obtain criminal history record information as provided
1819 by Subsection (b) that relates to:
1920 (1) an applicant for or the holder of:
2021 (A) a driver education instructor license under
2122 Chapter 1001, Education Code;
2223 (B) a license under Chapter 466;
2324 (C) a license under Chapter 202, Occupations
2425 Code;
2526 (D) [(C)] a license under Chapter 401,
2627 Occupations Code;
2728 (E) [(D)] a license under Chapter 402,
2829 Occupations Code; [or]
2930 (F) a license under Chapter 2001, Occupations
3031 Code; or
3132 (G) [(E)] an instructor license or motorcycle
3233 school license under Chapter 662, Transportation Code;
3334 (2) a person who is:
3435 (A) an applicant for or the holder of a license
3536 under Chapter 91, Labor Code; or
3637 (B) a controlling person, as defined by Chapter
3738 91, Labor Code, of an entity described by Paragraph (A); or
3839 (3) a person who:
3940 (A) is an applicant for or the holder of a license
4041 under Chapter 455, Occupations Code; or
4142 (B) has an interest described under Section
4243 455.1525(e), Occupations Code, in an entity described by Paragraph
4344 (A).
4445 SECTION 2. Section 411.467(d), Government Code, is amended
4546 to read as follows:
4647 (d) The department shall also send the alert to:
4748 (1) any appropriate law enforcement agency;
4849 (2) the Texas Department of Transportation;
4950 (3) the Texas Department of Licensing and Regulation
5051 [Lottery Commission]; and
5152 (4) the Independent Bankers Association of Texas.
5253 SECTION 3. Sections 466.002(1), (3), and (4), Government
5354 Code, are amended to read as follows:
5455 (1) "Commission" means the Texas [Lottery] Commission
5556 of Licensing and Regulation.
5657 (3) "Department" or "division [Division]" means the
5758 Texas Department of Licensing and Regulation [lottery division
5859 established by the commission under Chapter 467].
5960 (4) "Director" or "executive [Executive] director"
6061 means the executive director of the department [commission].
6162 SECTION 4. Subchapter A, Chapter 466, Government Code, is
6263 amended by adding Section 466.005 to read as follows:
6364 Sec. 466.005. LIMITED-SCOPE SUNSET REVIEW OF STATE LOTTERY.
6465 The Sunset Advisory Commission shall conduct a limited-scope review
6566 of the state lottery during the state fiscal biennium ending August
6667 31, 2027, in the manner provided by Chapter 325 (Texas Sunset Act).
6768 The review must provide an evaluation and recommendations regarding
6869 the continuation of the state lottery. Unless continued in
6970 existence, the state lottery is abolished and this chapter expires
7071 September 1, 2027.
7172 SECTION 5. The heading to Section 466.014, Government Code,
7273 is amended to read as follows:
7374 Sec. 466.014. POWERS AND DUTIES OF DEPARTMENT [COMMISSION]
7475 AND EXECUTIVE DIRECTOR.
7576 SECTION 6. Sections 466.014(a) and (d), Government Code,
7677 are amended to read as follows:
7778 (a) The department [commission] and executive director have
7879 broad authority and shall exercise strict control and close
7980 supervision over all lottery games conducted in this state to
8081 promote and ensure integrity, security, honesty, and fairness in
8182 the operation and administration of the lottery.
8283 (d) A contract between the department [division] and a
8384 lottery operator under Subsection (b) must contain a provision
8485 allowing the contract to be terminated without penalty if the
8586 department [division] is abolished.
86- SECTION 7. Section 466.015, Government Code, is amended by
87- amending Subsection (b) and adding Subsection (d) to read as
88- follows:
87+ SECTION 7. Section 466.015(b), Government Code, is amended
88+ to read as follows:
8989 (b) The commission shall adopt rules to the extent they are
9090 not inconsistent with Chapters 551 and 552 governing the:
9191 (1) security for the lottery and the commission,
9292 including the development of an internal security plan;
9393 (2) apportionment of the total revenues from the sale
9494 of tickets and from all other sources in the amounts provided by
9595 this chapter;
9696 (3) enforcement of prohibitions on the sale of tickets
9797 to or by an individual younger than 18 years of age; and
9898 (4) enforcement of prohibitions on a person playing or
9999 facilitating the play of a lottery game by telephone or through an
100100 Internet application or mobile Internet application in violation of
101101 Section 466.318.
102- (d) The commission may not adopt a rule under this section
103- that is inconsistent with any provision of state law.
104- SECTION 8. Subchapter B, Chapter 466, Government Code, is
105- amended by adding Sections 466.0171 and 466.0185 to read as
106- follows:
107- Sec. 466.0171. ANNUAL AUDIT. (a) The state auditor shall
108- annually conduct a comprehensive audit of the department's state
109- lottery program, including any department action taken relating to
110- the program.
111- (b) Each audit required by Subsection (a) must specifically
112- identify any lottery program action or activity that varies from a
113- lottery program action or activity identified in a preceding audit
114- conducted by the state auditor.
115- Sec. 466.0185. AUTHORIZED INSPECTION OF SALES AGENTS BY
116- CERTAIN STATE OFFICIALS. The governor, lieutenant governor,
117- speaker of the house of representatives, and attorney general are
118- department approved inspectors and are entitled to inspect the
119- operations of any lottery operator or sales agent.
120- SECTION 9. Section 466.018, Government Code, is amended to
102+ SECTION 8. Section 466.018, Government Code, is amended to
121103 read as follows:
122104 Sec. 466.018. INVESTIGATIONS. The attorney general, the
123105 district attorney for Travis County, or the district attorney,
124106 criminal district attorney, or county attorney performing the
125107 duties of district attorney for the county in which the violation or
126108 alleged violation occurred may investigate a violation or alleged
127109 violation of this chapter and of the penal laws of this state by the
128110 department [commission] or its employees, a sales agent, a lottery
129111 vendor, or a lottery operator.
130- SECTION 10. Section 466.019, Government Code, is amended to
112+ SECTION 9. Section 466.019, Government Code, is amended to
131113 read as follows:
132114 Sec. 466.019. ENFORCEMENT. (a) The executive director or
133115 designated personnel of the department [commission] may
134116 investigate violations of this chapter and violations of the rules
135117 adopted under this chapter. After conducting investigations, the
136118 executive director, a person designated by the department
137119 [commission], or any law enforcement agency may file a complaint
138120 with the district attorney of Travis County or with the district
139121 attorney of the county in which a violation is alleged to have
140122 occurred.
141123 (b) The executive director has the administrative,
142124 enforcement, and collection powers provided by Subtitle B, Title 2,
143125 Tax Code, in regard to the lottery. For purposes of the application
144126 of Title 2 of the Tax Code:
145127 (1) the state's share of proceeds from the sale of
146128 lottery tickets is treated as if it were a tax; and
147129 (2) a power granted to the comptroller may be
148130 exercised by the department [commission].
149- SECTION 11. Sections 466.020(a) and (d), Government Code,
131+ SECTION 10. Sections 466.020(a) and (d), Government Code,
150132 are amended to read as follows:
151133 (a) The executive director shall maintain a department of
152134 security within the financial crimes intelligence center
153135 established under Chapter 2312, Occupations Code [in the
154136 commission]. The executive director shall appoint a deputy to
155137 administer the department of security. The deputy must be
156138 qualified by training and experience in law enforcement or security
157139 to supervise, direct, and administer the activities of the
158140 department of security.
159141 (d) The Department of Public Safety, at the department's
160142 [commission's] request, shall perform a full criminal background
161143 investigation of a prospective deputy or investigator of the
162144 department of security. The department [commission] shall
163145 reimburse the Department of Public Safety for the actual costs of an
164146 investigation.
165- SECTION 12. Section 466.022, Government Code, is amended to
147+ SECTION 11. Section 466.022, Government Code, is amended to
166148 read as follows:
167149 Sec. 466.022. CONFIDENTIAL INFORMATION. (a) Except as
168150 otherwise provided by law, all department [commission] records are
169151 subject to public inspection in accordance with Chapter 552.
170152 (b) In addition to department [commission] records excepted
171153 from disclosure under Chapter 552, the following information is
172154 confidential and is exempt from disclosure:
173155 (1) security plans and procedures of the department
174156 [commission] designed to ensure the integrity and security of the
175157 operation of the lottery;
176158 (2) information of a nature that is designed to ensure
177159 the integrity and security of the selection of winning tickets or
178160 numbers in the lottery, other than information describing the
179161 general procedures for selecting winning tickets or numbers;
180162 (3) the street address and telephone number of a prize
181163 winner, if the prize winner has not consented to the release of the
182164 information; and
183165 (4) except as otherwise authorized by Section 466.411,
184166 all personally identifiable information of a natural person who is:
185167 (A) a lottery prize winner and who has chosen to
186168 remain anonymous under Section 466.411; or
187169 (B) an owner of a beneficial interest in a legal
188170 entity that is a lottery prize winner and who has chosen to remain
189171 anonymous under Section 466.411.
190- SECTION 13. Section 466.023(b), Government Code, is amended
172+ SECTION 12. Section 466.023(b), Government Code, is amended
191173 to read as follows:
192174 (b) An investigation report or other document submitted by
193175 the Department of Public Safety to the department [commission]
194176 becomes part of the investigative files of the department
195177 [commission] and is subject to discovery by a person that is the
196178 subject of the investigation report or other document.
197- SECTION 14. Section 466.026, Government Code, is amended to
179+ SECTION 13. Section 466.026, Government Code, is amended to
198180 read as follows:
199181 Sec. 466.026. AMBER ALERT. On receipt of notice by the
200182 Department of Public Safety that the Statewide Texas Amber Alert
201183 Network has been activated, the department [commission] shall
202184 disseminate Amber Alert information at its retail locations through
203185 the lottery operator system.
204- SECTION 15. Sections 466.027(a), (b), (c), and (d),
186+ SECTION 14. Sections 466.027(a), (b), (c), and (d),
205187 Government Code, are amended to read as follows:
206188 (a) The department [commission] shall operate an
207189 instant-ticket lottery game to benefit the fund for veterans'
208190 assistance established by Section 434.017.
209191 (b) The department [commission] shall:
210192 (1) determine the ticket price, payout amounts, and
211193 manner in which the game is conducted;
212194 (2) make tickets to the game available for sale
213195 continuously to the extent practicable; and
214196 (3) change the design or theme of the game regularly to
215197 ensure that the game remains competitive with other instant-ticket
216198 lottery games offered by the department [commission].
217199 (c) The department [commission] shall market and advertise
218200 the lottery game operated under this section in a manner intended to
219201 inform the public that the game tickets are available for purchase
220202 and that the game proceeds are used to fund veterans programs in
221203 this state. The game tickets must clearly state that the game
222204 proceeds are used to benefit the veterans in this state. The Texas
223205 Veterans Commission may make recommendations to the department
224206 [Texas Lottery Commission] relating to the marketing and
225207 advertising of the game.
226208 (d) The department [commission] shall encourage each sales
227209 agent that sells tickets to instant-ticket games or similar types
228210 of lottery games to sell tickets to the game operated under this
229211 section.
230- SECTION 16. Subchapter B, Chapter 466, Government Code, is
231- amended by adding Sections 466.029, 466.030, and 466.031 to read as
232- follows:
233- Sec. 466.029. PROHIBITED USE OF CERTAIN SOFTWARE PROGRAMS.
234- The department may not use any e-mail program or document
235- management software that automatically deletes an e-mail or other
236- document on expiration of a specified period.
237- Sec. 466.030. PRESERVATION OF LOTTERY-RELATED DOCUMENTS.
238- Notwithstanding any other law, the department shall preserve all
239- department documentation, including e-mails, relating to the
240- operation of the state lottery for at least 18 months from the last
241- date the document is modified.
242- Sec. 466.031. (a) The department shall post on the
243- department's Internet website for each informal or formal meeting
244- between department employees related to contracting, procurement,
245- or policymaking for the state lottery, at a minimum the following
246- information:
247- (1) the purpose of the meeting;
248- (2) the minutes of the meeting; and
249- (3) the name of each individual who attends the
250- meeting, including the name of any business with which the
251- individual is associated.
252- (b) The department shall maintain the information described
253- by Subsection (a) until at least the fifth anniversary of the
254- meeting date.
255- SECTION 17. Section 466.105(b), Government Code, is amended
212+ SECTION 15. Section 466.105(b), Government Code, is amended
256213 to read as follows:
257214 (b) Notwithstanding the provisions of Title 2, Utilities
258215 Code, the department [commission] may negotiate rates and execute
259216 contracts with telecommunications service providers for the
260217 interexchange services necessary for the operation of the
261218 lottery. The department [commission] may acquire transmission
262219 facilities by lease, purchase, or lease-purchase. The acquisition
263220 of transmission facilities must be done on a competitive bid basis
264221 if possible.
265- SECTION 18. Section 466.106(a), Government Code, is amended
222+ SECTION 16. Section 466.106(a), Government Code, is amended
266223 to read as follows:
267224 (a) In all contracts for lottery equipment, supplies,
268225 services, and advertising, the department [commission] and each
269226 lottery operator shall give preference to equipment or supplies
270227 produced in this state or services or advertising offered by
271228 bidders from this state, the cost to the state and quality being
272229 equal.
273- SECTION 19. Sections 466.107(a) and (c), Government Code,
230+ SECTION 17. Sections 466.107(a) and (c), Government Code,
274231 are amended to read as follows:
275232 (a) The executive director and each lottery operator shall
276233 take positive steps to:
277234 (1) inform minority businesses of opportunities to:
278235 (A) provide lottery equipment and supplies to the
279236 department [commission];
280237 (B) provide services, including advertising, to
281238 the department [commission] for the operation of the lottery; or
282239 (C) obtain a license to sell lottery tickets;
283240 (2) waive or modify bond requirements, if feasible;
284241 (3) award contracts for lottery equipment or supplies
285242 to minority businesses when possible;
286243 (4) award contracts for lottery services, including
287244 advertising, to minority businesses when possible;
288245 (5) license minority businesses as sales agents;
289246 (6) monitor the effectiveness of the efforts to
290247 increase the ability of minority businesses to do business with the
291248 department [commission]; and
292249 (7) require all bidders or contractors, when
293250 appropriate, to include specific plans or arrangements to use
294251 subcontracts with minority businesses.
295252 (c) The department [commission] shall annually report to
296253 the legislature and the governor on the level of minority business
297254 participation as pertains to both the department's [commission's]
298255 contracts and the licensing of sales agents. The report must
299256 include recommendations for the improvement of minority business
300257 opportunities in lottery-related business.
301- SECTION 20. Section 466.108, Government Code, is amended to
258+ SECTION 18. Section 466.108, Government Code, is amended to
302259 read as follows:
303260 Sec. 466.108. TELEVISION CONTRACTS. If the drawing or
304261 selection of winning tickets is televised under a contract with the
305262 department [commission], the contract must be awarded by
306263 competitive bid. The department [commission] shall adopt rules
307264 governing the competitive bidding process. Money received under
308265 the contract shall be deposited in the state lottery account
309266 established under Section 466.355.
310- SECTION 21. Section 466.109, Government Code, is amended to
267+ SECTION 19. Section 466.109, Government Code, is amended to
311268 read as follows:
312269 Sec. 466.109. PUBLICITY OF INDIVIDUALS PROHIBITED. (a) A
313270 state officer, including a commission member or the executive
314271 director, or an officer or employee of the department [commission],
315272 may not appear in an advertisement or promotion for the lottery that
316273 is sponsored by the department [commission] or in a televised
317274 lottery drawing. An advertisement or promotion for the lottery may
318275 not contain the likeness or name of a state officer, including a
319276 commission member or the executive director, or an officer or
320277 employee of the department [commission].
321278 (b) In connection with providing security for the lottery,
322279 this section does not prohibit a security officer or investigator
323280 employed by the department [commission] from appearing in a
324281 televised lottery drawing or other promotion for the lottery that
325282 is sponsored by the department [commission].
326283 (c) Notwithstanding this section, the executive director
327284 may designate an employee of the department [commission] to
328285 participate in a promotional event.
329- SECTION 22. Section 466.110, Government Code, is amended to
286+ SECTION 20. Section 466.110, Government Code, is amended to
330287 read as follows:
331288 Sec. 466.110. PROHIBITED ADVERTISEMENTS. The legislature
332289 intends that advertisements or promotions sponsored by the
333290 department [commission or the division] for the lottery not be of a
334291 nature that unduly influences any person to purchase a lottery
335292 ticket or number.
336- SECTION 23. Subchapter C, Chapter 466, Government Code, is
337- amended by adding Section 466.111 to read as follows:
338- Sec. 466.111. AUTOMATIC RENEWAL OF CERTAIN CONTRACTS
339- PROHIBITED. The department may not automatically renew or extend a
340- contract for goods or services relating to the operation,
341- implementation, and administration of the lottery under this
342- chapter that was entered into on or before September 1, 2025.
343- SECTION 24. Section 466.151(a), Government Code, is amended
293+ SECTION 21. Section 466.151(a), Government Code, is amended
344294 to read as follows:
345295 (a) If the executive director authorizes a person who is not
346296 an employee of the department [commission] to sell tickets, the
347297 person must be licensed as a sales agent by the department
348298 [commission].
349- SECTION 25. Sections 466.155(a), (b), (e), and (f),
299+ SECTION 22. Sections 466.155(a), (b), (e), and (f),
350300 Government Code, are amended to read as follows:
351301 (a) After a hearing, the executive director shall deny an
352302 application for a license or the department [commission] shall
353303 suspend or revoke a license if the executive director or department
354304 [commission], as applicable, finds that the applicant or sales
355305 agent:
356306 (1) is an individual who:
357307 (A) has been convicted of a felony, criminal
358308 fraud, gambling or a gambling-related offense, or a misdemeanor
359309 involving moral turpitude, if less than 10 years has elapsed since
360310 the termination of the sentence, parole, mandatory supervision, or
361311 probation served for the offense;
362312 (B) is or has been a professional gambler;
363313 (C) is married to an individual:
364314 (i) described in Paragraph (A) or (B); or
365315 (ii) who is currently delinquent in the
366316 payment of any state tax;
367317 (D) is an officer or employee of the department
368318 [commission] or a lottery operator; or
369319 (E) is a spouse, child, brother, sister, or
370320 parent residing as a member of the same household in the principal
371321 place of residence of a person described by Paragraph (D);
372322 (2) is not an individual, and an individual described
373323 in Subdivision (1):
374324 (A) is an officer or director of the applicant or
375325 sales agent;
376326 (B) holds more than 10 percent of the stock in the
377327 applicant or sales agent;
378328 (C) holds an equitable interest greater than 10
379329 percent in the applicant or sales agent;
380330 (D) is a creditor of the applicant or sales agent
381331 who holds more than 10 percent of the applicant's or sales agent's
382332 outstanding debt;
383333 (E) is the owner or lessee of a business that the
384334 applicant or sales agent conducts or through which the applicant
385335 will conduct a ticket sales agency;
386336 (F) shares or will share in the profits, other
387337 than stock dividends, of the applicant or sales agent; or
388338 (G) participates in managing the affairs of the
389339 applicant or sales agent;
390340 (3) has been finally determined to be delinquent in
391341 the payment of a tax or other money collected by the comptroller,
392342 the Texas Workforce Commission, or the Texas Alcoholic Beverage
393343 Commission;
394344 (4) is a person whose location for the sales agency is:
395345 (A) a location licensed for games of bingo under
396346 Chapter 2001, Occupations Code;
397347 (B) on land that is owned by:
398348 (i) this state; or
399349 (ii) a political subdivision of this state
400350 and on which is located a public primary or secondary school, an
401351 institution of higher education, or an agency of the state; or
402352 (C) a location for which a person holds a wine and
403353 malt beverage retailer's permit, mixed beverage permit, mixed
404354 beverage permit with a retailer late hours certificate, private
405355 club registration permit, or private club registration permit with
406356 a retailer late hours certificate issued under Chapter 25, 28, 29,
407357 or 32, Alcoholic Beverage Code, other than a location for which a
408358 person holds a wine and malt beverage retailer's permit issued
409359 under Chapter 25, Alcoholic Beverage Code, that derives less than
410360 30 percent of the location's gross receipts from the sale or service
411361 of alcoholic beverages; or
412362 (5) has violated this chapter or a rule adopted under
413363 this chapter.
414364 (b) If the executive director proposes to deny an
415365 application for a license or the department [commission] proposes
416366 to suspend or revoke a license under this section, the applicant or
417367 sales agent is entitled to written notice of the time and place of
418368 the hearing. A notice may be served on an applicant or sales agent
419369 personally or sent by certified or registered mail, return receipt
420370 requested, to the person's mailing address as it appears on the
421371 department's [commission's] records. A notice must be served or
422372 mailed not later than the 20th day before the date of the hearing.
423373 The department [commission] shall provide for a formal
424374 administrative hearings process.
425375 (e) The executive director may not issue a license to a
426376 person who has previously had a license under this chapter revoked
427377 unless the executive director is satisfied the person will comply
428378 with this chapter and the rules adopted under this chapter. The
429379 executive director may prescribe the terms under which a suspended
430380 license will be reissued.
431381 (f) The executive director may not issue a license to an
432382 applicant who fails to certify to the executive director the
433383 applicant's compliance with the federal Americans with
434384 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
435- SECTION 26. Sections 466.160(a), (b), and (d), Government
385+ SECTION 23. Sections 466.160(a), (b), and (d), Government
436386 Code, are amended to read as follows:
437387 (a) The department [commission] may suspend a sales agent's
438388 license summarily without notice or hearing if the department
439389 [commission] finds that the action is necessary to maintain the
440390 integrity, security, honesty, or fairness of the operation or
441391 administration of the lottery or to prevent financial loss to the
442392 state and:
443393 (1) the sales agent fails to deposit money received
444394 from ticket sales under Section 466.351;
445395 (2) an event occurs that would render the sales agent
446396 ineligible for a license under Section 466.155;
447397 (3) the sales agent refuses to permit the executive
448398 director, the department [director, the commission], or the state
449399 auditor to examine the agent's books, records, papers, or other
450400 objects under Section 466.017(b); or
451401 (4) the executive director learns the sales agent has
452402 failed to disclose information that would, if disclosed, render the
453403 sales agent ineligible for a license under Section 466.155.
454404 (b) The department [commission] may summarily suspend a
455405 sales agent's license if proceedings for a preliminary hearing
456406 before the State Office of Administrative Hearings are initiated
457407 simultaneously with the summary suspension. The preliminary
458408 hearing shall be set for a date not later than 10 days after the date
459409 of the summary suspension, unless the parties agree to a later date.
460410 (d) To initiate a proceeding to summarily suspend a sales
461411 agent's license, the department [commission] must serve notice to
462412 the sales agent informing the agent of the right to a preliminary
463413 hearing and of the time and place of the preliminary hearing. The
464414 notice must be personally served on the sales agent or an officer,
465415 employee, or agent of the sales agent or sent by certified or
466416 registered mail, return receipt requested, to the sales agent's
467417 mailing address as it appears on the department's [commission's]
468418 records. The notice must state the alleged violations that
469419 constitute grounds for summary suspension. The suspension is
470420 effective at the time the notice is served. If notice is served in
471421 person, the sales agent shall immediately surrender the license to
472422 the department [commission]. If notice is served by mail, the sales
473423 agent shall immediately return the license to the department
474424 [commission]. If the sales agent uses an on-line electronic
475425 terminal to sell tickets, the executive director or a lottery
476426 operator on the instructions of the executive director may
477427 terminate the connection of the terminal to the department's
478428 [commission's] lottery computer at the time:
479429 (1) the proceeding to summarily suspend the license is
480430 initiated; or
481431 (2) the department [division] discovers the sales
482432 agent has failed to deposit money received from ticket sales, if the
483433 sales agent's license is being summarily suspended under Subsection
484434 (a)(1).
485- SECTION 27. Sections 466.161(b) and (c), Government Code,
435+ SECTION 24. Sections 466.161(b) and (c), Government Code,
486436 are amended to read as follows:
487437 (b) This section does not waive any immunity of the
488438 department [commission] or this state.
489439 (c) This section does not create a cause of action against
490440 this state, the department [commission], a department [commission]
491441 employee, or a sales agent.
492- SECTION 28. Section 466.201, Government Code, is amended to
442+ SECTION 25. Section 466.201, Government Code, is amended to
493443 read as follows:
494444 Sec. 466.201. ACCESS TO CRIMINAL HISTORY RECORD
495445 INFORMATION. (a) The department [commission] is entitled to
496446 conduct an investigation of and is entitled to obtain criminal
497447 history record information maintained by the Department of Public
498448 Safety, the Federal Bureau of Investigation Identification
499449 Division, or another law enforcement agency to assist in the
500450 investigation of:
501451 (1) a sales agent or an applicant for a sales agent
502452 license;
503453 (2) a person required to be named in a license
504454 application;
505455 (3) a lottery operator or prospective lottery
506456 operator;
507457 (4) an employee of a lottery operator or prospective
508458 lottery operator, if the employee is or will be directly involved in
509459 lottery operations;
510460 (5) a person who manufactures or distributes lottery
511461 equipment or supplies, or a representative of a person who
512462 manufactures or distributes lottery equipment or supplies offered
513463 to the lottery;
514464 (6) a person who has submitted a written bid or
515465 proposal to the department [commission] in connection with the
516466 procurement of goods or services by the department [commission], if
517467 the amount of the bid or proposal exceeds $500;
518468 (7) an employee or other person who works for or will
519469 work for a sales agent or an applicant for a sales agent license;
520470 (8) a person who proposes to enter into or who has a
521471 contract with the department [commission] to supply goods or
522472 services to the department [commission]; or
523473 (9) if a person described in Subdivisions (1) through
524474 (8) is not an individual, an individual who:
525475 (A) is an officer or director of the person;
526476 (B) holds more than 10 percent of the stock in the
527477 person;
528478 (C) holds an equitable interest greater than 10
529479 percent in the person;
530480 (D) is a creditor of the person who holds more
531481 than 10 percent of the person's outstanding debt;
532482 (E) is the owner or lessee of a business that the
533483 person conducts or through which the person will conduct
534484 lottery-related activities;
535485 (F) shares or will share in the profits, other
536486 than stock dividends, of the person;
537487 (G) participates in managing the affairs of the
538488 person; or
539489 (H) is an employee of the person who is or will be
540490 involved in:
541491 (i) selling tickets; or
542492 (ii) handling money from the sale of
543493 tickets.
544494 (b) The department [commission] shall conduct an
545495 investigation of and obtain criminal history record information
546496 maintained by the Department of Public Safety, the Federal Bureau
547497 of Investigation Identification Division, or another law
548498 enforcement agency to assist in the investigation of:
549499 (1) the executive director or a prospective executive
550500 director; or
551501 (2) an employee or prospective employee of the
552502 department [commission].
553503 (c) Not later than the first anniversary after the date of
554504 each renewal, the department [commission] shall obtain criminal
555505 history record information maintained by the Department of Public
556506 Safety on a sales agent whose license is renewed under Section
557507 466.158.
558- SECTION 29. Section 466.202, Government Code, is amended to
508+ SECTION 26. Section 466.202, Government Code, is amended to
559509 read as follows:
560510 Sec. 466.202. FINGERPRINTS. (a) The executive director
561511 may discharge from employment an employee of the department
562512 [commission] who fails to provide a complete legible set of
563513 fingerprints on request. The executive director may refuse to
564514 consider a prospective employee of the department [commission] who
565515 fails to provide a complete legible set of fingerprints on request.
566516 (b) The executive director may deny an application for a
567517 license or the department [commission] may suspend or revoke a
568518 license if the applicant or sales agent fails on request to provide
569519 a complete legible set of fingerprints of a person required to be
570520 named in a license application.
571- SECTION 30. Sections 466.203(a) and (c), Government Code,
521+ SECTION 27. Sections 466.203(a) and (c), Government Code,
572522 are amended to read as follows:
573523 (a) The executive director may request the cooperation of
574524 the Department of Public Safety to perform a background
575525 investigation of a person listed in Section 466.201(a) or (b). The
576526 executive director shall reimburse the Department of Public Safety
577527 [department] for the actual cost of an investigation.
578528 (c) Unless otherwise prohibited by law, the Department of
579529 Public Safety may retain any record or information submitted to it
580530 under this section. The Department of Public Safety [department]
581531 shall notify the executive director of any change in information
582532 provided to the executive director when the Department of Public
583533 Safety [department] learns of the change.
584- SECTION 31. Section 466.204, Government Code, is amended to
534+ SECTION 28. Section 466.204, Government Code, is amended to
585535 read as follows:
586536 Sec. 466.204. ACCESS TO INTERNAL REVENUE SERVICE
587537 INFORMATION. The executive director may obtain information
588538 relating to a person's qualification for licensing, employment, or
589539 contracting under this chapter from the Internal Revenue Service
590540 under a contract between the comptroller and the Internal Revenue
591541 Service on:
592542 (1) a sales agent or an applicant for a sales agent
593543 license;
594544 (2) an employee or prospective employee of the
595545 department [commission];
596546 (3) a person required to be named in a license
597547 application;
598548 (4) a lottery operator or prospective lottery
599549 operator;
600550 (5) an employee of a lottery operator or prospective
601551 lottery operator, if the employee is or will be directly involved in
602552 lottery operations;
603553 (6) a person who manufactures or distributes lottery
604554 equipment or supplies, or a representative of a person who
605555 manufactures or distributes lottery equipment or supplies offered
606556 to the lottery;
607557 (7) a person who has submitted a written bid or
608558 proposal to the department [commission] in connection with the
609559 procurement of goods or services by the department [commission];
610560 (8) an employee or other person who works for or will
611561 work for a sales agent or an applicant for a sales agent license; or
612562 (9) a person who proposes to enter into or who has a
613563 contract with the department [commission] to supply goods or
614564 services to the department [commission].
615- SECTION 32. Section 466.254, Government Code, is amended to
565+ SECTION 29. Section 466.254, Government Code, is amended to
616566 read as follows:
617567 Sec. 466.254. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO
618- CERTAIN PERSONS; CRIMINAL OFFENSE. (a) A person may not purchase
619- a ticket or claim, collect, or receive a lottery prize or a share of
620- a lottery prize if the person is:
568+ CERTAIN PERSONS. A person may not purchase a ticket or claim,
569+ collect, or receive a lottery prize or a share of a lottery prize if
570+ the person is:
621571 (1) a member, officer, or employee of a person that has
622572 a contract with the department [commission] to sell or lease goods
623573 or services used in the operation of the lottery, and the member,
624574 officer, or employee is directly involved in selling or leasing the
625575 goods or performing the services that are the subject of the
626576 contract with the department [commission];
627577 (2) a member, officer, or employee of a lottery
628578 operator;
629579 (3) an officer or employee of the department
630580 [commission]; or
631581 (4) a spouse, child, brother, sister, or parent
632582 residing as a member of the same household in the principal place of
633583 residence of a person described by Subdivision (1), (2), or (3).
634- (b) A person commits an offense if the person violates
635- Subsection (a). An offense under this subsection is a Class A
636- misdemeanor.
637- SECTION 33. Subchapter F, Chapter 466, Government Code, is
638- amended by adding Sections 466.255, 466.257, and 466.258 to read as
639- follows:
584+ SECTION 30. Subchapter F, Chapter 466, Government Code, is
585+ amended by adding Section 466.255 to read as follows:
640586 Sec. 466.255. LIMITATION ON NUMBER OF LOTTERY TICKETS PER
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
668590 to read as follows:
669591 (a) A person commits an offense if the person intentionally
670592 or knowingly sells a ticket at a price the person knows is greater
671593 than that fixed by the department [commission] or by the lottery
672594 operator authorized to set that price.
673- SECTION 36. Sections 466.3051(a) and (d), Government Code,
595+ SECTION 32. Sections 466.3051(a) and (d), Government Code,
674596 are amended to read as follows:
675597 (a) A sales agent or an employee of a sales agent commits an
676598 offense if with criminal negligence the person [intentionally or
677599 knowingly] sells or offers to sell a ticket to an individual that
678600 the person knows is younger than 18 years of age.
679601 (d) It is a defense to the application of Subsection (b)
680602 that the individual younger than 18 years of age is participating in
681603 an inspection or investigation on behalf of the department
682604 [commission] or other appropriate governmental entity regarding
683605 compliance with this section.
684- SECTION 37. Section 466.3052(a), Government Code, is
606+ SECTION 33. Section 466.3052(a), Government Code, is
685607 amended to read as follows:
686608 (a) A person commits an offense if the person intentionally
687609 or knowingly sells a ticket and the person accepts anything other
688610 than the following as payment for the ticket:
689611 (1) United States currency;
690612 (2) a negotiable instrument in the form of a check that
691613 meets the requirements of Section 3.104, Business & Commerce Code;
692614 (3) a debit made through a financial institution debit
693615 card;
694616 (4) a coupon or voucher issued by the department
695617 [commission] for purposes of purchasing a lottery ticket; or
696618 (5) a mail order subscription on a mail order
697619 subscription form authorized by the department [commission].
698- SECTION 38. Section 466.311(b), Government Code, is amended
620+ SECTION 34. Section 466.311(b), Government Code, is amended
699621 to read as follows:
700622 (b) A person commits an offense if the person knowingly
701623 refuses to produce for inspection by the [director,] executive
702624 director, department [commission], or state auditor a book, record,
703625 or document required to be maintained or made by this chapter or a
704626 rule adopted under this chapter.
705- SECTION 39. Subchapter G, Chapter 466, Government Code, is
627+ SECTION 35. Subchapter G, Chapter 466, Government Code, is
706628 amended by adding Section 466.318 to read as follows:
707629 Sec. 466.318. PLAY OR FACILITATING PLAY BY TELEPHONE OR BY
708630 INTERNET OR MOBILE INTERNET APPLICATION. (a) A person may not by
709631 telephone or through an Internet application or mobile Internet
710632 application:
711633 (1) purchase or order the purchase of a ticket for a
712634 lottery game; or
713635 (2) for compensation:
714636 (A) accept an order for a ticket for a lottery
715637 game from a player;
716638 (B) sell a ticket for a lottery game to a player;
717639 or
718640 (C) arrange:
719641 (i) to purchase a ticket on behalf of a
720642 person playing a lottery game; or
721643 (ii) for another person to purchase a
722644 ticket on behalf of a person playing a lottery game.
723645 (b) A person commits an offense if the person violates this
724646 section.
725- (c) An offense under Subsection (a)(1) is a Class A
647+ (c) An offense under Subsection (a)(1) is a Class C
726648 misdemeanor.
727649 (d) An offense under Subsection (a)(2) is a Class A
728650 misdemeanor.
729- SECTION 40. Sections 466.408(a), (c), and (f), Government
651+ SECTION 36. Sections 466.408(a), (c), and (f), Government
730652 Code, are amended to read as follows:
731653 (a) The department [division] shall retain an unclaimed
732654 prize on a winning ticket for payment or delivery to the person
733655 entitled to the prize for 180 days after the date on which the
734656 winner was selected.
735657 (c) If a claim is not made for a prize other than prize money
736658 on or before the 180th day after the date on which the winner was
737659 selected, the prize shall revert to the department [division] for
738660 use in subsequent games.
739661 (f) The department [commission] may deduct money paid to an
740662 eligible person under Subsection (e) from prize money that would
741663 otherwise be deposited under Subsection (b).
742- SECTION 41. Sections 466.410(a), (b), (d), (f), (g), and
664+ SECTION 37. Sections 466.410(a), (b), (d), (f), (g), and
743665 (j), Government Code, are amended to read as follows:
744666 (a) A person may assign, in whole or in part, the right to
745667 receive prize payments that are paid by the department [commission]
746668 in installments over time if the assignment is made to a person
747669 designated by an order of a district court of Travis County, except
748670 that a person may not assign the right to receive prize payments if
749671 the person is subject to a child support order and is delinquent in
750672 making support payments under that order.
751673 (b) A district court shall issue an order approving a
752674 voluntary assignment and directing the department [commission] to
753675 direct prize payments in whole or in part to the assignee if:
754676 (1) a copy of the petition for the order and copies of
755677 all notices of any hearing in the matter have been served on the
756678 executive director not later than 20 days prior to any hearing or
757679 entry of any order. The department [commission] may intervene in a
758680 proceeding to protect the interests of the department [commission]
759681 but shall not be considered an indispensable or necessary party. A
760682 petition filed under this section shall include in the caption the
761683 prize winner's name as it appears on the lottery claim form;
762684 (2) the assignment is in writing, executed by the
763685 assignor and assignee (or designated agent), and by its terms
764686 subject to the laws of this state; and
765687 (3) the assignor provides a sworn and notarized
766688 affidavit stating that the assignor:
767689 (A) is of sound mind, over 18 years of age, is in
768690 full command of the person's faculties, and is not acting under
769691 duress;
770692 (B) is not delinquent in payment of child support
771693 under a court or administrative order issued in this state or
772694 another state;
773695 (C) has been advised regarding the assignment by
774696 independent legal counsel and has had the opportunity to receive
775697 independent financial and tax advice concerning the effects of the
776698 assignment;
777699 (D) understands that the assignor will not
778700 receive the prize payments, or portions of the prize payments, for
779701 the assigned years;
780702 (E) understands and agrees that with regard to
781703 the assigned payments, the state, the department [commission], and
782704 its officials and employees will have no further liability or
783705 responsibility to make the assigned payments to the assignor;
784706 (F) has been provided a one-page written
785707 disclosure statement stating, in boldfaced type, 14 points or
786708 larger:
787709 (i) the payments being assigned, by amounts
788710 and payment dates;
789711 (ii) the purchase price being paid, if any;
790712 (iii) if a purchase price is paid, the rate
791713 of discount to the present value of the prize, assuming daily
792714 compounding and funding on the contract date; and
793715 (iv) the amount, if any, of any origination
794716 or closing fees that will be charged to the assignor; and
795717 (G) was advised in writing, at the time the
796718 assignment was signed, that the assignor had the right to cancel
797719 without any further obligation not later than the third business
798720 day after the date the assignment was signed.
799721 (d) With respect to any given prize, the order shall also
800722 recite and identify all prior assignments by amount of or fraction
801723 of payment assigned, the identity of the assignee, and the date(s)
802724 of payment(s) assigned. A court order obtained pursuant to this
803725 section, together with all such prior orders, shall not require the
804726 department [commission] to divide any single prize payment among
805727 more than three different persons.
806728 (f) A certified copy of a court order granted under this
807729 section shall be delivered to the department [commission] and such
808730 order must be provided to the department [commission] no later than
809731 20 days prior to the date upon which the first assigned payment is
810732 to be paid to the assignee. Within 20 days of receipt of the court
811733 order, the department [commission] shall acknowledge in writing to
812734 both the assignor and the assignee its receipt of said court order.
813735 Unless the department [commission] provides written notice to the
814736 assignor and assignee that the department [commission] cannot
815737 comply with the court order, the department [commission] shall
816738 thereafter make the prize payments in accordance with the court
817739 order.
818740 (g) The department [commission] shall establish and collect
819741 a reasonable fee to defray any administrative expenses associated
820742 with an assignment made under this section, including the cost to
821743 the department [commission] of any processing fee imposed by a
822744 private annuity provider. The department [commission] shall
823745 establish the amount of the fee to reflect the direct and indirect
824746 costs associated with processing the assignment.
825747 (j) After receiving a letter or ruling from the Internal
826748 Revenue Service or a published decision of a court as provided by
827749 Subsection (i)(1) or (2), the executive director shall immediately
828750 file a copy of the letter, ruling, or published decision with the
829751 secretary of state. When the executive director files a copy of the
830752 letter, ruling, or published decision with the secretary of state,
831753 an assignor is ineligible to assign a prize under this section, and
832754 the department [commission] shall not make any payment to an
833755 assignee pursuant to a court order entered after the date of such
834756 letter or ruling.
835- SECTION 42. Sections 466.411(b) and (d), Government Code,
757+ SECTION 38. Sections 466.411(b) and (d), Government Code,
836758 are amended to read as follows:
837759 (b) The department [commission] may release or disclose the
838760 personally identifiable information of a natural person who is a
839761 lottery prize winner if the person chooses to have the prize paid in
840762 periodic installments. The department [commission] may only
841763 disclose the information on or after the 30th day after the date the
842764 person claims the lottery prize if the person chooses to remain
843765 anonymous under Subsection (a).
844766 (d) This section does not prohibit release of a natural
845767 person prize winner's city or county of residence or prevent the
846768 department [commission] from releasing the person's personally
847769 identifiable information to the Health and Human Services
848770 Commission or as necessary to comply with Section 466.407 or
849771 466.4075.
850- SECTION 43. Section 466.451, Government Code, is amended to
772+ SECTION 39. Section 466.451, Government Code, is amended to
851773 read as follows:
852774 Sec. 466.451. MULTIJURISDICTION AGREEMENT AUTHORIZED. The
853775 department [commission] may enter into a written agreement with the
854776 appropriate officials of one or more other states or other
855777 jurisdictions, including foreign countries, to participate in the
856778 operation, marketing, and promotion of a multijurisdiction lottery
857779 game or games. The commission may adopt rules relating to a
858780 multijurisdiction lottery game or games.
859- SECTION 44. Section 466.452(b), Government Code, is amended
781+ SECTION 40. Section 466.452(b), Government Code, is amended
860782 to read as follows:
861783 (b) The department [commission] may deposit a portion of the
862784 revenue received from the sale of multijurisdiction lottery game
863785 tickets in this state into a fund shared with other parties to an
864786 agreement under this subchapter for the payment of prizes awarded
865787 in multijurisdiction lottery games in which the department
866788 [commission] participates. The department [commission] may retain
867789 that revenue in the fund for as long as necessary to pay prizes
868790 claimed during the period designated for claiming a prize in the
869791 multijurisdiction lottery game.
870- SECTION 45. Section 466.453, Government Code, is amended to
792+ SECTION 41. Section 466.453, Government Code, is amended to
871793 read as follows:
872794 Sec. 466.453. PAYMENT OF COSTS AUTHORIZED. The department
873795 [commission] may share in the payment of costs associated with
874796 participating in multijurisdiction lottery games.
875- SECTION 46. Section 544.0456(c), Government Code, is
797+ SECTION 42. Section 544.0456(c), Government Code, is
876798 amended to read as follows:
877799 (c) On a monthly basis, the commission shall:
878800 (1) conduct electronic data matches with the Texas
879801 Department of Licensing and Regulation [Lottery Commission] to
880802 determine whether a recipient of supplemental nutrition assistance
881803 benefits or a recipient's household member received reportable
882804 lottery winnings;
883805 (2) use the database system developed under Section
884806 532.0201 to:
885807 (A) match vital statistics unit death records
886808 with a list of individuals eligible for financial assistance or
887809 supplemental nutrition assistance benefits; and
888810 (B) ensure that any individual receiving
889811 assistance under either program who is discovered to be deceased
890812 has the individual's eligibility for assistance promptly
891813 terminated; and
892814 (3) review the out-of-state electronic benefit
893815 transfer card transactions a recipient of supplemental nutrition
894816 assistance benefits made to determine whether those transactions
895817 indicate a possible change in the recipient's residence.
896- SECTION 47. Sections 572.003(b) and (c), Government Code,
818+ SECTION 43. Sections 572.003(b) and (c), Government Code,
897819 are amended to read as follows:
898820 (b) The term means:
899821 (1) the banking commissioner [Banking Commissioner]
900822 of the Texas [The Banking] Department of Banking [Texas];
901823 (2) the administrative director of the Office of Court
902824 Administration of the Texas Judicial System;
903825 (3) the chief executive of the Office of Public
904826 Utility Counsel;
905827 (4) the executive director of the State Bar of Texas;
906828 (5) [the director of the lottery division of the Texas
907829 Lottery Commission;
908830 [(6) the deputy in charge of the department of
909831 security in the lottery division of the Texas Lottery Commission;
910832 [(7)] the executive director of the [bingo division of
911833 the] Texas Department of Licensing and Regulation [Lottery
912834 Commission]; or
913835 (6) [(8)] the secretary of state.
914836 (c) The term means a member of:
915837 (1) the Public Utility Commission of Texas;
916838 (2) the Texas Commission on Environmental Quality;
917839 (3) the Texas Alcoholic Beverage Commission;
918840 (4) the Finance Commission of Texas;
919841 (5) the Texas Facilities Commission;
920842 (6) the Texas Board of Criminal Justice;
921843 (7) the board of trustees of the Employees Retirement
922844 System of Texas;
923845 (8) the Texas Transportation Commission;
924846 (9) the Texas Department of Insurance;
925847 (10) the Parks and Wildlife Commission;
926848 (11) the Public Safety Commission;
927849 (12) the Texas Ethics Commission;
928850 (13) the State Securities Board;
929851 (14) the Texas Water Development Board;
930852 (15) the governing board of a public senior college or
931853 university as defined by Section 61.003, Education Code, or of The
932854 University of Texas Southwestern Medical Center, The University of
933855 Texas Medical Branch at Galveston, The University of Texas Health
934856 Science Center at Houston, The University of Texas Health Science
935857 Center at San Antonio, The University of Texas M. D. Anderson Cancer
936858 Center, The University of Texas Health Science Center at Tyler,
937859 University of North Texas Health Science Center at Fort Worth,
938860 Texas Tech University Health Sciences Center, Texas State Technical
939861 College--Harlingen, Texas State Technical College--Marshall, Texas
940862 State Technical College--Sweetwater, or Texas State Technical
941863 College--Waco;
942864 (16) the Texas Higher Education Coordinating Board;
943865 (17) the Texas Workforce Commission;
944866 (18) the board of trustees of the Teacher Retirement
945867 System of Texas;
946868 (19) the Credit Union Commission;
947869 (20) the School Land Board;
948870 (21) the board of the Texas Department of Housing and
949871 Community Affairs;
950872 (22) the Texas Racing Commission;
951873 (23) the State Board of Dental Examiners;
952874 (24) the Texas Medical Board;
953875 (25) the Board of Pardons and Paroles;
954876 (26) the Texas State Board of Pharmacy;
955877 (27) the Department of Information Resources
956878 governing board;
957879 (28) the board of the Texas Department of Motor
958880 Vehicles;
959881 (29) the Texas Real Estate Commission;
960882 (30) the board of directors of the State Bar of Texas;
961883 (31) the Bond Review Board;
962884 (32) the Health and Human Services Commission;
963885 (33) the Texas Funeral Service Commission;
964886 (34) the board of directors of a river authority
965887 created under the Texas Constitution or a statute of this state; or
966888 (35) [the Texas Lottery Commission; or
967889 [(36)] the Cancer Prevention and Research Institute of
968890 Texas.
969- SECTION 48. Section 2054.007(a), Government Code, is
970- amended to read as follows:
971- (a) The lottery program [division] of the Texas [Lottery]
972- Commission of Licensing and Regulation is not subject to the
973- planning and procurement requirements of this chapter.
974- SECTION 49. Sections 467.001(3), (4), (5), (6), (7), (8),
891+ SECTION 44. Sections 467.001(3), (4), (5), (6), (7), (8),
975892 (9), (10), and (11), Government Code, are transferred to Section
976893 51.001, Occupations Code, redesignated as Sections 51.001(1-b),
977894 (2-a), (2-b), (4-a), (4-b), (4-c), (4-d), (4-e), and (4-f),
978895 Occupations Code, and amended to read as follows:
979896 (1-b) [(3)] "Communicate directly with" has the
980897 meaning assigned by Section 305.002, Government Code.
981898 (2-a) [(4)] "Gift" includes a gratuity, trip, meal, or
982899 other thing of value for which the recipient does not compensate the
983900 person making the gift and that is not conferred on account of
984901 kinship or a personal, professional, or business relationship
985902 independent of the official status of the recipient.
986903 (2-b) [(5)] "Legislation" has the meaning assigned by
987904 Section 305.002, Government Code.
988905 (4-a) [(6)] "Member of the legislative branch" has the
989906 meaning assigned by Section 305.002, Government Code.
990907 (4-b) [(7)] "Participated" means to have taken action
991908 as an officer or employee through decision, approval, disapproval,
992909 recommendation, giving advice, or similar action.
993910 (4-c) [(8)] "Particular matter" includes an
994911 investigation, an application, a request for a ruling or
995912 determination, a license proceeding, rulemaking, a contract, a
996913 controversy, a claim, a charge, an accusation, an arrest, or a
997914 judicial or other proceeding.
998915 (4-d) [(9)] "Person that has a significant financial
999916 interest in the lottery" means:
1000917 (A) a person or a board member, officer, trustee,
1001918 or general partner of a person that manufactures, distributes,
1002919 sells, or produces lottery equipment, supplies, services, or
1003920 advertising;
1004921 (B) an employee of a person that manufactures,
1005922 distributes, sells, or produces lottery equipment, supplies,
1006923 services, or advertising and that employee is directly involved in
1007924 the manufacturing, distribution, selling, or production of lottery
1008925 equipment, supplies, services, or advertising;
1009926 (C) a person or a board member, officer, trustee,
1010927 or general partner of a person that has made a bid to operate the
1011928 lottery in the preceding two years or that intends to make a bid to
1012929 operate the lottery or an employee of the person if the employee is
1013930 directly involved in making the bid; or
1014931 (D) a sales agent.
1015932 (4-e) [(10)] "Political committee" has the meaning
1016933 assigned by Section 251.001, Election Code.
1017934 (4-f) [(11)] "Political contribution" has the meaning
1018935 assigned by Section 251.001, Election Code.
1019- SECTION 50. Section 51.002, Occupations Code, is amended to
936+ SECTION 45. Section 51.002, Occupations Code, is amended to
1020937 read as follows:
1021938 Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas
1022939 Commission of Licensing and Regulation and the Texas Department of
1023940 Licensing and Regulation are subject to Chapter 325, Government
1024941 Code (Texas Sunset Act). Unless continued in existence as provided
1025942 by that chapter, the commission and the department are abolished
1026943 and Chapter 2001 of this code expires September 1, 2033.
1027- SECTION 51. Section 51.053, Occupations Code, is amended by
944+ SECTION 46. Section 51.053, Occupations Code, is amended by
1028945 adding Subsection (b-1) to read as follows:
1029946 (b-1) In addition to the eligibility requirements provided
1030947 by Subsection (b), a person is not eligible for appointment as a
1031948 member of the commission if the person:
1032949 (1) has been convicted of a felony or of any crime
1033950 involving moral turpitude; or
1034951 (2) is not a citizen of the United States.
1035- SECTION 52. Section 467.025, Government Code, is
952+ SECTION 47. Section 467.025, Government Code, is
1036953 transferred to Subchapter B, Chapter 51, Occupations Code,
1037954 redesignated as Section 51.061, Occupations Code, and amended to
1038955 read as follows:
1039956 Sec. 51.061 [467.025]. PROHIBITED CONDUCT. (a) A
1040957 commission member may not:
1041958 (1) accept any employment or remuneration from:
1042959 (A) a person that has a significant financial
1043960 interest in the lottery; or
1044961 (B) a bingo commercial lessor, bingo
1045962 distributor, or bingo manufacturer;
1046963 (2) play any lottery or bingo game conducted in this
1047964 state;
1048965 (3) accept or be entitled to accept any part of the
1049966 winnings to be paid from a lottery or bingo game conducted in this
1050967 state;
1051968 (4) use the member's official authority to affect the
1052969 result of an election or nomination for public office; or
1053970 (5) directly or indirectly coerce, attempt to coerce,
1054971 command, or advise a person to pay, lend, or contribute anything of
1055972 value to another person for political purposes.
1056973 (b) A commission member or former commission member or the
1057974 spouse of a commission member or former commission member may not
1058975 solicit or accept employment from a person regulated by the
1059976 commission before the second anniversary of the date on which the
1060977 commission member's service on the commission ends.
1061- SECTION 53. Section 467.036, Government Code, is
978+ SECTION 48. Section 467.036, Government Code, is
1062979 transferred to Subchapter B, Chapter 51, Occupations Code,
1063980 redesignated as Section 51.062, Occupations Code, and amended to
1064981 read as follows:
1065982 Sec. 51.062 [467.036]. ACCESS TO CRIMINAL HISTORY
1066983 RECORDS. (a) The governor shall conduct an investigation of and
1067984 is entitled to obtain criminal history record information
1068985 maintained by the Department of Public Safety, the Federal Bureau
1069986 of Investigation Identification Division, or another law
1070987 enforcement agency relating to an individual the governor intends
1071988 to appoint to the commission.
1072989 (b) The commission shall conduct an investigation of and is
1073990 entitled to obtain criminal history record information maintained
1074991 by the Department of Public Safety, the Federal Bureau of
1075992 Investigation Identification Division, or another law enforcement
1076993 agency relating to an individual the commission intends to employ.
1077- SECTION 54. Section 467.101, Government Code, is
994+ SECTION 49. Section 467.101, Government Code, is
1078995 transferred to Subchapter D, Chapter 51, Occupations Code,
1079996 redesignated as Section 51.2011, Occupations Code, and amended to
1080997 read as follows:
1081998 Sec. 51.2011 [467.101]. POWERS AND DUTIES OF COMMISSION
1082999 REGARDING STATE LOTTERY AND BINGO REGULATION. (a) The commission
10831000 has broad authority and shall exercise strict control and close
10841001 supervision over all activities authorized and conducted in this
10851002 state under:
10861003 (1) Chapter 2001 [, Occupations Code]; and
10871004 (2) Chapter 466, Government Code [of this code].
10881005 (b) The commission shall ensure that games are conducted
10891006 fairly and in compliance with the law.
10901007 (c) The commission also has the powers and duties granted
10911008 under:
10921009 (1) Chapter 2001 [, Occupations Code]; and
10931010 (2) Chapter 466, Government Code [of this code].
1094- SECTION 55. Section 467.104, Government Code, is
1011+ SECTION 50. Section 467.104, Government Code, is
10951012 transferred to Subchapter D, Chapter 51, Occupations Code,
10961013 redesignated as Section 51.212, Occupations Code, and amended to
10971014 read as follows:
10981015 Sec. 51.212 [467.104]. LOTTERY AND BINGO PROGRAM RECORDS.
10991016 (a) Except as otherwise provided by law, all commission records
11001017 relating to the state lottery under Chapter 466, Government Code,
11011018 and the regulation of charitable bingo under Chapter 2001 are
11021019 subject to public inspection in accordance with Chapter 552,
11031020 Government Code.
11041021 (b) The executive director shall keep the records described
11051022 by Subsection (a) [of the commission].
1106- SECTION 56. Section 467.105, Government Code, is
1023+ SECTION 51. Section 467.105, Government Code, is
11071024 transferred to Subchapter D, Chapter 51, Occupations Code,
11081025 redesignated as Section 51.213, Occupations Code, and amended to
11091026 read as follows:
11101027 Sec. 51.213 [467.105]. LEGAL REPRESENTATION. (a) The
11111028 attorney general shall designate at least one member of the
11121029 attorney general's staff to counsel and advise the commission and
11131030 to represent the commission in legal proceedings. The attorney
11141031 general shall make available to the appropriate prosecuting
11151032 attorneys any information obtained regarding a violation of a law
11161033 under the commission's jurisdiction.
11171034 (b) The attorney general may apply for injunctive or
11181035 declaratory relief to enforce a law under the commission's
11191036 jurisdiction or a rule adopted by the commission. Action by the
11201037 attorney general under this subsection does not limit the authority
11211038 of the attorney general or a prosecuting attorney to bring a
11221039 criminal proceeding.
1123- SECTION 57. Section 467.106, Government Code, is
1040+ SECTION 52. Section 467.106, Government Code, is
11241041 transferred to Subchapter D, Chapter 51, Occupations Code,
11251042 redesignated as Section 51.214, Occupations Code, and amended to
11261043 read as follows:
11271044 Sec. 51.214 [467.106]. GIFT OR POLITICAL CONTRIBUTION TO
11281045 OFFICER OR EMPLOYEE. (a) A commission member, the executive
11291046 director, or an employee of the department [commission] may not
11301047 intentionally or knowingly accept a gift or political contribution
11311048 from:
11321049 (1) a person that has a significant financial interest
11331050 in the lottery;
11341051 (2) a person related in the first degree of
11351052 consanguinity or affinity to a person that has a significant
11361053 financial interest in the lottery;
11371054 (3) a person that owns more than a 10 percent interest
11381055 in an entity that has a significant financial interest in the
11391056 lottery;
11401057 (4) a political committee that is directly
11411058 established, administered, or controlled, in whole or in part, by a
11421059 person that has a significant financial interest in the lottery; or
11431060 (5) a person who, within the two years preceding the
11441061 date of the gift or contribution, won a lottery prize exceeding $600
11451062 in amount or value.
11461063 (b) A person may not make a gift or political contribution
11471064 to a person known by the actor to be a commission member, the
11481065 executive director, or an employee of the department [commission],
11491066 if the actor:
11501067 (1) has a significant financial interest in the
11511068 lottery;
11521069 (2) is related in the first degree of consanguinity or
11531070 affinity to a person that has a significant financial interest in
11541071 the lottery;
11551072 (3) owns more than a 10 percent interest in an entity
11561073 that has a significant financial interest in the lottery;
11571074 (4) is a political committee that is directly
11581075 established, administered, or controlled, in whole or in part, by a
11591076 person that has a significant financial interest in the lottery; or
11601077 (5) within the two years preceding the date of the gift
11611078 or contribution, won a lottery prize exceeding $600 in amount or
11621079 value.
11631080 (c) A person commits an offense if the person violates this
11641081 section. An offense under this section is a Class A misdemeanor.
1165- SECTION 58. Section 467.107, Government Code, is
1082+ SECTION 53. Section 467.107, Government Code, is
11661083 transferred to Subchapter D, Chapter 51, Occupations Code,
11671084 redesignated as Section 51.215, Occupations Code, and amended to
11681085 read as follows:
11691086 Sec. 51.215 [467.107]. GIFT OR POLITICAL CONTRIBUTION TO
11701087 FORMER OFFICER OR EMPLOYEE. (a) A former commission member,
11711088 former executive director, or former employee of the department
11721089 [commission] may not, before the second anniversary of the date
11731090 that the person's service in office or employment with the
11741091 department [commission] ceases, intentionally or knowingly accept
11751092 a gift or political contribution from:
11761093 (1) a person that has a significant financial interest
11771094 in the lottery;
11781095 (2) a person related in the first degree of
11791096 consanguinity or affinity to a person that has a significant
11801097 financial interest in the lottery;
11811098 (3) a person that owns more than a 10 percent interest
11821099 in an entity that has a significant financial interest in the
11831100 lottery;
11841101 (4) a political committee that is directly
11851102 established, administered, or controlled, in whole or in part, by a
11861103 person that has a significant financial interest in the lottery; or
11871104 (5) a person who, within the two years preceding the
11881105 date of the gift or contribution, won a lottery prize exceeding $600
11891106 in amount or value.
11901107 (b) A person may not make a gift or political contribution
11911108 to a person known by the actor to be a former commission member,
11921109 former executive director, or former employee of the department
11931110 [commission], if the actor:
11941111 (1) has a significant financial interest in the
11951112 lottery;
11961113 (2) is related in the first degree of consanguinity or
11971114 affinity to a person that has a significant financial interest in
11981115 the lottery;
11991116 (3) owns more than a 10 percent interest in an entity
12001117 that has a significant financial interest in the lottery;
12011118 (4) is a political committee that is directly
12021119 established, administered, or controlled, in whole or in part, by a
12031120 person that has a significant financial interest in the lottery; or
12041121 (5) within the two years preceding the date of the gift
12051122 or contribution, won a lottery prize exceeding $600 in amount or
12061123 value.
12071124 (c) A person commits an offense if the person violates this
12081125 section. An offense under this section is a Class A misdemeanor.
1209- SECTION 59. Section 467.108, Government Code, is
1126+ SECTION 54. Section 467.108, Government Code, is
12101127 transferred to Subchapter D, Chapter 51, Occupations Code,
12111128 redesignated as Section 51.216, Occupations Code, and amended to
12121129 read as follows:
12131130 Sec. 51.216 [467.108]. REPRESENTATION BY FORMER OFFICER
12141131 OR EMPLOYEE. (a) A former commission member or [,] former
12151132 executive director [, or former director] may not:
12161133 (1) for compensation, represent a person that has made
12171134 or intends to make a bid to operate the lottery before the
12181135 department [commission] before the second anniversary of the date
12191136 that the person's service in office or employment with the
12201137 department [commission] ceases;
12211138 (2) represent any person or receive compensation for
12221139 services rendered on behalf of any person regarding a particular
12231140 matter in which the former officer or employee participated during
12241141 the period of service or employment with the department
12251142 [commission], either through personal involvement or because the
12261143 matter was within the scope of the officer's or employee's official
12271144 responsibility; or
12281145 (3) for compensation communicate directly with a
12291146 member of the legislative branch to influence legislation on behalf
12301147 of a person that has a significant financial interest in the
12311148 lottery, before the second anniversary of the date that the
12321149 person's service in office or employment with the department
12331150 [commission] ceases.
12341151 (b) A person commits an offense if the person violates this
12351152 section. An offense under this section is a Class A misdemeanor.
1236- SECTION 60. Subchapter D, Chapter 51, Occupations Code, is
1153+ SECTION 55. Subchapter D, Chapter 51, Occupations Code, is
12371154 amended by adding Sections 51.217 and 51.218 to read as follows:
12381155 Sec. 51.217. LOTTERY ADVISORY COMMITTEE. (a) The
12391156 commission shall establish a lottery advisory committee to provide
12401157 external expertise on the lottery. The commission shall appoint to
12411158 the advisory committee members who represent a balance of
12421159 interests, including representatives of:
12431160 (1) the public;
12441161 (2) licensed sales agents;
12451162 (3) interest groups with divergent viewpoints on the
12461163 lottery and lottery operations; and
12471164 (4) entities associated with or benefiting from the
12481165 lottery's contributions to this state.
1249- (b) In appointing advisory committee members under
1250- Subsection (a), the commission shall appoint:
1251- (1) one member with experience in lottery law
1252- enforcement;
1253- (2) one member with experience in lottery legal
1254- matters; and
1255- (3) one member with experience in lottery finance.
1256- (c) A lottery advisory committee member serves at the
1166+ (b) A lottery advisory committee member serves at the
12571167 pleasure of the commission.
1258- (d) A lottery advisory committee member is not entitled to
1168+ (c) A lottery advisory committee member is not entitled to
12591169 receive compensation for serving as a member. A member is entitled
12601170 to reimbursement for reasonable expenses incurred in performing
12611171 duties as a member.
1262- (e) The lottery advisory committee shall:
1172+ (d) The lottery advisory committee shall:
12631173 (1) advise the commission and department on the needs
12641174 and problems of this state's lottery industry;
12651175 (2) comment on proposed lottery rules during
12661176 development and before final adoption unless an emergency requires
12671177 immediate action by the commission;
12681178 (3) annually report to the commission and department
12691179 on the advisory committee's activities;
12701180 (4) annually brief the commission and department on
12711181 advancements and challenges in this state's lottery industry; and
12721182 (5) perform other duties as determined by the
12731183 commission or department.
1274- (f) The commission shall adopt rules to govern the lottery
1184+ (e) The commission shall adopt rules to govern the lottery
12751185 advisory committee, including rules on:
12761186 (1) member composition, appointment procedures, and
12771187 terms;
12781188 (2) quorum requirements for advisory committee
12791189 meetings;
12801190 (3) additional representation requirements for and
12811191 qualifications of advisory committee members, including experience
12821192 or geographic location;
12831193 (4) any necessary training requirements for advisory
12841194 committee members; and
12851195 (5) the method for the public to provide comments on
12861196 issues the advisory committee considers.
1287- (g) The lottery advisory committee shall meet quarterly or
1197+ (f) The lottery advisory committee shall meet quarterly or
12881198 at the commission's or department's request.
1289- (h) The commission may not adopt a rule that restricts the
1199+ (g) The commission may not adopt a rule that restricts the
12901200 lottery advisory committee from discussing any lottery-related
12911201 topic.
1292- (i) Each meeting of the lottery advisory committee shall be
1293- open to the public.
12941202 Sec. 51.218. ANNUAL REPORT. (a) The department annually
12951203 shall submit a report to the governor and the legislature that:
12961204 (1) includes a summary of lottery revenue, prize
12971205 disbursements, and other expenses for the state fiscal year
12981206 preceding the report;
12991207 (2) includes a comprehensive business plan to guide
13001208 the department's major lottery initiatives that contains:
13011209 (A) specific goals for the department; and
13021210 (B) an evaluation of:
13031211 (i) the department's overall performance on
13041212 lottery operations;
13051213 (ii) the effectiveness of specific lottery
13061214 programs and initiatives;
13071215 (iii) the efficiency of the department's
13081216 lottery operations;
13091217 (iv) the amount of lottery revenue
13101218 generated for state purposes other than the payment of prizes; and
13111219 (v) the factors affecting the amount of
13121220 lottery revenue received and disbursed, including ticket sales and
13131221 administrative efficiency;
13141222 (3) addresses the trends and issues related to
13151223 violations of state laws under the department's lottery and bingo
13161224 jurisdiction identified:
13171225 (A) in complaints submitted under Section 51.252
13181226 as analyzed to identify the trends and issues by alleged violation
13191227 type and to evaluate the effectiveness of the department's
13201228 enforcement process; and
13211229 (B) through an inspection, audit, or other means
13221230 of regulating lottery operations under Chapter 466, Government
13231231 Code, and bingo under Chapter 2001;
13241232 (4) includes for the preceding calendar year
13251233 charitable bingo information on:
13261234 (A) the total amount reported by licensed
13271235 authorized organizations of adjusted gross receipts from bingo
13281236 operations under Chapter 2001;
13291237 (B) the total amount reported by licensed
13301238 authorized organizations of net proceeds from bingo operations
13311239 under Chapter 2001; and
13321240 (C) a comparison of the amounts reported under
13331241 Paragraphs (A) and (B), including the percentage the net proceeds
13341242 represents compared to the adjusted gross receipts; and
13351243 (5) provides biennial recommendations to the
13361244 legislature on emerging trends, technological advancements,
13371245 regulatory developments, and market dynamics affecting the lottery
13381246 and bingo industries.
13391247 (b) For purposes of Subsection (a)(4):
13401248 (1) the term "adjusted gross receipts" means the
13411249 amount remaining after deducting prizes paid but excluding prize
13421250 fees collected from bingo players; and
13431251 (2) the department shall determine the total amount of
13441252 net proceeds in a manner that does not reduce gross receipts by the
13451253 amount of rent paid for the rental of bingo premises by a licensed
13461254 authorized organization to another licensed authorized
13471255 organization if the other organization pays rent for the premises
13481256 to a licensed commercial lessor.
1349- SECTION 61. Section 2001.002, Occupations Code, is amended
1257+ SECTION 56. Section 2001.002, Occupations Code, is amended
13501258 by amending Subdivisions (8) and (25-a) and adding Subdivisions
13511259 (8-a) and (10) to read as follows:
13521260 (8) "Commission" means the Texas [Lottery] Commission
13531261 of Licensing and Regulation.
13541262 (8-a) "Department" means the Texas Department of
13551263 Licensing and Regulation.
13561264 (10) "Executive director" means the executive
13571265 director of the department.
13581266 (25-a) "Regular license" means a license to conduct
13591267 bingo issued by the department [commission] under Subchapter C that
13601268 is not a temporary license.
1361- SECTION 62. Section 2001.003, Occupations Code, is amended
1269+ SECTION 57. Section 2001.003, Occupations Code, is amended
13621270 to read as follows:
13631271 Sec. 2001.003. REGULATORY FUNDING FROM LICENSE FEES AND
13641272 BINGO PRIZE FEES. It is the intent of the legislature that the
13651273 funding necessary for the administration of this chapter by the
13661274 department [commission] be collected by the department
13671275 [commission] from commercial lessor, manufacturer, and distributor
13681276 license fees and money paid to the department [commission] by bingo
13691277 players as bingo prize fees.
1370- SECTION 63. The heading to Subchapter B, Chapter 2001,
1278+ SECTION 58. The heading to Subchapter B, Chapter 2001,
13711279 Occupations Code, is amended to read as follows:
13721280 SUBCHAPTER B. DEPARTMENT [COMMISSION] POWERS AND DUTIES
1373- SECTION 64. Subchapter B, Chapter 2001, Occupations Code,
1281+ SECTION 59. Subchapter B, Chapter 2001, Occupations Code,
13741282 is amended by adding Section 2001.0501 to read as follows:
13751283 Sec. 2001.0501. ALLOCATION OF POWERS AND DUTIES. A power
13761284 granted or duty assigned to the commission under this chapter is a
13771285 power or duty of the executive director, the department, or the
13781286 commission, as established by commission rule.
1379- SECTION 65. Section 2001.053, Occupations Code, is amended
1287+ SECTION 60. Section 2001.053, Occupations Code, is amended
13801288 to read as follows:
13811289 Sec. 2001.053. OFFICERS AND INVESTIGATORS. The department
13821290 [commission] may employ officers or investigators the department
13831291 [commission] considers necessary to administer this chapter.
1384- SECTION 66. Sections 2001.056(b), (c), (d), and (e),
1292+ SECTION 61. Sections 2001.056(b), (c), (d), and (e),
13851293 Occupations Code, are amended to read as follows:
13861294 (b) A license holder may not use or distribute a bingo card
13871295 unless the card has been approved by the department [commission].
13881296 (c) The department [commission] may set the price or adopt a
13891297 schedule of prices for the sale or provision of bingo cards by a
13901298 licensed authorized organization.
13911299 (d) A licensed authorized organization may not sell or
13921300 provide a bingo card at a price other than a price authorized by the
13931301 department [commission] or a schedule adopted by the department
13941302 [commission].
13951303 (e) The commission by rule may require a licensed authorized
13961304 organization to notify the department [commission] of the price for
13971305 bingo cards the organization will use for one or more reporting
13981306 periods.
1399- SECTION 67. Section 2001.057, Occupations Code, is amended
1307+ SECTION 62. Section 2001.057, Occupations Code, is amended
14001308 by amending Subsections (a), (e), (f), and (g) and adding
14011309 Subsection (h) to read as follows:
14021310 (a) The commission shall [may] appoint a bingo advisory
14031311 committee consisting of nine members. The commission shall appoint
14041312 members representing a balance of interests including
14051313 representatives of:
14061314 (1) the public;
14071315 (2) charities that operate bingo games; and
14081316 (3) commercial and charity lessors that participate in
14091317 the bingo industry.
14101318 (e) The bingo advisory committee shall [may]:
14111319 (1) advise the commission and department on the needs
14121320 and problems of the state's bingo industry;
14131321 (2) comment on rules involving bingo during their
14141322 development and before final adoption unless an emergency requires
14151323 immediate action by the commission;
14161324 (3) report annually to the commission and department
14171325 on the committee's activities; [and]
14181326 (4) annually brief the commission and department on
14191327 advancements and challenges in this state's bingo industry; and
14201328 (5) perform other duties as determined by the
14211329 commission or department.
14221330 (f) The bingo advisory committee shall [may] meet quarterly
14231331 or at the commission's or department's request.
14241332 (g) The commission shall [may] adopt rules:
14251333 (1) to govern the operations of the bingo advisory
14261334 committee; and
14271335 (2) to prohibit the committee's involvement in
14281336 committee member selection.
14291337 (h) The commission may not adopt a rule that prohibits or
14301338 restricts the bingo advisory committee from discussing any
14311339 bingo-related topic. This subsection may not be construed to
14321340 require action by the commission on each item submitted by the
14331341 committee or otherwise alter the commission's decision-making
14341342 authority.
1435- SECTION 68. Section 2001.058, Occupations Code, is amended
1343+ SECTION 63. Section 2001.058, Occupations Code, is amended
14361344 to read as follows:
14371345 Sec. 2001.058. PUBLIC INFORMATION. (a) The department
14381346 [commission] shall provide to any person on request a printed copy
14391347 of this chapter and the rules applicable to the enforcement of this
14401348 chapter.
14411349 (b) The department [commission] may charge a reasonable
14421350 amount for a copy provided under this section.
1443- SECTION 69. Sections 2001.059(b) and (f), Occupations Code,
1351+ SECTION 64. Sections 2001.059(b) and (f), Occupations Code,
14441352 are amended to read as follows:
14451353 (b) The commission shall respond to a request under
14461354 Subsection (a) not later than the later of the second commission
14471355 meeting or the 60th day after the date a request is received, unless
14481356 the commission determines that the request does not contain
14491357 sufficient facts to provide an answer on which the requestor may
14501358 rely. In that event, the commission shall request additional
14511359 information from the requestor not later than the 10th day after the
14521360 date the request is received. If the commission requests
14531361 additional information, the commission shall respond to the request
14541362 not later than the later of the second commission meeting or the
14551363 60th day after the date additional information is received pursuant
14561364 to the request for additional information.
14571365 (f) The commission may delegate all or part of the authority
14581366 and procedures for issuing advisory opinions under this section to
14591367 an employee of the department [commission].
1460- SECTION 70. Section 2001.152, Occupations Code, is amended
1368+ SECTION 65. Section 2001.152, Occupations Code, is amended
14611369 by amending Subsection (b) and adding Subsection (c) to read as
14621370 follows:
14631371 (b) Notwithstanding Subsection (a) and subject to
14641372 Subsection (c), a person who was a licensed commercial lessor on
14651373 June 10, 1989, whose license has been in effect continuously since
14661374 that date, and who is otherwise eligible for the license may renew
14671375 the license.
14681376 (c) The commission may place an administrative hold on the
14691377 license of a licensed commercial lessor described by Subsection (b)
14701378 for a period the commission determines not to exceed 10 years. If
14711379 the administrative hold on the license remains on the last day of
14721380 that period:
14731381 (1) the commission shall remove the administrative
14741382 hold; and
14751383 (2) the lessor is not eligible to renew the license as
14761384 a continuous license holder under Subsection (b).
1477- SECTION 71. Section 2001.557, Occupations Code, is amended
1385+ SECTION 66. Section 2001.557, Occupations Code, is amended
14781386 by amending Subsection (a) and adding Subsection (c) to read as
14791387 follows:
14801388 (a) The department [commission], its officers or agents, or
14811389 a state, municipal, or county peace officer may enter and inspect
14821390 the contents of premises where:
14831391 (1) bingo is being conducted or intended to be
14841392 conducted; or
14851393 (2) equipment used or intended for use in bingo is
14861394 found.
14871395 (c) In developing and implementing a policy or procedure
14881396 under Subsection (b), the commission shall consult with the bingo
14891397 advisory committee established under Section 2001.057 to
14901398 collaboratively define and implement specific fiscal
14911399 accountability criteria for inspections of premises.
1492- SECTION 72. Sections 2001.560(c), (c-1), (c-2), and (e),
1400+ SECTION 67. Sections 2001.560(c), (c-1), (c-2), and (e),
14931401 Occupations Code, are amended to read as follows:
14941402 (c) The department [commission] or a person authorized in
14951403 writing by the department [commission] may examine the books,
14961404 papers, records, equipment, and place of business of a license
14971405 holder and may investigate the character of the license holder's
14981406 business to verify the accuracy of a return, statement, or report
14991407 made, or, if no return is made by the license holder, to ascertain
15001408 and determine the amount required to be paid.
15011409 (c-1) The commission by rule shall develop a policy for
15021410 auditing license holders. The department [bingo division] shall
15031411 use audit risk analysis procedures established by the commission
15041412 to:
15051413 (1) annually identify the [which] license holders
15061414 [are] most at risk of violating this chapter or rules adopted under
15071415 this chapter, including consideration of license holder compliance
15081416 history in the identification; and
15091417 (2) develop a plan for auditing the identified license
15101418 holders that includes:
15111419 (A) a schedule for the audits of the identified
15121420 license holders;
15131421 (B) procedures to annually update the plan based
15141422 on successive risk analyses; and
15151423 (C) a completion date for each audit that is not
15161424 later than the fifth anniversary of the date the license holder was
15171425 identified as a candidate for audit.
15181426 (c-2) The department [bingo division] shall provide to the
15191427 commission a copy of the auditing plan developed under Subsection
15201428 (c-1).
15211429 (e) If the department [commission] determines that a person
15221430 is not complying with this chapter, the department [commission]
15231431 shall notify the attorney general and the governing body of the
15241432 appropriate political subdivision.
1525- SECTION 73. Subchapter B, Chapter 2312, Occupations Code,
1433+ SECTION 68. Subchapter B, Chapter 2312, Occupations Code,
15261434 is amended by adding Section 2312.0545 to read as follows:
15271435 Sec. 2312.0545. CENTER'S DEPARTMENT OF SECURITY. (a) The
15281436 center shall maintain a department of security within the center as
15291437 required by Section 466.020, Government Code.
15301438 (b) The center's department of security may identify and
15311439 respond to criminal activity related to financial crimes associated
15321440 with the state lottery and charitable bingo.
1533- SECTION 74. Section 47.09(a), Penal Code, is amended to
1441+ SECTION 69. Section 47.09(a), Penal Code, is amended to
15341442 read as follows:
15351443 (a) It is a defense to prosecution under this chapter that
15361444 the conduct:
15371445 (1) was authorized under:
15381446 (A) Chapter 2001, Occupations Code;
15391447 (B) Chapter 2002, Occupations Code;
15401448 (C) Chapter 2004, Occupations Code;
15411449 (D) Subtitle A-1, Title 13, Occupations Code
15421450 (Texas Racing Act); or
15431451 (E) Chapter 280, Finance Code;
15441452 (2) consisted entirely of participation in the state
15451453 lottery authorized by Chapter 466, Government Code; or
15461454 (3) was a necessary incident to the operation of the
15471455 state lottery and was directly or indirectly authorized by:
15481456 (A) Chapter 466, Government Code;
15491457 (B) [the lottery division of the Texas Lottery
15501458 Commission;
15511459 [(C)] the Texas Department of Licensing and
15521460 Regulation [Lottery Commission]; or
15531461 (C) [(D)] the executive director of [the lottery
15541462 division of] the Texas Department of Licensing and Regulation
15551463 [Lottery Commission].
1556- SECTION 75. Section 721.003(a), Transportation Code, is
1464+ SECTION 70. Section 721.003(a), Transportation Code, is
15571465 amended to read as follows:
15581466 (a) The governing bodies of the following state agencies or
15591467 divisions by rule may exempt from the requirements of Section
15601468 721.002 a motor vehicle that is under the control and custody of the
15611469 agency or division:
15621470 (1) Texas Commission on Fire Protection;
15631471 (2) Texas State Board of Pharmacy;
15641472 (3) Department of State Health Services [and
15651473 Department of Aging and Disability Services];
15661474 (4) Department of Public Safety of the State of Texas;
15671475 (5) Texas Department of Criminal Justice;
15681476 (6) Board of Pardons and Paroles;
15691477 (7) Parks and Wildlife Department;
15701478 (8) Railroad Commission of Texas;
15711479 (9) Texas Alcoholic Beverage Commission;
15721480 (10) Texas Department of Banking;
15731481 (11) Department of Savings and Mortgage Lending;
15741482 (12) Texas Juvenile Justice Department;
15751483 (13) Texas Commission on Environmental Quality;
15761484 (14) Texas Department of Licensing and Regulation
15771485 [Lottery Commission];
15781486 (15) the office of the attorney general;
15791487 (16) Texas Department of Insurance;
15801488 (17) Texas Military Department; and
15811489 (18) an agency that receives an appropriation under an
15821490 article of the General Appropriations Act that appropriates money
15831491 to the legislature.
1584- SECTION 76. The following provisions are repealed:
1492+ SECTION 71. The following provisions are repealed:
15851493 (1) Section 232.0021, Family Code;
15861494 (2) Section 411.108, Government Code;
15871495 (3) Section 466.012, Government Code;
15881496 (4) Section 466.016, Government Code;
15891497 (5) Section 466.028, Government Code;
15901498 (6) Sections 467.001(1) and (2), Government Code;
15911499 (7) the heading to Section 467.001, Government Code;
15921500 (8) Section 467.002, Government Code;
15931501 (9) Section 467.021, Government Code;
15941502 (10) Section 467.022, Government Code;
15951503 (11) Section 467.023, Government Code;
15961504 (12) Section 467.024, Government Code;
15971505 (13) Section 467.0255, Government Code;
15981506 (14) Section 467.026, Government Code;
15991507 (15) Section 467.027, Government Code;
16001508 (16) Section 467.028, Government Code;
16011509 (17) Section 467.029, Government Code;
16021510 (18) Section 467.030, Government Code;
16031511 (19) Section 467.031, Government Code;
16041512 (20) Section 467.032, Government Code;
16051513 (21) Section 467.033, Government Code;
16061514 (22) Section 467.034, Government Code;
16071515 (23) Section 467.035, Government Code;
16081516 (24) Section 467.037, Government Code;
16091517 (25) Section 467.102, Government Code;
16101518 (26) Section 467.103, Government Code;
16111519 (27) Section 467.109, Government Code;
16121520 (28) Section 467.110, Government Code;
16131521 (29) Section 467.111, Government Code;
16141522 (30) the headings to Subchapters A, B, and C, Chapter
16151523 467, Government Code;
16161524 (31) the heading to Chapter 467, Government Code;
16171525 (32) Section 2001.051, Occupations Code;
16181526 (33) Section 2001.052, Occupations Code;
16191527 (34) Section 2001.060, Occupations Code;
16201528 (35) Section 2001.061, Occupations Code;
16211529 (36) Section 2001.307, Occupations Code; and
16221530 (37) Section 721.003(e), Transportation Code.
1623- SECTION 77. (a) On September 1, 2025:
1531+ SECTION 72. (a) On September 1, 2025:
16241532 (1) all functions and activities performed by the
16251533 Texas Lottery Commission relating to the state lottery under
16261534 Chapter 466, Government Code, and the regulation of bingo
16271535 operations under Chapter 2001, Occupations Code, immediately
16281536 before that date are transferred to the Texas Commission of
16291537 Licensing and Regulation or the Texas Department of Licensing and
16301538 Regulation, as applicable;
16311539 (2) a rule, policy, procedure, decision, or form
16321540 adopted by the Texas Lottery Commission relating to Chapter 466 or
16331541 467, Government Code, or Chapter 2001, Occupations Code, is a rule,
16341542 policy, procedure, decision, or form of the Texas Commission of
16351543 Licensing and Regulation or the Texas Department of Licensing and
16361544 Regulation, as applicable, and remains in effect until amended or
16371545 repealed by that commission or department unless the rule, policy,
16381546 procedure, decision, or form conflicts with the changes in law made
16391547 by this Act;
16401548 (3) unless the context clearly indicates otherwise, a
16411549 reference to the Texas Lottery Commission in a law or
16421550 administrative rule that relates to Chapter 466 or 467, Government
16431551 Code, or Chapter 2001, Occupations Code, means the Texas Commission
16441552 of Licensing and Regulation or the Texas Department of Licensing
16451553 and Regulation, as applicable;
16461554 (4) a complaint, investigation, or other proceeding
16471555 before the Texas Lottery Commission that is related to Chapter 466
16481556 or 467, Government Code, or Chapter 2001, Occupations Code, is
16491557 transferred without change in status to the Texas Department of
16501558 Licensing and Regulation, and the Texas Department of Licensing and
16511559 Regulation assumes, as appropriate and without a change in status,
16521560 the position of the Texas Lottery Commission in an action or
16531561 proceeding to which the Texas Lottery Commission is a party;
16541562 (5) a license, permit, certification, or registration
16551563 in effect that was issued by the Texas Lottery Commission under
16561564 Chapter 466 or 467, Government Code, or Chapter 2001, Occupations
16571565 Code, is continued in effect as a license, permit, certification,
16581566 or registration of the Texas Department of Licensing and
16591567 Regulation;
16601568 (6) all money, contracts, leases, property, and
16611569 obligations of the Texas Lottery Commission relating to Chapter 466
16621570 or 467, Government Code, or Chapter 2001, Occupations Code, are
16631571 transferred to the Texas Department of Licensing and Regulation;
16641572 and
16651573 (7) the unexpended and unobligated balance of any
16661574 money appropriated by the legislature for the Texas Lottery
16671575 Commission related to Chapter 466 or 467, Government Code, or
16681576 Chapter 2001, Occupations Code, is transferred to the Texas
16691577 Department of Licensing and Regulation.
1670- (b) On and after September 1, 2025, the Texas Lottery
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
1584+ positions, the Texas Department of Licensing and Regulation shall
1585+ give first consideration to an applicant who, as of August 31, 2025,
1586+ was an employee at the Texas Lottery Commission primarily involved
1587+ in administering or enforcing Chapter 466 or 467, Government Code,
1588+ or Chapter 2001, Occupations Code.
1589+ (c) On and after September 1, 2025, the Texas Lottery
16711590 Commission shall grant the Texas Department of Licensing and
16721591 Regulation inquiry-only security access to:
16731592 (1) all licensing, enforcement, and examination
16741593 software or computer systems used by the Texas Lottery Commission
16751594 in administering or enforcing Chapter 466 or 467, Government Code,
16761595 or Chapter 2001, Occupations Code; and
16771596 (2) the uniform statewide accounting system, the state
16781597 property accounting system, the uniform statewide payroll system,
16791598 and the human resources information system for the Texas Lottery
16801599 Commission.
1681- (c) On and after September 1, 2025, the Texas Lottery
1600+ (d) On and after September 1, 2025, the Texas Lottery
16821601 Commission may agree with the Texas Department of Licensing and
16831602 Regulation to transfer any property of the Texas Lottery Commission
16841603 to the Texas Department of Licensing and Regulation to implement
16851604 the transfers required by this Act.
1686- (d) The Texas Department of Licensing and Regulation and the
1605+ (e) The Texas Department of Licensing and Regulation and the
16871606 Texas Lottery Commission shall coordinate implementation of this
16881607 section. The Texas Lottery Commission shall cooperate with the
16891608 Texas Department of Licensing and Regulation in transferring all
16901609 data and records necessary to implement the transfers required by
16911610 this Act.
1692- (e) Not later than December 1, 2025, the Texas Lottery
1611+ (f) Not later than December 1, 2025, the Texas Lottery
16931612 Commission and the Texas Department of Licensing and Regulation
16941613 shall develop and enter into a memorandum of understanding
16951614 regarding the transfers required by this Act. The memorandum must
16961615 include a transition plan with a timetable and specific steps and
16971616 deadlines required to complete the transfer.
1698- (f) Not later than December 1, 2025, a manufacturer of bingo
1617+ (g) Not later than December 1, 2025, a manufacturer of bingo
16991618 equipment or supplies that submitted to the Texas Lottery
17001619 Commission a bond as required under Section 2001.204, Occupations
17011620 Code, before September 1, 2025, that is in effect on the effective
17021621 date of this Act must amend the bond to name the Texas Department of
17031622 Licensing and Regulation as the payee for the bond.
1704- SECTION 78. The changes in law made by this Act to Chapter
1623+ SECTION 73. The changes in law made by this Act to Chapter
17051624 2001, Occupations Code, apply only to a tax or fee charged on or
17061625 after September 1, 2025. A tax or fee charged before September 1,
17071626 2025, is governed by the law in effect immediately before that date,
17081627 and the former law is continued in effect for that purpose.
1709- SECTION 79. (a) The change in law made by this Act applies
1628+ SECTION 74. (a) The change in law made by this Act applies
17101629 only to an offense committed on or after the effective date of this
17111630 Act. An offense committed before the effective date of this Act is
17121631 governed by the law in effect on the date the offense was committed,
17131632 and the former law is continued in effect for that purpose. For
17141633 purposes of this section, an offense was committed before the
17151634 effective date of this Act if any element of the offense occurred
17161635 before that date.
17171636 (b) Section 2001.152, Occupations Code, as amended by this
17181637 Act, applies to a license placed on an administrative hold on or
17191638 after the effective date of this Act.
1720- SECTION 80. Not later than December 1, 2025, the Texas
1639+ SECTION 75. Not later than December 1, 2025, the Texas
17211640 Commission of Licensing and Regulation shall:
17221641 (1) appoint members to the lottery advisory committee
17231642 and adopt rules to govern the operations of the committee as
17241643 required by Section 51.217, Occupations Code, as added by this Act;
17251644 (2) appoint members to the bingo advisory committee
17261645 and adopt rules to govern the operations of the committee as
17271646 required by Section 2001.057, Occupations Code, as amended by this
17281647 Act; and
17291648 (3) adopt rules necessary to implement this Act.
1730- SECTION 81. Not later than December 1, 2026, the Texas
1649+ SECTION 76. Not later than December 1, 2026, the Texas
17311650 Department of Licensing and Regulation shall submit to the Sunset
17321651 Advisory Commission and each standing committee of the legislature
17331652 with primary jurisdiction over the state lottery or regulation of
17341653 charitable bingo any legislative recommendations necessary to
17351654 improve the lottery or charitable bingo.
1736- SECTION 82. This Act takes effect immediately if it
1737- receives a vote of two-thirds of all the members elected to each
1738- house, as provided by Section 39, Article III, Texas Constitution.
1739- If this Act does not receive the vote necessary for immediate
1740- effect, this Act takes effect September 1, 2025.
1655+ SECTION 77. This Act takes effect September 1, 2025.