Bill Text: TX HB1955 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to contracting with a lottery operator by the Texas Lottery Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2011-05-05 - Left pending in committee [HB1955 Detail]
Download: Texas-2011-HB1955-Engrossed.html
By: Thompson | H.B. No. 1955 |
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relating to contracting with a lottery operator by the Texas | ||
Lottery Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 466.014, Government Code, | ||
is amended to read as follows: | ||
Sec. 466.014. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE | ||
DIRECTOR; LOTTERY OPERATOR. | ||
SECTION 2. Section 466.014, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(b) The executive director may contract with or employ a | ||
person to perform a function, activity, or service in connection | ||
with the operation of the lottery as prescribed by the executive | ||
director. A person with whom the executive director contracts to | ||
operate a lottery must be eligible for a sales agent license under | ||
Section 466.155, except that when applying Section | ||
466.155(a)(2)(A) to the lottery operator, Section | ||
466.155(a)(1)(D)(ii) does not apply. | ||
(d) Notwithstanding any other law, the executive director | ||
may contract with a lottery operator to act as a sales retailer or | ||
license a lottery operator as a sales agent under terms, | ||
conditions, and rates and at locations approved by the executive | ||
director. | ||
(e) This section does not authorize a lottery operator to | ||
sell a lottery ticket through the Internet. | ||
SECTION 3. Section 466.155(a), Government Code, is amended | ||
to read as follows: | ||
(a) After a hearing, the director shall deny an application | ||
for a license or the commission shall suspend or revoke a license if | ||
the director or commission, as applicable, finds that the applicant | ||
or sales agent: | ||
(1) is an individual who: | ||
(A) has been convicted of a felony, criminal | ||
fraud, gambling or a gambling-related offense, or a misdemeanor | ||
involving moral turpitude, if less than 10 years has elapsed since | ||
the termination of the sentence, parole, mandatory supervision, or | ||
probation served for the offense; | ||
(B) is or has been a professional gambler; | ||
(C) is married to an individual: | ||
(i) described in Paragraph (A) or (B); or | ||
(ii) who is currently delinquent in the | ||
payment of any state tax; | ||
(D) is an officer or employee of: | ||
(i) the commission; or | ||
(ii) a lottery operator; or | ||
(E) is a spouse, child, brother, sister, or | ||
parent residing as a member of the same household in the principal | ||
place of residence of a person described by Paragraph (D); | ||
(2) is not an individual, and an individual described | ||
in Subdivision (1): | ||
(A) is an officer or director of the applicant or | ||
sales agent; | ||
(B) holds more than 10 percent of the stock in the | ||
applicant or sales agent; | ||
(C) holds an equitable interest greater than 10 | ||
percent in the applicant or sales agent; | ||
(D) is a creditor of the applicant or sales agent | ||
who holds more than 10 percent of the applicant's or sales agent's | ||
outstanding debt; | ||
(E) is the owner or lessee of a business that the | ||
applicant or sales agent conducts or through which the applicant | ||
will conduct a ticket sales agency; | ||
(F) shares or will share in the profits, other | ||
than stock dividends, of the applicant or sales agent; or | ||
(G) participates in managing the affairs of the | ||
applicant or sales agent; | ||
(3) has been finally determined to be: | ||
(A) delinquent in the payment of a tax or other | ||
money collected by the comptroller, the Texas Workforce Commission, | ||
or the Texas Alcoholic Beverage Commission; | ||
(B) in default on a loan made under Chapter 52, | ||
Education Code; or | ||
(C) in default on a loan guaranteed under Chapter | ||
57, Education Code; | ||
(4) is a person whose location for the sales agency is: | ||
(A) a location licensed for games of bingo under | ||
Chapter 2001, Occupations Code; | ||
(B) on land that is owned by: | ||
(i) this state; or | ||
(ii) a political subdivision of this state | ||
and on which is located a public primary or secondary school, an | ||
institution of higher education, or an agency of the state; or | ||
(C) a location for which a person holds a wine and | ||
beer retailer's permit, mixed beverage permit, mixed beverage late | ||
hours permit, private club registration permit, or private club | ||
late hours permit issued under Chapter 25, 28, 29, 32, or 33, | ||
Alcoholic Beverage Code; or | ||
(5) has violated this chapter or a rule adopted under | ||
this chapter. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |