Bill Text: TX SB1118 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the operation of video lottery games by licensed horse and greyhound racetrack operators, to a defense for the operation of video lottery by Indian tribes, to the authority of the Texas Lottery Commission and the Texas Racing Commission, and to the conduct of gambling in this state; providing penalties.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2011-03-16 - Referred to State Affairs [SB1118 Detail]

Download: Texas-2011-SB1118-Introduced.html

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82R8713 YDB-F
By: Hinojosa, Wentworth S.B. No. 1118

A BILL TO BE ENTITLED
AN ACT
relating to the operation of video lottery games by licensed horse
and greyhound racetrack operators, to a defense for the operation
of video lottery by Indian tribes, to the authority of the Texas
Lottery Commission and the Texas Racing Commission, and to the
conduct of gambling in this state; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds and declares the
following:
(1) The horse industry and agriculture industry have
been vital components of this state's economy since the 19th
century.
(2) The horse industry is an important element of the
state's unique fabric, and it is imperative that the legislature
take steps to bolster this industry.
(3) Live racing greatly benefits the horse industry of
this state by providing critical financial and other support to
horse shows and events, breeding programs, and employment in
tourism and agricultural enterprises in this state.
(4) The operation of video lottery games at horse
racetracks in the neighboring states of Louisiana, New Mexico, and
Oklahoma provides racetracks in those states with an insurmountable
economic advantage over racetracks in this state, resulting in much
larger purse amounts in those states compared to the purse amounts
offered by the racetracks in this state.
(5) The consequence of this economic disparity in
purse amounts has been the exodus of horses, breeders, and other
horse professionals to states with larger purse amounts, placing
the horse industry in this state at an overwhelming disadvantage
that threatens the very existence of a vital horse industry in this
state.
(6) Authorizing video lottery games at licensed horse
and greyhound racetracks in this state will:
(A) remedy this economic disparity by increasing
the purse amounts in this state and delivering a huge economic
stimulus to this state through increased infrastructure and
employment in and around licensed racetracks and throughout this
state;
(B) boost horse showing and breeding programs;
(C) increase employment in tourism;
(D) support programs to foster horse and
greyhound breeding; and
(E) improve the living and working conditions of
personnel who work in the horse industry.
SECTION 2. Section 466.002, Government Code, is amended to
read as follows:
Sec. 466.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Lottery Commission.
(2) "Communication technology" means the methods used
and the components employed to facilitate the transmission of
information, including transmission and reception systems that
transmit information through wire, cable, radio, microwave, light,
optics, or computer data networks.
(3) "Dedicated account" means a separate fiduciary
financial account that is restricted under this chapter according
to:
(A) the source of the funds that may be deposited
into the account; or
(B) the enumerated purposes for which money from
the account may be spent.
(4) "Director" means a [the] director employed by the
executive director under Section 467.031 [of the division].
(5) "Disable," with respect to video lottery
terminals, means the process that causes a video lottery terminal
to cease functioning on issuance of a shutdown command from the
video lottery central system.
(6) "Distribute," with respect to video lottery
terminals, means the sale, lease, marketing, offer, or other
disposition of a video lottery terminal, an electronic computer
component of a video lottery terminal, the cabinet in which a video
lottery terminal is housed, video lottery equipment, or video
lottery game software intended for use or play in this state.
(7) [(3)] "Division" means the lottery division
established by the commission under Chapter 467.
(8) "Electronic storage medium," with respect to video
lottery, means the electronic medium on which the operation
software for a game playable on a video lottery terminal is stored
in the form of erasable programmable read only memory, data storage
devices typically considered alterable but through software or
hardware means have been rendered unalterable, compact disc-read
only memory, flash random access memory, or other technology medium
the commission approves for use in or with a video lottery terminal.
(9) [(4)] "Executive director" means the executive
director of the commission.
(10) "Horsemen's organization" has the meaning
assigned by Section 1.03, Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes).
(11) "House-banked game" means a game of chance in
which the house:
(A) plays as a participant;
(B) competes against all players, collects from
all losers, and pays all winners; and
(C) has an opportunity to win.
(12) "Indian lands" means land described by Section
47(f), Article III, Texas Constitution.
(13) "Institutional investor" means:
(A) a state or federal government pension plan;
or
(B) any of the following that meets the
requirements of a "qualified institutional buyer" as defined in
Rule 144A, Securities Act of 1933 (15 U.S.C. Sections 77a-77aa),
and the rules and regulations adopted under that rule by the United
States Securities and Exchange Commission:
(i) a bank as defined by Section 3(a)(6),
Securities Exchange Act of 1934 (15 U.S.C. Section 78c), and the
rules and regulations adopted under that Act by the United States
Securities and Exchange Commission;
(ii) an insurance company as defined by
Section 2(a)(17), Investment Company Act of 1940 (15 U.S.C. Section
80a-2);
(iii) an investment company registered
under Section 8, Investment Company Act of 1940 (15 U.S.C. Section
80a-8);
(iv) an employee benefit plan or pension
fund subject to the Employee Retirement Income Security Act of 1974
(29 U.S.C. Section 1001 et seq.), excluding an employee benefit
plan or pension fund sponsored by a publicly traded corporation
registered with the Securities and Exchange Commission;
(v) a group composed entirely of persons
specified by this subdivision; or
(vi) any other person the commission
recognizes as an institutional investor for reasons consistent with
the policies expressed in this chapter.
(14) [(5)] "Lottery" means the state lottery
established and operated in accordance with the Texas Constitution
under this chapter and includes the operation of a state-controlled
video lottery system [procedures operated by the state under this
chapter through which prizes are awarded or distributed by chance
among persons who have paid, or unconditionally agreed to pay, for a
chance or other opportunity to receive a prize].
(15) [(6)] "Lottery game" means an activity conducted
lawfully and in accordance with the Texas Constitution and this
chapter that is controlled by this state as part of the lottery and
through which prizes are awarded or distributed by chance to
persons who have paid or unconditionally agreed to pay, or who
otherwise participate in a game, for a chance or other opportunity
to receive a prize [includes a lottery activity].
(16) [(7)] "Lottery operator" means a person selected
under Section 466.014(b) to operate a lottery game.
(17) "Manufacture," with respect to video lottery
terminals, means to design, assemble, fabricate, produce, program,
or make modifications to a video lottery terminal, an electronic
computer component of a video lottery terminal, the cabinet in
which a video lottery terminal is housed, video lottery equipment,
or video lottery game software intended for use or play in this
state.
(18) "Net terminal income" means the total amount of
money paid to play video lottery games less the value of all credits
redeemed, including any progressive prizes and bonuses, by the
players of the video lottery games at a video lottery terminal
establishment. Promotional prizes unrelated to video lottery game
wagers that are offered by a video lottery retailer or video lottery
manager may not be deducted or otherwise considered credits
redeemed for money by players for the purpose of determining net
terminal income.
(19) "Pari-mutuel license holder" means a person
licensed to conduct wagering on a greyhound race or a horse race
under the Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes).
(20) "Performance horse development fund" means a
dedicated account in which a portion of net terminal income is
deposited as provided by Subchapter K and that may be spent only for
the benefit of certain non-racing horse activities in this state.
(21) "Person" means, for purposes of video lottery
operations, any natural person, corporation, association, trust,
partnership, limited partnership, joint venture, subsidiary, or
other entity, regardless of its form, structure, or nature.
(22) [(8)] "Player" means a person who contributes any
part of the consideration for a ticket or to play a video lottery
game under this chapter.
(23) "Racetrack" has the meaning assigned by Section
1.03, Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes).
(24) "Racing facilities agreement" means a written
agreement that:
(A) specifies the amount of money or the
percentage of revenue to be transferred by a racetrack and from the
applicable Texas canine development fund or Texas equine
development fund to the racing facilities capital improvement
account; and
(B) provides a plan for the use of the money
deposited in the racing facilities capital improvement account.
(25) [(9)] "Sales agent" or "sales agency" means a
person licensed under this chapter to sell tickets.
(26) "Slot machine" means a mechanical, electrical, or
other type of device, contrivance, or machine not connected to the
video lottery central system that plays or operates on insertion of
a coin, currency, token, or similar object or on payment of any
other consideration, and the play or operation of which, through
the skill of the operator, by chance, or both, may deliver to the
person playing or operating the machine, or entitle the person to
receive, cash, premiums, merchandise, tokens, or any other thing of
value, whether the payoff is made automatically from the machine or
in any other manner. The term does not include any equipment,
machine, technological aid, or other device used or authorized in
connection with the play of bingo under Chapter 2001, Occupations
Code, or authorized under other law.
(27) "State horse breed registry" has the meaning
assigned by Section 1.03, Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes). The term includes the organizations
identified in Section 9.02, Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes).
(28) "Substantial interest holder" means any of the
following that is not a bona fide lender, bank, or other authorized
or licensed lending institution that holds a mortgage or other lien
acquired in the ordinary course of business or a vendor of the
applicant or license holder that is not otherwise a substantial
business holder:
(A) a person who directly, indirectly, or
beneficially owns any interest in a privately owned corporation,
association, trust, partnership, limited partnership, joint
venture, subsidiary, or other entity, regardless of its form,
structure, or nature;
(B) a person who directly, indirectly, or
beneficially owns 10 percent or more of any publicly owned
corporation, association, trust, partnership, limited partnership,
joint venture, subsidiary, or other entity, regardless of its form,
structure, or nature;
(C) a person associated with an applicant or
license holder who the commission determines has the power or
authority to:
(i) control the activities of the applicant
or license holder; or
(ii) elect or select the executive
director, the managers, the partners, or a majority of the board of
directors of the applicant or license holder; and
(D) any key personnel of a video lottery retailer
or video lottery manager, including an executive director, officer,
director, manager, member, partner, limited partner, executive,
employee, or agent, who the commission determines has the power to
exercise significant influence over decisions concerning any part
of the applicant's or license holder's business operation.
(29) "Texas canine development fund" means, for a
greyhound racetrack that operates a video lottery terminal
establishment, the dedicated account in which a portion of the net
terminal income is deposited as provided by Subchapter K.
(30) "Texas equine development fund" means, for a
horse racetrack that operates a video lottery terminal
establishment, the dedicated account in which a portion of the net
terminal income is deposited as provided by Subchapter K.
(31) [(10)] "Ticket" means any tangible evidence
issued to provide participation in a lottery game authorized by
this chapter other than a video lottery game.
(32) "Video lottery central system" means the system
of procedures and facilities operated and controlled by the
commission that is designed to link together all video lottery
terminals operated in this state and allows the commission to
continuously monitor the activity of each video lottery terminal
and to disable any video lottery terminal in this state.
(33) "Video lottery central system provider" means a
person that, under a contract with the commission, provides the
video lottery central system.
(34) "Video lottery equipment" means:
(A) a video lottery terminal;
(B) equipment, a component, or a contrivance used
remotely or directly in connection with a video lottery terminal
to:
(i) affect the reporting of gross revenue
and other accounting information, including a device for weighing
and counting money;
(ii) provide accounting, player tracking,
bonuses, and in-house or wide-area prizes;
(iii) monitor video lottery terminal
operations; and
(iv) provide for the connection of video
lottery terminals to the video lottery central system; or
(C) any other communications technology or
equipment necessary for the operation of a video lottery terminal.
(35) "Video lottery game" means an
electromechanically or electronically simulated game displayed on
a video lottery terminal the outcome of which is determined solely
by chance based on a computer-generated random selection of winning
combinations of symbols or numbers other than typical roulette,
dice, or baccarat game themes associated with casino gambling,
except that game themes displaying symbols that appear to roll on
drums to simulate a classic casino slot machine or themes of other
card games and keno may be used. The term includes video lottery
games linked together between two or more video lottery terminals
in one or more video lottery terminal establishments to provide
progressive payments to winners of video lottery games.
(36) "Video lottery manager" means a person who is
licensed by the commission under this chapter to manage a video
lottery terminal establishment.
(37) "Video lottery retailer" means a racetrack or the
operator of the premises of a pari-mutuel license holder at which a
video lottery terminal establishment is located and that holds a
video lottery retailer license under Subchapter K.
(38) "Video lottery system" has the meaning assigned
to that term by Section 47a, Article III, Texas Constitution.
(39) "Video lottery terminal" means an interactive
electronic device that is capable of displaying video lottery
games.
(40) "Video lottery terminal establishment" means
premises at which the operation of video lottery terminals is
authorized by the commission under this chapter in accordance with
a license.
(41) "Video lottery terminal provider" means a person
in the business of manufacturing or distributing video lottery
terminals in this state.
(42) "Video lottery ticket" means the evidence issued
by a video lottery terminal to reflect a credit balance from the
play of a video lottery game.
SECTION 3. Section 466.003(b), Government Code, is amended
to read as follows:
(b) Any [A] contract or authorized agreement between the
division and a lottery operator, the video lottery central system
provider, a video lottery terminal provider, or a manufacturer or
distributor of video lottery games under Section 466.014(b) must
contain a provision allowing the contract or authorized agreement
to be terminated without penalty should the division be abolished
unless another state agency is assigned to regulate all video
lottery game activity as required by this chapter.
SECTION 4. Section 466.004(a), Government Code, is amended
to read as follows:
(a) A political subdivision of this state may not impose:
(1) a tax on the sale of a ticket;
(2) a tax on the payment of a prize under this chapter;
[or]
(3) an ad valorem tax on tickets;
(4) a tax, fee, or other assessment on consideration
paid to play a video lottery game; or
(5) a tax or fee for attendance or admission to a video
lottery establishment or a racetrack at which a video lottery
establishment is located unless specifically authorized by
statute.
SECTION 5. Section 466.014, Government Code, is amended to
read as follows:
Sec. 466.014. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE
DIRECTOR; CONTRACT AUTHORITY. (a) The commission and executive
director have broad authority and shall exercise strict control and
close supervision over [all] lottery games [conducted in this
state] to promote and ensure integrity, security, honesty, and
fairness in the operation and administration of the lottery.
(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 contract relating to the operation of video lottery
must be consistent with Subchapter K. Except as provided by this
subsection, a [A] person with whom the executive director contracts
to operate a lottery game must be eligible for a sales agent license
under this chapter [Section 466.155]. A person with whom the
executive director contracts to provide the video lottery central
system must be eligible under the same standards as those
applicable to the registration or approval by the commission of a
video lottery terminal provider in accordance with Subchapter K.
(c) The executive director may award a contract for lottery
supplies, equipment, or services, including a contract under
Subsection (b), pending the completion of any investigation and
licensing, registration, or other affirmative regulatory approval
authorized or required by this chapter. A contract awarded under
this subsection must include a provision permitting the executive
director to terminate the contract without penalty if the
investigation reveals that the person to whom the contract is
awarded would not be eligible for a sales agent license under
Section 466.155 or with regard to video lottery does not satisfy the
applicable requirements for licensing, registration, or other
affirmative regulatory approval under Subchapter K.
SECTION 6. Section 466.015(b), Government Code, is amended
to read as follows:
(b) The commission shall adopt rules to the extent they are
not inconsistent with Chapters 551 and 552 governing the:
(1) security for the lottery and the commission,
including the development of an internal security plan;
(2) apportionment of the total revenues from the sale
of tickets and from all other sources in the amounts provided by
this chapter;
(3) enforcement of prohibitions on the sale of tickets
to or by an individual younger than 18 years of age or the sale of a
video lottery game to or by an individual younger than 21 years of
age; [and]
(4) enforcement of prohibitions on a person playing a
lottery game by telephone; and
(5) enforcement of prohibitions provided by law on the
sale of any purchase or play of a video lottery game.
SECTION 7. Section 466.017, Government Code, is amended to
read as follows:
Sec. 466.017. AUDITS. (a) The commission [executive
director] shall provide for a certified public accountant to
conduct an independent audit of the commission's annual financial
statements in accordance with generally accepted auditing
standards that requires the accountant to express an opinion on the
conformity of the financial statements with generally accepted
accounting principles [for each fiscal year of all accounts and
transactions of the lottery]. The certified public accountant may
not have[, as determined by the executive director,] a significant
financial interest in a sales agent, lottery vendor, [or] lottery
operator, video lottery manager, video lottery retailer, video
lottery terminal provider, or video lottery central system
provider. The certified public accountant shall present an audit
report to the executive director, the commission, the governor, the
comptroller, and the legislature not later than the 30th day after
the submission date for the annual financial report required by the
General Appropriations Act. [The report must contain
recommendations to enhance the earnings capability of the lottery
and improve the efficiency of lottery operations.] The state
auditor may review the results of and working papers related to the
audit.
(b) The records of a [Each] lottery operator, sales agent,
video lottery manager, video lottery retailer, video lottery
terminal provider, or video lottery central system provider
[operator's and sales agent's records] are subject to audit by the
commission and the state auditor. For the purpose of carrying out
this chapter, the executive director or state auditor may examine
all books, records, papers, or other objects that the executive
director or state auditor determines are necessary for conducting a
complete examination under this chapter and may also examine under
oath any officer, director, or employee of a lottery operator, [or]
sales agent, video lottery manager, video lottery retailer, video
lottery terminal provider, or video lottery central system
provider. The executive director or state auditor may conduct an
examination at the principal office or any other office of the
person subject to the audit [lottery operator or sales agent] or may
require the person [lottery operator or sales agent] to produce the
records at the office of the commission or state auditor. If a
sales agent, video lottery manager, video lottery retailer, video
lottery terminal provider, or video lottery central system provider
refuses to permit an examination or to answer any question
authorized by this subsection, the executive director may summarily
suspend the license or registration of the sales agent, video
lottery manager, video lottery retailer, or video lottery terminal
provider under Section 466.160 or Subchapter K until the
examination is completed as required. Section 321.013(h) does not
apply to an audit of a lottery operator, [or] sales agent, video
lottery manager, video lottery retailer, video lottery terminal
provider, or video lottery central system provider.
(c) To protect the state's financial interest, the
commission shall adopt reporting, monitoring, and auditing
requirements for revenue generated by video lottery games that is
distributed to or used by an organization through an allocation
specified under Subchapter K.
(d) The commission may adopt the requirements for an
organization described by Subsection (c) only after consultation
with the organization. In adopting the requirements, the commission
shall give consideration to the concerns of the organization.
(e) An organization described by Subsection (c) shall
annually file with the commission a copy of an audit, conducted by
an independent certified public accountant, on the receipt and use
by the organization of the revenue generated by video lottery
games.
(f) The commission may review any records or books of an
organization submitting an audit to the commission as required
under Subsection (e) as the commission determines necessary to
confirm or further investigate the findings of the audit.
(g) The commission, after notice and a hearing in accordance
with Chapter 2001, may suspend or prohibit the transfer of money to
an organization under Subchapter K if:
(1) the commission determines the organization has
failed to comply with the requirements adopted under Subsection
(c); or
(2) following the audit required under Subsection (e),
the commission determines that material questions have been raised
on the use of the money by the organization.
SECTION 8. Section 466.018, Government Code, is amended to
read as follows:
Sec. 466.018. INVESTIGATIONS. The attorney general, the
district attorney for Travis County, or the district attorney,
criminal district attorney, or county attorney performing the
duties of district attorney for the county in which the violation or
alleged violation occurred may investigate a violation or alleged
violation of this chapter and of the penal laws of this state by the
commission or its employees, a sales agent, a lottery vendor, [or] a
lottery operator, a video lottery manager, a video lottery
retailer, a video lottery terminal provider, or a video lottery
central system provider.
SECTION 9. Sections 466.020(c), (d), and (e), Government
Code, are amended to read as follows:
(c) A security officer or investigator employed by the
department of security or a peace officer who is working in
conjunction with the commission or the Department of Public Safety
in the enforcement of this chapter may:
(1) [,] without a search warrant, [may] search and
seize a lottery vending machine, lottery computer terminal, video
lottery terminal, or other lottery or gaming equipment that is
located on premises for which a person holds a sales agent, video
lottery retailer, or video lottery manager license issued under
this chapter; or
(2) seize a lottery vending machine, lottery computer
terminal, video lottery terminal, or other lottery or gaming
equipment that is being used or is in the possession of any person
in violation of this chapter.
(d) The Department of Public Safety or any other state or
local law enforcement agency in this state, at the commission's
request and in accordance with an interagency agreement, shall
perform a full criminal background investigation of a prospective
deputy or investigator of the department of security. The
commission shall reimburse the agency [Department of Public Safety]
for the actual costs of an investigation.
(e) At least once every two years, the executive director
shall employ an independent firm that is experienced in security,
including computer security and systems security, to conduct a
comprehensive study of all aspects of lottery security, including:
(1) lottery personnel security;
(2) sales agent security;
(3) lottery operator and vendor security;
(4) security against ticket counterfeiting and
alteration and other means of fraudulent winning;
(5) security of lottery drawings;
(6) lottery computer, data communications, database,
and systems security;
(7) lottery premises and warehouse security;
(8) security of distribution of tickets;
(9) security of validation and payment procedures;
(10) security involving unclaimed prizes;
(11) security aspects of each lottery game;
(12) security against the deliberate placement of
winning tickets in lottery games that involve preprinted winning
tickets by persons involved in the production, storage,
transportation, or distribution of tickets; [and]
(13) security of video lottery retailers, video
lottery managers, video lottery terminal providers, and video
lottery central system providers; and
(14) other security aspects of lottery operations,
including video lottery game operations.
SECTION 10. Section 466.022, Government Code, is amended by
amending Subsection (b) and adding Subsections (c), (d), (e), and
(f) to read as follows:
(b) In addition to commission records excepted from
disclosure under Chapter 552, the following information is
confidential and is exempt from disclosure:
(1) security plans and procedures of the commission
designed to ensure the integrity and security of the operation of
the lottery;
(2) information of a nature that is designed to ensure
the integrity and security of the selection of winning tickets or
numbers in the lottery, other than information describing the
general procedures for selecting winning tickets or numbers; [and]
(3) the street address and telephone number of a prize
winner, if the prize winner has not consented to the release of the
information; and
(4) information relating to all system operations of
video lottery games, including the operation of the video lottery
system, security related to video lottery games, and commission
plans and procedures intended to ensure the integrity and security
of the operation of video lottery games.
(c) Information that is confidential under Subsection
(b)(4) includes information and data that:
(1) are furnished to the commission under Subchapter K
or that may be otherwise obtained by the commission from any source;
(2) pertain to an applicant's criminal record,
antecedents, and background and are furnished to or obtained by the
commission from any source, including information obtained by the
commission under Section 411.108(d);
(3) are provided to the commission, a commission
employee, or an investigator acting on behalf of the commission by a
governmental agency or an informer or on the assurance that the
information will be held in confidence and treated as confidential;
(4) are obtained by the commission from a video
lottery manager, video lottery retailer, video lottery terminal
provider, or video lottery central system provider; or
(5) are prepared or obtained by an agent or employee of
the commission relating to a license, certificate of registration,
or renewal application, a finding of suitability, or any other
affirmative regulatory approval required under Subchapter K.
(d) Information that qualifies as confidential under
Subsection (b)(4) may be disclosed in whole or in part only as
necessary to administer this chapter or under a court order. The
commission, subject to appropriate procedures, may disclose the
information and data to an authorized agent of a political
subdivision of this state, the United States, another state or a
political subdivision of another state, a tribal law enforcement
agency, or the government of a foreign country.
(e) For the annual report required under Section 466.016,
the commission may disclose a compilation of statistical
information that is otherwise confidential under Subsection (b)(4)
if the compilation does not disclose the identity of an applicant,
license or registration holder, or video lottery establishment.
(f) Notwithstanding any other provision of state law, the
information provided under Subsection (d) or (e) may not otherwise
be disclosed without specific commission authorization.
SECTION 11. Section 466.024, Government Code, is amended to
read as follows:
Sec. 466.024. PROHIBITED GAMES. (a) The executive
director, [or] a lottery operator, a video lottery manager, a video
lottery retailer, a video lottery terminal provider, or a video
lottery central system provider may not establish or operate a
lottery game in which the winner is chosen on the basis of the
outcome of a live sports event.
(b) The [commission shall adopt rules prohibiting the]
operation of any game using a video lottery machine or other
gambling device that is not connected to the video lottery central
system and regulated by this state as required by Section 47a,
Article III, Texas Constitution, and this chapter is prohibited
[machine].
(c) In this section, "sports[:
[(1) "Sports] event" means a football, basketball,
baseball, or similar game, or a horse or dog race on which
pari-mutuel wagering is allowed.
[(2) "Video lottery machine" or "machine" means any
electronic video game machine that, upon insertion of cash, is
available to play or simulate the play of a video game, including
video poker, keno, and blackjack, using a video display and
microprocessors in which the player may receive free games or
credits that can be redeemed for cash, coins, or tokens, or that
directly dispenses cash, coins, or tokens.]
SECTION 12. Section 466.025, Government Code, is amended to
read as follows:
Sec. 466.025. REPORTS OF TICKETS SOLD, NET TERMINAL INCOME,
AND PRIZES AWARDED. For each lottery game, other than a video
lottery game, after the last date on which a prize may be claimed
under Section 466.408(d), the director shall prepare a report that
shows the total number of tickets sold and the number and amounts of
prizes awarded in the game. The report must be available for public
inspection. For video lottery games, the director shall prepare a
weekly report that shows net terminal income for the preceding
week.
SECTION 13. Section 466.103(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), the executive
director may not award a contract for the purchase or lease of
facilities, goods, or services related to lottery operations to a
person who:
(1) would be denied a license as a sales agent under
Section 466.155; or
(2) with regard to video lottery equipment:
(A) is not a registered video lottery terminal
provider if registration is required; or
(B) would be considered unsuitable to be a video
lottery terminal provider under Subchapter K.
SECTION 14. Section 466.151(b), Government Code, is amended
to read as follows:
(b) The executive director may establish a provisional
license or other classes of licenses necessary to regulate and
administer the quantity and type of lottery games provided at each
licensed location of a sales agent.
SECTION 15. Subchapter E, Chapter 466, Government Code, is
amended by adding Section 466.206 to read as follows:
Sec. 466.206. CRIMINAL HISTORY INVESTIGATION FOR VIDEO
LOTTERY. Except as otherwise provided by this section, Sections
466.020 and 466.201, and Subchapter K, a criminal history
investigation of a video lottery retailer, video lottery manager,
video lottery terminal provider, or video lottery central system
provider is governed by commission rules adopted under Subchapter
K. As applicable, the commission shall consider information
obtained through a criminal history investigation conducted under
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
SECTION 16. Section 466.252, Government Code, is amended to
read as follows:
Sec. 466.252. PLAYER [PURCHASE OF TICKET] AGREEMENT TO
ABIDE BY RULES AND INSTRUCTIONS. (a) By purchasing a ticket in a
particular lottery game or participating as a player in a lottery
game, a player agrees to abide by and be bound by the commission's
rules and instructions, including the rules or instructions
applicable to the particular lottery game involved. The player
also acknowledges that the determination of whether the player is a
valid winner is subject to:
(1) the commission's rules, instructions, and claims
procedures, including those developed for the particular lottery
game involved; [and]
(2) any validation tests established by the commission
for the particular lottery game involved; and
(3) the limitations and other provisions prescribed by
this chapter.
(b) If the lottery uses tickets, an abbreviated form of the
rules or a reference to the rules may appear on the tickets.
SECTION 17. Section 466.3011, Government Code, is amended
to read as follows:
Sec. 466.3011. VENUE. Venue is proper in Travis County or
any county in which venue is proper under Chapter 13, Code of
Criminal Procedure, for:
(1) an offense under this chapter;
(2) an offense under the Penal Code, if the accused:
(A) is a lottery operator, lottery vendor, sales
agent, video lottery manager, video lottery retailer, video lottery
terminal provider, video lottery central system provider, or
employee of the division; and
(B) is alleged to have committed the offense
while engaged in lottery activities, including video lottery
activities; or
(3) an offense that involves property consisting of or
including lottery tickets under Title 7 or 11, Penal Code.
SECTION 18. Subchapter G, Chapter 466, Government Code, is
amended by adding Section 466.3031 to read as follows:
Sec. 466.3031. UNAUTHORIZED OPERATION, USE, OR POSSESSION
OF VIDEO LOTTERY TERMINAL. (a) A person may not operate, use, or
possess a video lottery terminal unless the operation, use, or
possession is expressly authorized by this chapter or other law.
(b) Except for transport to or from a video lottery
establishment and as provided by this chapter or other law, a person
commits an offense if the person operates, uses, or possesses any
video lottery terminal that is not at all times connected to the
video lottery central system or that does not generate revenue for
this state, except funds retained by the commission to pay
administrative costs. An offense under this subsection is a felony
of the third degree.
(c) Notwithstanding Subsection (b), a video lottery
retailer, video lottery manager, or registered or approved video
lottery terminal provider may store or possess a video lottery
terminal as authorized by the commission, and the commission may
possess video lottery terminals for study and evaluation.
SECTION 19. Section 466.305(a), Government Code, is amended
to read as follows:
(a) A sales agent, video lottery manager, or video lottery
retailer, or an employee of a sales agent, video lottery manager, or
video lottery retailer, commits an offense if the person
intentionally or knowingly sells a ticket to another person or
allows the person to play or conduct a game on a video lottery
terminal by extending credit or lending money to the person to
enable the person to purchase the ticket or play the game.
SECTION 20. The heading to Section 466.3051, Government
Code, is amended to read as follows:
Sec. 466.3051. SALE [OF TICKET] TO OR PURCHASE OF LOTTERY
TICKET BY PERSON YOUNGER THAN 18; PLAY OF VIDEO LOTTERY GAME BY
PERSON YOUNGER THAN 21 [YEARS OF AGE].
SECTION 21. Section 466.3051, Government Code, is amended
by adding Subsections (a-1) and (b-1) and amending Subsections (b)
through (f) to read as follows:
(a-1) A video lottery manager, a video lottery retailer, or
an employee of a video lottery manager or video lottery retailer
commits an offense if the person intentionally or knowingly allows
a person younger than 21 years of age to play a video lottery game.
(b) An individual who is younger than 18 years of age
commits an offense if the individual:
(1) purchases a lottery ticket; or
(2) falsely represents the individual to be 18 years
of age or older by displaying evidence of age that is false or
fraudulent or misrepresents in any way the individual's age in
order to purchase a lottery ticket.
(b-1) An individual who is younger than 21 years of age
commits an offense if the individual:
(1) plays a video lottery game; or
(2) falsely represents the individual to be 21 years
of age or older by displaying evidence of age that is false or
fraudulent or misrepresents in any way the individual's age in
order to play a video lottery game.
(c) A person 18 years of age or older may purchase a lottery
ticket to give as a gift to another person, including an individual
younger than 18 years of age.
(d) It is a defense to the application of Subsection (b)
that the individual younger than 18 years of age is participating in
an inspection or investigation on behalf of the commission or other
appropriate governmental entity regarding compliance with this
section. It is a defense to the application of Subsection (b-1) that
the individual younger than 21 years of age is participating in an
inspection or investigation on behalf of the commission or other
appropriate governmental entity regarding compliance with this
section.
(e) An offense under Subsection (a) or (a-1) is a Class C
misdemeanor.
(f) An offense under Subsection (b) or (b-1) is punishable
by a fine not to exceed $250.
SECTION 22. Section 466.306, Government Code, is amended to
read as follows:
Sec. 466.306. FORGERY; ALTERATION OF TICKET. (a) A person
commits an offense if the person intentionally or knowingly alters
or forges a ticket or video lottery ticket.
(b) An offense under this section is a felony of the third
degree unless it is shown on the trial of the offense that the prize
alleged to be authorized by the ticket or video lottery ticket
forged or altered is greater than $10,000, in which event the
offense is a felony of the second degree.
SECTION 23. Section 466.309(a), Government Code, is amended
to read as follows:
(a) A person commits an offense if the person intentionally
or knowingly tampers with, damages, defaces, or renders inoperable
any vending machine, electronic computer terminal, video lottery
terminal or other video lottery equipment, or other mechanical
device used in a lottery game.
SECTION 24. The heading to Section 466.317, Government
Code, is amended to read as follows:
Sec. 466.317. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY
TICKETS OR OPERATION OF CERTAIN VIDEO LOTTERY SYSTEMS.
SECTION 25. Section 466.317, Government Code, is amended by
adding Subsection (a-1) and amending Subsection (c) to read as
follows:
(a-1) A person may not control or operate a video lottery
system in this state except as provided by this chapter or other
law.
(c) A person commits an offense if the person violates this
section. An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 26. Section 466.355(a), Government Code, is amended
to read as follows:
(a) The state lottery account is a special account in the
general revenue fund. The account consists of all revenue received
from the sale of tickets, license and application fees under this
chapter, other than Subchapter K, and all money credited to the
account from any other fund or source under law. Interest earned by
the state lottery account shall be deposited in the unobligated
portion of the general revenue fund.
SECTION 27. Subchapter H, Chapter 466, Government Code, is
amended by adding Section 466.360 to read as follows:
Sec. 466.360. VIDEO LOTTERY TERMINAL REVENUE. Revenue
generated from the operation of video lottery terminals is governed
by Subchapter K and commission rules.
SECTION 28. Section 466.402, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to the payment of prizes for
video lottery games governed by Subchapter K.
SECTION 29. Chapter 466, Government Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. VIDEO LOTTERY
Sec. 466.501. LEGISLATIVE FINDINGS AND DECLARATIONS. The
legislature finds and declares the following:
(1) The purpose and intent of this subchapter is to
carry out the intent of the voters as established by the approval of
Section 47a, Article III, Texas Constitution, to expand the
revenue-generating ability of the state lottery by authorizing this
state to operate a video lottery system consistent with public
policy strictly limiting the expansion of gambling in this state.
(2) Except as expressly authorized under other law,
the people of this state intend to allow only state-regulated video
lottery games to be conducted in this state and only in locations at
which pari-mutuel wagering is conducted at racetracks.
(3) The video lottery games operated at racetracks
under this subchapter are regulated by this state in a manner that
allows this state to continuously monitor all video lottery
terminals and to disable any video lottery terminal for the
protection of the public and this state.
(4) Through the video lottery system this state will
monitor the network of video lottery terminals to ensure maximum
security unique to state-regulated gambling. Except as may
otherwise be provided by state or federal law governing gaming on
Indian lands, each operating video lottery terminal in this state
will be connected to a video lottery central system.
(5) Limited gaming is intended to enhance live horse
and greyhound racing, horse shows and events, horse and greyhound
breeding programs, entertainment, and employment in tourism and
agricultural industries of Texas and to assist this state's horse
and greyhound racing industry, support programs intended to foster
and promote horse and greyhound breeding, and improve the living
and working conditions of personnel who work and reside in and
around the stable and backside areas of racetracks.
(6) In authorizing only a state-regulated and
state-operated video lottery central system and state-regulated
video lottery terminals in limited locations and continuing the
general prohibition on gambling in this state as a matter of public
policy, this state is protecting the state's legitimate interests
by restricting such activity. By limiting the operation of video
lottery terminals to those connected to the state-regulated video
lottery system on certain land with certain types of games, the
legislature seeks to foster this state's legitimate sovereign
interest in regulating the growth of gambling activities in this
state.
(7) This subchapter is game-specific and may not be
construed to allow the operation of any other form of gambling
unless specifically allowed by this subchapter. This subchapter
does not allow the operation of dice games, roulette wheels,
house-banked games, including house-banked card games, or games in
which winners are determined by the outcome of a live sports contest
that are expressly prohibited under other state law.
Sec. 466.502. CONSTRUCTION; APPLICABILITY OF OTHER LAWS.
(a) This subchapter applies uniformly throughout this state and
all political subdivisions of this state.
(b) To the extent of any inconsistency between this
subchapter and the Texas Racing Act (Article 179e, Vernon's Texas
Civil Statutes), the Alcoholic Beverage Code, or other law, this
subchapter controls.
(c) To the extent of any inconsistency between Chapter 2003
and this subchapter or a commission rule governing video lottery
terminals, this subchapter or the commission rule controls in all
matters related to video lottery terminals.
(d) Video lottery equipment operated under commission
authority and this subchapter is exempt from 15 U.S.C. Section
1172.
Sec. 466.503. CONDUCT RELATED TO OPERATION OF VIDEO LOTTERY
TERMINALS BY INDIAN TRIBES. Notwithstanding any provision of this
chapter, conduct authorized in connection with video lottery
terminals under this subchapter, including conduct in which a
person who holds a license, certificate of registration, finding of
suitability, or other affirmative regulatory approval under this
subchapter is authorized to engage under the license, certificate
of registration, finding of suitability, or other affirmative
regulatory approval, is also authorized for the conduct of video
lottery terminals by Indian tribes that is allowed under other law.
[Section 466.504 reserved for expansion]
Sec. 466.505. AUTHORITY TO OPERATE VIDEO LOTTERY SYSTEM.
The commission may implement and operate a video lottery system and
regulate the operation of video lottery terminals at racetracks in
accordance with this subchapter and the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes).
Sec. 466.506. VIDEO LOTTERY GAMES; STATE OWNERSHIP AND
PROPRIETARY INTEREST. For purposes of this subchapter, this state
may acquire a proprietary interest in video lottery game software
through:
(1) ownership of the software; or
(2) an exclusive product license agreement with a
provider in which the provider retains copyrighted ownership of the
software but the license granted to this state is nontransferable
and authorizes this state to operate the software program, solely
for the state's own use, on the video lottery central system and
video lottery terminals connected to the video lottery central
system.
Sec. 466.507. STATE CONTROL OF VIDEO LOTTERY SYSTEM. (a)
In accordance with Section 47a, Article III, Texas Constitution,
the commission shall control and regulate the video lottery system
and the video lottery central system through which this state has
the exclusive and unilateral ability to monitor activity of video
lottery terminals and remotely disable video lottery terminals for
the public safety, health, and welfare or the preservation of the
integrity of the lottery and to prevent any financial loss to this
state.
(b) This section does not affect or restrict the ability of
a video lottery manager or video lottery retailer to monitor
activity of video lottery terminals and to disable video lottery
terminals in accordance with commission rules.
(c) The commission may disable a video lottery terminal if a
video lottery retailer's or video lottery manager's license is
revoked, surrendered, or summarily suspended under this subchapter
and to prevent any financial loss to this state.
[Sections 466.508-466.509 reserved for expansion]
Sec. 466.510. VIDEO LOTTERY CENTRAL SYSTEM. (a) The
commission shall establish or cause to be established a video
lottery central system to link all video lottery terminals in the
video lottery system. The video lottery central system must
provide the auditing, security, and other information required by
the commission.
(b) The commission shall provide to a registered or approved
video lottery terminal provider or an applicant applying for
registration or approval as a video lottery terminal provider the
protocol documentation data necessary to enable the provider's or
applicant's video lottery terminals to communicate with the
commission's video lottery central system for transmission of
auditing program information and for activation and disabling of
video lottery terminals.
(c) The video lottery central system design may not limit or
preclude potential providers from providing state-of-the-art,
industry-standard video lottery terminals and associated equipment
such as player tracking systems, accounting systems, progressive
systems, and bonusing systems, except for providers that fail to
meet registration or approval specifications established by the
commission.
(d) The commission may contract with a video lottery central
system provider to establish the video lottery central system.
Sec. 466.511. VIDEO LOTTERY TERMINAL PROVIDER:
REGISTRATION OR APPROVAL REQUIRED. (a) A person may not
manufacture or distribute video lottery equipment for use or play
in this state unless the person is registered as a video lottery
terminal provider or is otherwise approved by the commission to
manufacture or distribute video lottery equipment in this state. A
video lottery retailer may also hold a license as a video lottery
terminal provider under this section.
(b) Unless suspended or revoked, the registration or
approval expires on the date specified by the commission, which may
not be later than the 10th anniversary of the date of the
registration or approval. A person may renew an unexpired
registration or approval by paying the required renewal fee and
complying with the requirements of this subchapter and commission
rule.
(c) To be eligible for registration or approval as required
by this section, an applicant must satisfy all applicable
requirements under this subchapter.
Sec. 466.512. VIDEO LOTTERY TERMINAL PROVIDER: APPLICATION;
CHANGE IN INFORMATION. (a) The commission shall adopt rules
governing the registration or approval of video lottery terminal
providers and the information an applicant must provide to the
commission. The rules must require the application and any other
form or document submitted to the commission by or on behalf of the
applicant to determine the applicant's qualification under this
section to be sworn to or affirmed before an officer qualified to
administer oaths.
(b) The applicant must demonstrate the ability to comply
with all manufacturing, quality control, and operational
restrictions imposed on authorized video lottery equipment,
patented or otherwise restricted video lottery games, or other
video lottery equipment that the applicant seeks to manufacture or
distribute for use in this state. The registration or approval
process must include an on-site review of the applicant's
manufacturing equipment and process for each separate type of
authorized video lottery equipment to ensure compliance with the
requirements of this chapter and commission rules.
(c) Not later than the 30th day after the date of any change
in the information submitted on or with the application form, the
applicant shall notify the commission of the change, including a
change that occurs after the registration or other approval has
been granted.
(d) The applicant shall comply with all federal and state
laws, local ordinances, and rules.
Sec. 466.513. VIDEO LOTTERY TERMINAL PROVIDER: APPLICATION
FEE. (a) An applicant seeking registration or approval or renewal
of registration or approval as a video lottery terminal provider
must pay a nonrefundable application fee in the amount prescribed
by commission rule that is sufficient to pay the costs to the
commission of administering and approving video lottery terminals.
(b) Application fees paid under this section shall be
retained by the commission and may be used only to defray costs
incurred in the administration and enforcement of this chapter
relating to the operation of video lottery terminals.
[Sections 466.514-466.519 reserved for expansion]
Sec. 466.520. VIDEO LOTTERY RETAILER OR VIDEO LOTTERY
MANAGER LICENSE REQUIRED. Except as specifically provided by other
law, a person may not own or operate a video lottery terminal if the
person does not satisfy the requirements of this subchapter and is
not licensed by the commission to act as a video lottery retailer or
video lottery manager.
Sec. 466.521. VIDEO LOTTERY RETAILER OR VIDEO LOTTERY
MANAGER: APPLICATION AND QUALIFICATION. (a) An applicant for a
video lottery retailer or video lottery manager license must:
(1) hold a valid racetrack or pari-mutuel license
originally granted by the Texas Racing Commission under the Texas
Racing Act (Article 179e, Vernon's Texas Civil Statutes) on or
before January 1, 2011, and the location for the video lottery
terminal establishment must be in the county in which the license
holder's racetrack was authorized to operate under that license;
(2) have a valid and executed contract with a
racetrack or pari-mutuel license holder who satisfies the
requirements of Subdivision (1) to act as a video lottery manager
for the racetrack subject to licensing under this subchapter; or
(3) demonstrate to the commission's satisfaction that
the applicant seeks to act as a video lottery manager for a
federally recognized Indian tribe.
(b) Each officer, partner, director, key employee,
substantial interest holder, video lottery game operation
employee, and owner of video lottery game operations must be
eligible and maintain eligibility in accordance with this
subchapter to be involved in video lottery games in this state.
(c) The commission shall issue a video lottery retailer or
manager license to an applicant who meets the criteria established
by the commission rules.
(d) The commission shall adopt rules to implement this
section.
Sec. 466.522. VIDEO LOTTERY RETAILER OR VIDEO LOTTERY
MANAGER: APPLICATION FEE. (a) An applicant for a video lottery
retailer or video lottery manager license shall submit a
nonrefundable application processing fee in the amount prescribed
by commission rule that is sufficient and reasonable to pay the
costs of determining the applicant's eligibility, not to exceed
$5,000.
(b) An application may not be processed until the applicant
pays the application fee. If the application fee is not received by
the 30th day after the date the commission notifies the applicant of
the amount of the fee, the application is considered withdrawn and
may not be considered by the commission.
[Sections 466.523-466.524 reserved for expansion]
Sec. 466.525. VIDEO LOTTERY TERMINAL ESTABLISHMENT
LICENSE: REQUIREMENTS; LOCATION. (a) An applicant for a video
lottery terminal establishment license must ensure that the
facility for the establishment will comply with all applicable
building codes and rules of the commission. The rules adopted by
the commission relating to facilities for video lottery
establishments must relate solely to this state's interest in the
operation of video lottery terminals.
(b) A video lottery terminal establishment shall provide
office space for the commission sufficient for at least one
commission employee.
(c) An applicant for a video lottery terminal establishment
license or a license holder shall provide the information required
by commission rule relating to the applicant's or license holder's
video lottery terminal establishment and update the information at
least annually.
(d) Notwithstanding Section 466.155, the commission may not
deny, suspend, or revoke a license under this subchapter based on
the fact that a video lottery terminal establishment or a proposed
video lottery terminal establishment is 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.
(e) A video lottery terminal establishment may be located
only at the premises of a racetrack.
(f) Notwithstanding Subsections (a) and (b) and on request
of an applicant for a video lottery terminal establishment license,
the commission by rule shall authorize the applicant, on receipt of
a license issued under this chapter to operate a video lottery
terminal establishment at a racetrack that meets the requirements
of Section 466.555, to construct temporary facilities to house and
operate video lottery equipment for not more than two years. A
racetrack that is granted a waiver described by Section 466.555(h)
is considered to meet the requirements of Section 466.555 for
purposes of this subsection.
Sec. 466.526. LICENSE HOLDER AS SALES AGENT. The holder of
a video lottery retailer or video lottery manager license may
operate as a sales agent for lottery tickets in accordance with this
chapter.
Sec. 466.527. TERM; RENEWAL ELIGIBILITY. (a) Unless
suspended or revoked, a license, certificate of registration,
finding of suitability, or other affirmative regulatory approval
issued under this subchapter, other than a video lottery retailer
license, expires on the date specified in the license, certificate,
finding, or approval, which may not be later than the 10th
anniversary of the date of issuance.
(b) A video lottery retailer license is valid for the same
term as the retailer's racetrack or pari-mutuel license issued
under the Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes) unless suspended or revoked. The commission may charge
an annual fee not to exceed $50,000 to the holder of a video lottery
retailer license.
(c) To be eligible for renewal of a license, certificate of
registration, finding of suitability, or other affirmative
regulatory approval, an applicant must satisfy all applicable
requirements under this subchapter.
Sec. 466.528. RULES FOR ADDITIONAL QUALIFICATIONS. The
commission by rule may establish other license, certificate,
finding of suitability, or approval qualifications the commission
determines are in the public interest and consistent with the
declared policy of this state.
Sec. 466.529. APPLICATION AS REQUEST FOR CHARACTER
DETERMINATION. An application under this subchapter to receive or
renew a license, certificate of registration, finding of
suitability, or other affirmative regulatory approval constitutes
a request for a determination of the applicant's general character,
integrity, and ability to participate or engage in or be associated
with the operation of video lottery terminals.
Sec. 466.530. IMMUNITY FOR STATEMENT MADE IN PROCEEDING OR
INVESTIGATION. Any written or oral statement made in the course of
an official commission proceeding or investigative activities
related to an application for commission licensing, registration,
suitability determination, or other affirmative regulatory
approval under this subchapter, by any member or agent or any
witness testifying under oath, that is relevant to the purpose of
the proceeding is absolutely privileged and does not impose
liability for defamation or constitute a ground for recovery in any
civil action.
Sec. 466.531. SUITABILITY FINDING. To promote the
integrity and security of the video lottery system, the commission
in its discretion may require a suitability finding for any person
doing business with or in relation to the operation of video lottery
terminals who is not otherwise required to obtain a license,
registration, or approval from the commission for the person's
video lottery-related operations.
Sec. 466.532. SUMMARY SUSPENSION OF VIDEO LOTTERY RETAILER
OR VIDEO LOTTERY MANAGER LICENSE; TERMINAL DISABLED. (a) The
commission may summarily suspend the license of a video lottery
retailer or video lottery manager without notice or hearing if the
commission finds the action is necessary to maintain the integrity,
security, honesty, or fairness of the operation or administration
of the lottery or to prevent financial loss to this state and:
(1) the license holder fails to deposit money received
from video lottery terminal operations as required by this
subchapter or commission rule;
(2) an event occurs that would render the license
holder ineligible for a license under this subchapter;
(3) the license holder refuses to allow the
commission, the commission's agents, or the state auditor, or their
designees, to examine the license holder's books, records, papers,
or other objects under Section 466.017; or
(4) the executive director learns the license holder
failed to disclose information that would, if disclosed, render the
video lottery retailer or video lottery manager ineligible for a
license under this subchapter.
(b) A summary suspension under this section must comply with
the notice and procedure requirements provided by Section 466.160.
(c) The commission may disable a video lottery terminal
operated by a license holder under this subchapter at the time:
(1) a proceeding to summarily suspend the license is
initiated;
(2) the commission discovers the license holder failed
to deposit money received from video lottery terminal operations as
required if the license is being summarily suspended under this
section; or
(3) an act or omission occurs that, under commission
rules, justifies the termination of video lottery terminal
operations to:
(A) protect the integrity of the lottery or the
public health, welfare, or safety; or
(B) prevent financial loss to this state.
(d) The commission shall immediately disable a video
lottery terminal if necessary to protect the public health,
welfare, or safety.
Sec. 466.533. LICENSING, REGISTRATION, SUITABILITY, AND
REGULATORY APPROVAL AS REVOCABLE PERSONAL PRIVILEGES. (a) The
purchaser or successor of a person who holds a license,
registration, finding of suitability, or other affirmative
regulatory approval under this subchapter must independently
qualify for a license, registration, suitability, or approval
required by this subchapter.
(b) The following acts void the license, registration,
finding of suitability, or other affirmative regulatory approval of
the holder unless approved in advance by the commission:
(1) the transfer, sale, or other disposition of an
interest in the holder that results in a change in the identity of a
substantial interest holder; or
(2) the sale of the assets of the holder, other than
assets bought and sold in the ordinary course of business, or any
interest in the assets, to any person not already determined to have
met the applicable qualifications of this subchapter.
[Sections 466.534-466.535 reserved for expansion]
Sec. 466.536. VIDEO LOTTERY TERMINAL. The commission shall
provide all video lottery retailers or video lottery managers with
a list of registered video lottery terminal providers, video
lottery games, and video lottery terminals authorized for operation
under this subchapter.
Sec. 466.537. VIDEO LOTTERY TERMINAL: DISTRIBUTION AND
COMMISSION APPROVAL. (a) A video lottery terminal provider may not
distribute a video lottery terminal or other video lottery
equipment for placement at a video lottery terminal establishment
in this state unless the video lottery terminal or other video
lottery equipment has been approved by the commission.
(b) Only a video lottery terminal provider registered with
or approved by the commission may apply for approval of a video
lottery terminal or other video lottery equipment.
(c) Not later than the 10th day before the date of shipment
to a location in this state, a video lottery terminal provider shall
file a report with the commission itemizing all video lottery
terminals and other video lottery equipment to be provided to a
video lottery retailer or video lottery manager in the shipment.
Sec. 466.538. VIDEO LOTTERY TERMINAL: TESTING; REPORT. (a)
A video lottery terminal provider shall submit two copies of
terminal illustrations, schematics, block diagrams, circuit
analysis, technical and operation manuals, and any other
information requested by the commission for the purpose of
analyzing and testing the video lottery terminal or other video
lottery equipment.
(b) The commission may require a working model of a video
lottery terminal to be provided to the commission unless the video
lottery terminal provider provides a certification from an
independent, commission-approved testing laboratory that the video
lottery terminal is compatible with the state's video lottery
system and functions as required by the commission.
Sec. 466.539. VIDEO LOTTERY TERMINAL: INSTALLATION;
MODIFICATION REQUEST. (a) A video lottery terminal provider is
responsible for the assembly and installation of all video lottery
terminals and related video lottery equipment.
(b) A video lottery terminal provider, video lottery
retailer, or video lottery manager may not change the assembly or
operational functions of a video lottery terminal authorized by the
commission for placement in this state unless a request for
modification of an existing video lottery terminal prototype is
approved by the commission. The request must contain:
(1) a detailed description of the type of change;
(2) a detailed description of the reasons for the
change; and
(3) technical documentation of the change.
(c) A video lottery terminal approved by the commission for
placement at a video lottery terminal establishment must conform to
the specifications of the video lottery terminal prototype tested
or approved by the commission.
Sec. 466.540. VIDEO LOTTERY TERMINAL REMOVAL. (a) If any
video lottery terminal that has not been approved by the commission
is distributed by a video lottery terminal provider or operated by a
video lottery retailer or video lottery manager or if an approved
video lottery terminal malfunctions, the commission shall require
the terminal to be removed from use and play.
(b) The commission may order that an unapproved terminal be
seized and destroyed.
(c) The commission may suspend or revoke the license of a
video lottery retailer or video lottery manager or the registration
or approval of a video lottery terminal provider for the
distribution, possession, or operation of an unauthorized video
lottery terminal.
(d) A video lottery retailer or video lottery manager may
retain on the premises of a video lottery establishment a number of
machines that the retailer or manager determines is necessary for
spare parts or repair purposes or as replacements. The retailer or
manager must provide to the commission each month a list of the
terminals retained under this subsection.
Sec. 466.541. VIDEO LOTTERY TERMINAL SPECIFICATIONS. (a)
The commission shall adopt rules for approval of video lottery
terminals, including requirements for video lottery game tickets,
maximum and minimum payout, and maximum wagers.
(b) A commission-approved video lottery terminal must meet
the following minimum specifications:
(1) the terminal must:
(A) operate through a player's insertion of a
coin, currency, voucher, or token into the video lottery terminal
that causes the video lottery terminal to display credits that
entitle the player to select one or more symbols or numbers or cause
the video lottery terminal to randomly select symbols or numbers;
(B) allow the player to win additional game play
credits, coins, or tokens based on game rules that establish the
random selection of winning combinations of symbols or numbers and
the number of free play credits, coins, or tokens to be awarded for
each winning combination; and
(C) allow the player at any time to clear all game
play credits and receive a video lottery ticket or other
representation of credits entitling the player to receive the cash
value of those credits;
(2) a surge protector must be installed on the
electrical power supply line to each video lottery terminal, a
battery or equivalent power backup for the electronic meters must
be capable of maintaining the accuracy of all accounting records
and video lottery terminal status reports for a period of 180 days
after power is disconnected from the video lottery terminal, and
the power backup device must be in the compartment specified in
Subdivision (4);
(3) the operation of each video lottery terminal may
not be adversely affected by any static discharge or other
electromagnetic interference;
(4) the main logic boards of all electronic storage
mediums must be located in a separate compartment in or from the
video lottery terminal that is locked and sealed by the commission;
(5) the instructions for play of each game must be
displayed on the video lottery terminal face or screen, including a
display detailing the credits awarded for the occurrence of each
possible winning combination of numbers or symbols;
(6) communication equipment and devices must be
installed to enable each video lottery terminal to communicate with
the video lottery central system through the use of a
communications protocol provided by the commission to each
registered video lottery terminal provider, which must include
information retrieval and programs to activate and disable the
terminal; and
(7) a video lottery terminal may be operated only if
connected to the video lottery central system, and play on the
terminal may not be conducted unless the terminal is connected to
the video lottery central system.
Sec. 466.542. VIDEO LOTTERY TERMINALS: HOURS OF OPERATION;
COMMUNICATION; LOCATION. (a) Except as otherwise provided by the
commission, the hours of operation for video lottery terminals are
subject to restrictions only as provided by commission rules.
(b) The commission by rule may prescribe restrictions on the
hours of video lottery terminal operations for purposes of
accounting for and collecting revenue generated by video lottery
terminal operations and performing other operational services on
the video lottery system.
(c) Communication between the video lottery central system
and each video lottery terminal must be continuous and on a
real-time basis as prescribed by the commission.
(d) Except as provided by commission rule, placement or
movement of video lottery terminals in a video lottery terminal
establishment must be consistent with a video lottery terminal
establishment floor plan filed with the commission.
Sec. 466.543. VIDEO LOTTERY TERMINAL: TRANSPORT;
DISPOSITION OF OBSOLETE TERMINAL. (a) The transportation and
movement of video lottery terminals into or within this state is
prohibited, except as permitted by this subchapter and approved by
the commission.
(b) An obsolete video lottery terminal or a video lottery
terminal that is no longer in operation must be promptly reported to
the commission.
[Section 466.544 reserved for expansion]
Sec. 466.545. TRAVEL AND INVESTIGATION COSTS. The
commission shall pay the travel and investigative expenses incurred
under this subchapter from money appropriated to the commission.
Sec. 466.546. CONSENT TO COMMISSION DETERMINATION. (a) An
application for a license, certificate of registration, finding of
suitability, or other affirmative regulatory approval under this
subchapter constitutes a request to the commission for a decision
on the applicant's general suitability, character, integrity, and
ability to participate or engage in or be associated with the
lottery in the manner or position sought.
(b) By filing an application with the commission, the
applicant specifically consents to the commission's decision at the
commission's election when the application, after filing, becomes
moot for any reason other than death.
Sec. 466.547. ABSOLUTE AUTHORITY OF COMMISSION. To protect
the integrity of the lottery or the public health, welfare, or
safety, or to prevent financial loss to this state, the commission
has full and absolute power and authority, subject to Chapter 2001,
to:
(1) deny any application or limit, condition,
restrict, revoke, or suspend any license, registration, finding of
suitability, or other affirmative regulatory approval; and
(2) fine any person licensed, registered, found
suitable, or approved for cause.
Sec. 466.548. INSTITUTIONAL INVESTOR. The commission shall
adopt rules regarding a finding of suitability for an institutional
investor in a person licensed under this subchapter.
[Sections 466.549-466.550 reserved for expansion]
Sec. 466.551. EFFECT OF DENIAL OF LICENSE, REGISTRATION,
FINDING OF SUITABILITY, OR APPROVAL. (a) A person whose
application for a license, registration, finding of suitability, or
other affirmative regulatory approval has been denied may not have
any interest in or association with a video lottery retailer or
video lottery manager or any other business conducted in connection
with video lottery without prior approval of the commission.
(b) Any contract between a person holding a license,
certificate of registration, finding of suitability, or other
affirmative regulatory approval and a person denied a license,
certificate of registration, finding of suitability, or other
affirmative regulatory approval must be terminated immediately on
receipt of notice from the commission. If the person denied a
license, certificate of registration, finding of suitability, or
other affirmative regulatory approval has previously been granted a
temporary license, certificate of registration, finding of
suitability, or other affirmative regulatory approval, the
temporary license, certificate of registration, finding of
suitability, or other affirmative regulatory approval expires
immediately on denial of the permanent license, certificate of
registration, finding of suitability, or other affirmative
regulatory approval.
(c) Except as otherwise authorized by the commission, a
person denied a license, certificate of registration, finding of
suitability, or other affirmative regulatory approval may not
reapply for any license, certificate of registration, finding of
suitability, or other affirmative regulatory approval before the
second anniversary of the date of the denial.
[Section 466.552 reserved for expansion]
Sec. 466.553. PRACTICE BY VIDEO LOTTERY RETAILER OR VIDEO
LOTTERY MANAGER. A video lottery retailer or video lottery manager
must:
(1) be aware of patron conditions and prohibit play by
visibly intoxicated patrons;
(2) comply with state alcoholic beverage control laws;
(3) at all times maintain sufficient change and cash
in denominations accepted by video lottery terminals;
(4) promptly report all video lottery terminal
malfunctions and downtime;
(5) install, post, and display prominently any
material required by the commission;
(6) prohibit illegal gambling and any related
paraphernalia;
(7) except as otherwise provided by this subchapter,
at all times prohibit money lending or other extensions of credit at
the video lottery terminal establishment;
(8) supervise employees and activities to ensure
compliance with all commission rules and this subchapter;
(9) maintain continuous camera coverage of all aspects
of video lottery game operations, including video lottery
terminals; and
(10) maintain an entry log for each video lottery
terminal on the premises of the video lottery terminal
establishment and maintain and submit complete records on receipt
of each video lottery terminal on the premises as determined by the
commission.
Sec. 466.554. RACETRACK REQUIREMENTS. (a) A video lottery
retailer at all times must hold a valid racetrack or pari-mutuel
wagering license issued by the Texas Racing Commission.
(b) A video lottery retailer that meets the qualifications
of Section 466.521(a)(1) is considered to meet the requirements of
this section.
Sec. 466.555. LIVE RACING REQUIREMENT. (a) "Class 1
racetrack," "class 2 racetrack," and "class 3 racetrack" have the
meanings assigned by Section 6.02, Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes).
(b) Except as provided by Subsection (d), a class 1
racetrack that operates a video lottery terminal establishment:
(1) shall annually offer for pari-mutuel wagering on
quarter horse and Thoroughbred races at that racetrack not fewer
than the greater of:
(A) the number of live racing days conducted by
the racetrack for each breed in 2002; or
(B) 50 live race days or 500 live races for each
breed; and
(2) may not conduct live racing on any day on which
another horse racetrack located within a 100-mile radius of the
racetrack conducts live racing for the same breed.
(c) Except as provided by Subsection (d), a class 2
racetrack that operates a video lottery terminal establishment:
(1) shall annually offer for pari-mutuel wagering on
quarter horse and Thoroughbred races at that racetrack not fewer
than the greater of:
(A) the number of live racing days conducted by
the racetrack for each breed in 2002; or
(B) 25 live race days or 250 live races for each
breed; and
(2) may not conduct live racing on any day on which
another horse racetrack within a 100-mile radius of the racetrack
conducts live racing for the same breed.
(d) A class 1 or class 2 racetrack may conduct fewer live
racing days or live races than required by Subsection (b) or (c) for
any breed if the racetrack, the applicable officially recognized
breed registry, and the officially recognized horsemen's
organization for that breed enter into a written agreement to
conduct fewer racing days or live races.
(e) A class 2 or class 3 racetrack that operates a video
lottery terminal establishment and that is located within a
100-mile radius of a class 1 racetrack may not conduct a horse race
in a manner that, for any breed, would result in:
(1) an average daily purse amount that exceeds the
average daily purse amount at the immediately preceding race
meeting for that breed at the class 1 racetrack unless otherwise
agreed to by both racetracks; or
(2) total purse amounts for that race meeting that
exceed the total purse amounts for the immediately preceding race
meeting for that breed at the class 1 racetrack unless otherwise
agreed to by both racetracks.
(f) A class 2 or class 3 racetrack subject to Subsection (e)
shall transfer any purse money in the Texas equine development fund
for that racetrack in excess of the maximum purse amounts
authorized under Subsection (e) to the horsemen's organization for
the same breed at the class 1 racetrack within the specified radius
for use by the organization, unless the class 1 racetrack and the
horsemen's organization agree to allow some or all of the excess
purse money to be transferred and used for the same breed by the
horsemen's organization at another racetrack or racetracks.
(g) A greyhound racetrack that operates a video lottery
terminal establishment shall offer not fewer than 420 live
greyhound racing performances in each calendar year, unless
otherwise agreed to in writing by the racetrack and the officially
recognized greyhound breed registry. For purposes of this
subsection, "greyhound racing performance" means the consecutive
running of not fewer than 12 greyhound races.
(h) The Texas Racing Commission shall adopt rules to
implement this section, including rules governing waiver of the
requirements of this section due to fire, weather, absence of
existing facilities required to conduct pari-mutuel wagering on
live racing, or other events beyond the reasonable control of the
pari-mutuel license holder. A waiver granted under this subsection
for construction of a new racetrack facility:
(1) expires on the second anniversary of the date of
issuance; and
(2) must include a provision that addresses the
transfer of a portion of the revenue generated from the operation of
the video lottery terminals as provided under this chapter to the
applicable Texas equine development fund or Texas canine
development fund during the term of the waiver.
(i) If a racetrack is in violation of this section and is
denied a waiver of the requirements of this section by the Texas
Racing Commission, the racing commission shall:
(1) require that, beginning on the date the request
for the waiver is denied, the racetrack's share of net terminal
income be placed in an escrow account and remain in that account
until the racing commission approves its release; and
(2) provide for the timely release of money from the
escrow account for required payments of debt instruments, license
fees, and other ordinary operating expenses.
(j) The Texas Racing Commission may not approve the release
of the remainder of the money in the escrow account after the
payments authorized under Subsection (i)(2) until the racing
commission certifies that, in the racing commission's judgment, the
racetrack has taken the actions required by the racing commission
to correct violations of this section. If the racing commission
makes the certification before live racing resumes at the
racetrack, it shall grant a waiver of the requirements of this
section. The actions required by the racing commission to correct
violations of this section must be a condition of the waiver and
must include a period for completion of the specified actions. If
the racetrack fails to adhere to the conditions of the waiver, the
waiver is revoked.
(k) A racetrack is ineligible to hold a video lottery
terminal establishment license under this subchapter if:
(1) the Texas Racing Commission denies a waiver of the
requirements of this section;
(2) the denial is not reversed after all appeals of
that decision by that racetrack are final; and
(3) the racetrack fails to take the actions required
by the racing commission to correct violations of this section.
Sec. 466.556. PRIZE RULES. The commission shall adopt
rules governing:
(1) the range of amounts a player may be charged to
play each video lottery game; and
(2) the range of prizes and credits that may be awarded
to the player of a video lottery game.
Sec. 466.557. VIDEO LOTTERY CENTRAL SYSTEM: COMMUNICATION
TECHNOLOGY. The video lottery central system provider shall pay
for the installation and operation of commission-approved
communication technology to provide communication between each
video lottery terminal and the video lottery central system.
Sec. 466.558. RESPONSIBILITY FOR VIDEO LOTTERY GAME
OPERATIONS. (a) A video lottery retailer or a video lottery
manager, if applicable, is responsible for the management of video
lottery game operations, including:
(1) the validation and payment of prizes,
determination of game themes, prizes, bonuses, progressives,
number and placement of video lottery terminals, and individual pay
out percentage settings; and
(2) the management of cashiers, food and beverage
workers, floor workers, security personnel, the security system,
building completion, janitorial services, landscaping design, and
maintenance.
(b) Nothing in Subsection (a) limits the authority of the
commission, the Department of Public Safety, or another law
enforcement agency to administer and enforce this chapter as
related to video lottery.
(c) In addition to other requirements under this chapter
relating to video lottery, a video lottery retailer or a video
lottery manager at all times shall:
(1) operate only video lottery terminals that are
distributed by a registered or approved video lottery terminal
provider and provide a secure location for the placement,
operation, and play of the video lottery terminals;
(2) prevent any person from tampering with or
interfering with the operation of a video lottery terminal;
(3) ensure that communication technology from the
video lottery central system to the video lottery terminals is
connected at all times and prevent any person from tampering or
interfering with the operation of the connection;
(4) ensure that video lottery terminals are in the
sight and control of designated employees of the video lottery
retailer or video lottery manager and in the sight of video cameras
as required under this subchapter;
(5) ensure that video lottery terminals are placed and
remain placed in the locations in the video lottery terminal
establishment that are consistent with the retailer's or manager's
floor plan;
(6) monitor video lottery terminals to prevent access
to or play by persons who are under 21 years of age or who are
visibly intoxicated;
(7) pay all credits won by a player on presentment of a
valid winning video lottery game ticket;
(8) install, post, and display prominently at the
licensed location redemption information and other informational
or promotional materials as required by the commission;
(9) maintain general liability insurance coverage for
the video lottery terminal establishment and all video lottery
terminals in the amounts required by the commission;
(10) assume liability for money lost or stolen from
any video lottery terminal; and
(11) annually submit an audited financial statement to
the commission in accordance with generally accepted accounting
principles.
[Section 466.559 reserved for expansion]
Sec. 466.560. TECHNICAL STANDARDS FOR VIDEO LOTTERY
EQUIPMENT. The commission by rule shall establish minimum
technical standards for video lottery equipment that may be
operated in this state.
Sec. 466.561. INCIDENT REPORTS. (a) A video lottery
retailer or video lottery manager shall record all unusual
occurrences related to gaming activity in a video lottery terminal
establishment operated by the retailer or manager.
(b) A video lottery retailer or video lottery manager shall
assign each material incident, without regard to materiality, a
sequential number and, at a minimum, provide the following
information in a permanent record prepared in accordance with
commission rules to ensure the integrity of the record:
(1) the number assigned to the incident;
(2) the date and time of the incident;
(3) the nature of the incident;
(4) each person involved in the incident; and
(5) the name of the employee or other agent of the
video lottery retailer or video lottery manager who investigated
the incident.
Sec. 466.562. EXCLUSION OF PERSONS. (a) The commission
shall compile a list of persons that a video lottery retailer or
video lottery manager must bar from a video lottery terminal
establishment based on a person's criminal history or association
with criminal offenders or because the person poses a threat to the
integrity of the lottery.
(b) A video lottery retailer or video lottery manager shall
employ the retailer's or manager's best efforts to exclude such
persons from entry into the establishment.
(c) A video lottery retailer or video lottery manager may
exclude a person for any reason not related to the person's race,
sex, national origin, physical disability, or religion.
(d) A person who believes the person may be playing video
lottery games on a compulsive basis may request that the person's
name be placed on the list compiled by the commission under
Subsection (a).
(e) All video lottery game employees shall receive training
in identifying players with a compulsive playing problem. Signs
and other materials shall be readily available to direct compulsive
players to agencies that offer appropriate counseling.
Sec. 466.563. REPORT ON LITIGATION. (a) A video lottery
retailer or video lottery manager shall report to the commission
any litigation relating to the retailer's or manager's video
lottery terminal establishment, including a criminal proceeding, a
proceeding involving an issue related to racing activities that
impact video lottery operations, or a matter related to character
or reputation relevant to a person's suitability under this
subchapter.
(b) The report required under Subsection (a) must be filed
not later than the fifth day after the date the video lottery
retailer or video lottery manager acquired knowledge of the
litigation.
Sec. 466.564. COMMISSION APPROVAL REQUIRED FOR PROCEDURES
AND ACCOUNTING CONTROLS. (a) The commission's approval is
required for all internal procedures and accounting controls of a
video lottery retailer or video lottery manager.
(b) The commission by rule shall establish general
accounting and auditing requirements and internal control
standards for video lottery retailers and video lottery managers.
[Section 466.565 reserved for expansion]
Sec. 466.566. VIDEO LOTTERY TERMINAL EVENTS. A video
lottery retailer or video lottery manager shall keep a record of
video lottery terminal events. The commission by rule shall
determine what constitutes a video lottery terminal event for
purposes of this section.
Sec. 466.567. EMPLOYEE REPORTING. (a) On or before the
15th day of each month, a video lottery retailer or video lottery
manager shall submit to the commission an employee report for the
video lottery terminal establishment operated by the retailer or
manager. For each employee of the retailer or manager, the report
must provide the employee's name, job title, date of birth, and
social security number.
(b) The employee report is confidential and may not be
disclosed except under commission order or in accordance with
Section 466.022(d).
(c) The commission may conduct criminal history
investigations for employees of video lottery retailers and video
lottery managers.
(d) The commission may prohibit an employee from performing
any act relating to video lottery terminals if the commission finds
that an employee has:
(1) committed, attempted, or conspired to commit any
act prohibited by this chapter;
(2) concealed or refused to disclose any material fact
in any commission investigation;
(3) committed, attempted, or conspired to commit
larceny or embezzlement;
(4) been convicted in any jurisdiction of an offense
involving or relating to gambling;
(5) accepted employment in a position for which
commission approval is required after commission approval was
denied for a reason involving personal unsuitability or after
failing to apply for a license or approval on commission request;
(6) been prohibited under color of governmental
authority from being present on the premises of any gaming
establishment or any establishment where pari-mutuel wagering is
conducted for any reason relating to improper gambling activity or
for any illegal act;
(7) wilfully defied any legislative investigative
committee or other officially constituted body acting on behalf of
the United States or any state, county, or municipality that sought
to investigate alleged or potential crimes relating to gaming,
corruption of public officials, or any organized criminal
activities; or
(8) been convicted of any felony or any crime
involving moral turpitude.
(e) The commission may prohibit an employee from performing
any act relating to video lottery terminals based on a revocation or
suspension of any gaming or wagering license, certificate of
registration, finding of suitability, or other affirmative
regulatory approval or for any other reason the commission finds
appropriate, including a refusal by a regulatory authority to issue
a license, certificate of registration, finding of suitability, or
other affirmative regulatory approval for the employee to engage in
or be involved with the lottery or with regulated gaming or
pari-mutuel wagering in any jurisdiction.
(f) In this section, "employee" includes any person
connected directly with or compensated by an applicant or the
holder of a license, certificate of registration, finding of
suitability, or other affirmative regulatory approval under this
subchapter as an agent, personal representative, consultant, or
independent contractor for activities directly related to video
lottery operations in this state.
Sec. 466.568. REPORT OF VIOLATIONS. A person who holds a
license, certificate of registration, finding of suitability, or
other affirmative regulatory approval under this subchapter shall
immediately report a violation or suspected violation of this
chapter or a rule adopted under this chapter by any holder of a
license, certificate of registration, finding of suitability, or
other affirmative regulatory approval, by an employee of the
holder, or by any person on the premises of a video lottery terminal
establishment, whether or not associated with the holder.
Sec. 466.569. SECURITY. (a) In addition to the security
provisions applicable under Section 466.020, a video lottery
retailer or video lottery manager shall comply with the following
security procedures:
(1) all video lottery terminals must be continuously
monitored through the use of a closed-circuit television system
that records activity for a continuous 24-hour period and all video
tapes or other media used to store video images shall be retained
for at least 30 days and made available to the commission on
request;
(2) access to video lottery terminal areas shall be
restricted to persons who are at least 21 years of age;
(3) the video lottery retailer or video lottery
manager must provide to the commission a security plan for the
retailer or manager's video lottery operations that includes a
floor plan of the area where video lottery terminals are to be
operated showing video lottery terminal locations and security
camera mount locations; and
(4) each license holder shall employ at least the
minimum number of private security personnel the commission
determines is necessary to provide for safe and approved operation
of the video lottery terminal establishment and the safety and
well-being of the players.
(b) Private security personnel must be present during all
hours of operation at each video lottery terminal establishment.
(c) An agent or employee of the commission or the Department
of Public Safety or other law enforcement personnel may be present
at a video lottery terminal establishment at any time.
(d) The commission may adopt rules to impose additional
surveillance and security requirements related to video lottery
terminal establishments and the operation of video lottery
terminals.
Sec. 466.570. VIDEO LOTTERY TERMINAL ESTABLISHMENT:
COMMISSION RIGHT TO ENTER. The commission, the commission's
representative, the Texas Racing Commission, or a representative of
the Texas Racing Commission, after displaying appropriate
identification and credentials, has the free and unrestricted right
to enter the premises of a video lottery terminal establishment and
to enter any other locations involved in operation or support of
video lottery at all times to examine the systems and to inspect and
copy the records of a video lottery retailer or video lottery
manager pertaining to the operation of video lottery.
[Sections 466.571-466.586 reserved for expansion]
Sec. 466.587. INDEMNIFICATION REQUIREMENTS. The holder of
a license, certificate of registration, finding of suitability, or
other affirmative regulatory approval shall indemnify and hold
harmless this state, the commission, and all officers and employees
of this state and the commission from any and all claims which may
be asserted against the holder, the commission, this state, and the
members, officers, employees, and authorized agents of this state
or the commission arising from the holder's participation in the
video lottery system authorized under this subchapter.
Sec. 466.588. LIABILITY FOR CREDIT AWARDED OR DENIED;
PLAYER DISPUTE. (a) This state and the commission are not liable
for any video lottery terminal malfunction or error by a video
lottery retailer, video lottery manager, or video lottery terminal
provider that causes credit to be wrongfully awarded or denied to
players.
(b) Any dispute arising between a player and a video lottery
retailer or video lottery manager shall be resolved by the
commission as follows:
(1) if the fair market value of the prize is less than
$1,000, the dispute shall be resolved in accordance with the
commission-approved written policies of the video lottery retailer
or video lottery manager and without any relief available from the
commission or this state; or
(2) if the fair market value of the prize is $1,000 or
more, the dispute shall be resolved by the commission in the
commission's sole discretion in accordance with commission rules.
(c) A court of this state does not have jurisdiction to
review the decision of the commission resolving a dispute between a
player and a video lottery retailer, video lottery manager, or
video lottery terminal provider.
Sec. 466.589. STATE VIDEO LOTTERY ACCOUNT. (a) The
commission shall deposit funds received under this subchapter to
the state video lottery account. The state video lottery account is
a special account in the general revenue fund. The account consists
of all revenue received by this state from the operation of video
lottery terminals.
(a-1) Notwithstanding Section 466.355(b), the commission
may expend an amount not to exceed $5 million from the state lottery
account to establish the video lottery system in accordance with
this chapter and from revenue deposited in the state video lottery
account may reimburse the state lottery account for the total
amount of funds expended from the state lottery account to
establish the video lottery system. This subsection expires
January 1, 2015.
(b) An amount not to exceed one percent of the net terminal
income received by this state under Section 466.590 shall be
allocated to the commission to defray expenses incurred in
administering this chapter related to video lottery, including
expenses incurred to operate the video lottery central system. All
money allocated to the commission under this subsection may be
retained by the commission to defray expenses of administering this
chapter related to video lottery and shall be deposited in the state
video lottery account.
Sec. 466.590. ALLOCATION OF NET TERMINAL INCOME; TRANSFER
OF MONEY. (a) Net terminal income derived from the operation of
video lottery games in this state is allocated as follows:
(1) a portion of the net terminal income generated in
each calendar year shall be remitted to this state by the video
lottery retailer or video lottery manager in an amount equal to 30
percent of the net terminal income for that year; and
(2) the remainder shall be retained by the video
lottery retailer or video lottery manager.
(b) Ten million dollars of the net terminal income received
by this state under Subsection (a) shall annually in equal monthly
installments be transferred to the Texas Racing Commission to be
expended solely for the treatment of compulsive gamblers and the
promotion of responsible gaming.
(c) Ten million dollars of the net terminal income received
by this state under Subsection (a) shall annually in equal monthly
installments be transferred to the criminal justice planning fund
for use by the criminal justice division of the governor's office to
be used to prosecute offenses under Chapter 47, Penal Code.
(d) The commission shall require a video lottery retailer or
video lottery manager to establish a separate electronic funds
transfer account for depositing money from video lottery terminal
operations, making payments to the commission or its designee, and
receiving payments from the commission or its designee.
(e) A video lottery retailer or video lottery manager may
not make payments to the commission in cash. As authorized by the
commission, a video lottery retailer or video lottery manager may
make payments to the commission by cashier's check.
(f) The commission at least weekly shall transfer this
state's share of net terminal income of a video lottery retailer or
video lottery manager to the commission through the electronic
transfer of the money.
(g) The commission by rule shall establish the procedures
for:
(1) depositing money from video lottery terminal
operations into electronic funds transfer accounts; and
(2) handling money from video lottery terminal
operations.
(h) Unless otherwise directed by the commission, a video
lottery retailer or a video lottery manager shall maintain in its
account this state's share of the net terminal income from the
operation of video lottery terminals, to be electronically
transferred by the commission on dates established by the
commission. On a license holder's failure to maintain this
balance, the commission may disable all of a license holder's video
lottery terminals until full payment of all amounts due is made.
Interest shall accrue on any unpaid balance at a rate consistent
with the amount charged under Section 111.060, Tax Code. The
interest shall begin to accrue on the date payment is due to the
commission.
(i) In the commission's sole discretion, rather than
disable a license holder's video lottery terminals under Subsection
(h), the commission may elect to impose a fine on a license holder
in an amount determined by the commission not to exceed $250,000 for
each violation. If the license holder fails to remedy the
violation, including payment of any amounts assessed by or due to
this state, on or before the 30th day after the date the license
holder is notified of the violation, the commission may disable the
license holder's video lottery terminals or use any other means for
collection as provided by the penalty chart established by the
commission.
(j) A video lottery retailer or video lottery manager is
solely responsible for resolving any income discrepancies between
actual money collected and the net terminal income reported by the
video lottery central system. Unless an accounting discrepancy is
resolved in favor of the video lottery retailer or video lottery
manager, the commission may not make any credit adjustments. Any
accounting discrepancies which cannot otherwise be resolved shall
be resolved in favor of the commission.
(k) A video lottery retailer and video lottery manager shall
remit payment as directed by the commission if the electronic
transfer of money is not operational or the commission notifies the
license holder that other remittance is required. The license
holder shall report this state's share of net terminal income, and
remit the amount generated from the terminals during the reporting
period.
Sec. 466.591. COMMISSION EXAMINATION OF FINANCIAL RECORDS.
The commission may examine all accounts, bank accounts, financial
statements, and records in the possession or control of a person
licensed under this subchapter or in which the license holder has an
interest. The license holder must authorize and direct all third
parties in possession or in control of the accounts or records to
allow examination of any of those accounts or records by the
commission.
Sec. 466.592. FINANCIAL INFORMATION REQUIRED. (a) A video
lottery retailer or video lottery manager shall furnish to the
commission all information and bank authorizations required to
facilitate the timely transfer of money to the commission.
(b) A video lottery retailer or video lottery manager must
provide the commission advance notice of any proposed account
changes in information and bank authorizations to assure the
uninterrupted electronic transfer of money.
(c) The commission is not responsible for any interruption
or delays in the transfer of money. The video lottery retailer or
video lottery manager is responsible for any interruption or delay
in the transfer of money.
Sec. 466.593. TRANSFERS OF VIDEO LOTTERY PROCEEDS FOR
CERTAIN PURPOSES; RACING FACILITIES CAPITAL IMPROVEMENT ACCOUNT.
(a) A video lottery retailer or video lottery manager that operates
a video lottery terminal establishment at a horse racetrack at
least weekly shall transfer:
(1) 11 percent of the net terminal income to the Texas
equine development fund established at that racetrack; and
(2) one percent of the net terminal income to the
performance horse development fund.
(b) A video lottery retailer or video lottery manager that
operates a video lottery terminal establishment at a greyhound
racetrack shall transfer 12 percent of the net terminal income to
the Texas canine development fund established at that racetrack.
(c) A video lottery retailer or video lottery manager that
operates a video lottery terminal establishment at a horse
racetrack shall provide at least $1 million, or a different amount
required by the Texas Racing Commission, in accident insurance
coverage for jockeys participating in a race meeting at its
racetrack. The Texas Racing Commission:
(1) may review and approve the adequacy of the
coverage;
(2) shall annually adjust for inflation the minimum
coverage amount; and
(3) shall annually publish in the Texas Register the
revised minimum coverage amount.
(d) A video lottery retailer or video lottery manager shall
provide all necessary capital investments and required
improvements for the video lottery terminal establishment.
(e) A video lottery retailer or video lottery manager shall
make at least weekly payments to the racing facilities capital
improvement account in an amount equal to one-half of one percent of
the net terminal income unless a racing facilities agreement
providing for a different amount is filed with the Texas Racing
Commission.
(f) The racing facilities capital improvement account is an
escrow account maintained by the Texas Racing Commission. A
transfer of money from the account requires:
(1) for a horse racetrack, the signatures of:
(A) a designated official of the horse racetrack;
and
(B) a designated representative appointed by a
majority of the quarter horse state breed registry, the
Thoroughbred state horse breed registry, and the horsemen's
organization; or
(2) for a greyhound racetrack, the signatures of:
(A) a designated official of the greyhound
racetrack; and
(B) a designated representative of the Texas
Greyhound Association.
(g) The Texas Racing Commission shall adopt rules to
administer this section. The rules must require the electronic
transfer of funds to the accounts described in this section.
(h) A matter considered by the Texas Racing Commission under
this section is a contested case under Chapter 2001 and requires a
public hearing.
Sec. 466.594. PAYMENTS FROM NET TERMINAL INCOME WHEN LIVE
RACING DOES NOT OCCUR. (a) A video lottery retailer or video
lottery manager shall promptly and fully make each payment or
transfer from the net terminal income required under this chapter
on behalf of the video lottery terminal establishment at the
racetrack even if live racing at that racetrack is shortened,
canceled, or delayed for any reason.
(b) If a horse racetrack fails to request the minimum number
of required live race dates or fails to offer the minimum number of
required live races despite issuance of live race dates, does not
receive a waiver of that violation from the Texas Racing Commission
as provided under this subchapter, and does not have an agreement
with the affected state horse breed registries and horsemen's
organization, the applicable state horse breed registries and the
horsemen's organization may, in their sole discretion, transfer all
money to which they are entitled under this chapter from that
racetrack to the respective accounts under their control at another
racetrack or racetracks.
(c) If a greyhound racetrack fails to request the minimum
number of required live race dates or fails to offer the minimum
number of required live races despite issuance of live race dates,
does not receive a waiver of that violation from the Texas Racing
Commission as provided under this subchapter, and does not have an
agreement with the affected officially recognized greyhound breed
registry, the Texas Greyhound Association may, in its sole
discretion, transfer all money to which the association is entitled
under this chapter from that racetrack to the account under its
control at another racetrack or racetracks.
Sec. 466.595. EQUINE RESEARCH FUNDING; USES OF TEXAS CANINE
DEVELOPMENT FUND OR TEXAS EQUINE DEVELOPMENT FUND AT EACH
RACETRACK. (a) The amount equal to 0.025 percent of the net
terminal income generated at a video lottery terminal establishment
at a horse racetrack shall be transferred from the Texas equine
development fund for that racetrack to the equine research account
of the Texas Agricultural Experiment Station for use in equine
research, including facilities development under Subchapter F,
Chapter 88, Education Code. The money transferred under this
subsection shall supplement, and may not replace, funding provided
under the Texas Racing Act (Article 179e, Vernon's Texas Civil
Statutes).
(b) Each video lottery retailer or video lottery manager
that operates a video lottery terminal establishment at a racetrack
shall, at least weekly, transfer to the racing facilities capital
improvement account from the racetrack's Texas equine development
fund or Texas canine development fund, as applicable, an amount
equal to one-half of one percent of the net terminal income unless a
racing facilities agreement providing for a different amount is
filed with the Texas Racing Commission.
(c) Unless an agreement between the state horse breed
registries and the horsemen's organization provides otherwise, and
after any other allocations required by this subchapter, the
remainder of the money deposited in the Texas equine development
fund at a horse racetrack must:
(1) be used for purses and the Texas-bred incentive
programs and may be used for other programs considered beneficial
to the equine industry, including:
(A) equine retirement, adoption, and retraining
programs;
(B) programs to test for banned
performance-enhancing equine drugs, performance-enhancing drug
testing research, and equipment and facilities of laboratories
providing those services in this state; and
(C) other programs to improve the working
environment in stable areas of racetracks; and
(2) be allocated as follows:
(A) the amount equal to 4.43 percent of the net
terminal income to the horsemen's organization to supplement
Thoroughbred racing purses;
(B) the amount equal to 2.385 percent of the net
terminal income to the horsemen's organization to supplement
quarter horse racing purses;
(C) the amount equal to 2.38 percent of the net
terminal income to the Thoroughbred state horse breed registry; and
(D) the amount equal to 1.28 percent of the net
terminal income to the quarter horse state horse breed registry.
(d) From the money allocated under Subsection (c)(2)(A),
pursuant to an agreement between the Texas Arabian Breeders
Association and the horsemen's organization, the horsemen's
organization shall allocate a portion of the money for purses for
the Arabian horse racing industry. The agreement must provide that
not less than the amount equal to 0.199 percent of the net terminal
income be allocated for Arabian horse racing purses. If an
agreement is not made, the horsemen's organization shall transfer
to the Texas Arabian horse racing industry the amount equal to 0.199
percent of the net terminal income for Arabian horse racing purses.
(e) From the money allocated under Subsection (c)(2)(B),
pursuant to an agreement between the Texas Paint Horse Breeders'
Association and the horsemen's organization, the horsemen's
organization shall allocate a portion of the money for purses for
the paint horse racing industry. If the agreement is not made, the
horsemen's organization shall transfer to the paint horse racing
industry an amount equal to 0.072 percent of the net terminal income
for paint horse racing purses.
(f) From the money allocated under Subsection (c)(2)(C),
pursuant to an agreement between the Texas Arabian Breeders
Association and the Thoroughbred state horse breed registry, the
registry shall allocate a portion of the money for the Arabian horse
racing industry state-breed programs. The agreement must provide
that not less than the amount equal to 0.107 percent of the net
terminal income be allocated for Arabian state-breed programs. If
an agreement is not made, the Thoroughbred state horse breed
registry shall transfer to the Texas Arabian horse racing industry
for state-breed programs the amount equal to 0.107 percent of the
net terminal income.
(g) From the money allocated under Subsection (c)(2)(D),
pursuant to an agreement between the Texas Paint Horse Breeders'
Association and the quarter horse state horse breed registry, the
registry shall allocate a portion of the money for state-breed
programs for the paint horse racing industry. If an agreement is
not made, the registry shall transfer to the paint horse racing
industry an amount equal to 0.038 percent of the net terminal income
for paint horse state-breed programs.
(h) Following the other transfers and allocations required
by this subchapter, the remainder of the money deposited in the
Texas canine development fund at a greyhound racetrack is allocated
as follows:
(1) the amount equal to 4.75 percent of the net
terminal income to supplement greyhound racing purses;
(2) the amount equal to 4.75 percent of the net
terminal income to supplement accredited Texas-bred greyhound
purses; and
(3) the amount equal to two percent of the net terminal
income to the Texas Greyhound Association as the state greyhound
breed registry.
(i) The Texas Racing Commission may adopt rules to
administer this section and shall require the electronic transfer
of funds to the accounts described in this section.
Sec. 466.5955. RACING FACILITIES AGREEMENT; LIMITATION ON
USES OF RACING FACILITIES CAPITAL IMPROVEMENT ACCOUNT. (a) For
purposes of Sections 466.593 and 466.595, a racing facilities
agreement for a horse racetrack is valid only on approval of the
applicable racetrack and a majority of the quarter horse state
horse breed registry, the Thoroughbred state horse breed registry,
and the horsemen's organization.
(b) For purposes of Sections 466.593 and 466.595, a racing
facilities agreement for a greyhound racetrack is valid only on
approval of the racetrack and the Texas Greyhound Association.
(c) A racing facilities agreement filed under Section
466.593 or 466.595 remains in effect until it expires on its own
terms or until it is superseded by a subsequent racing facilities
agreement for the same racetrack.
(d) Unless a racing facilities agreement provides
otherwise, the money in the racing facilities capital improvement
account may be spent only for the maintenance and improvement of
pari-mutuel racing facilities.
Sec. 466.596. USES OF PERFORMANCE HORSE DEVELOPMENT FUND.
(a) In this section, "performance and recreational horses" means
horses bred or trained for public competition and exhibition or
recreational use in all legally permitted equine activities other
than horse racing at racetracks.
(b) Money in the performance horse development fund may be
spent only for:
(1) the development of the horse agricultural industry
in this state through efforts intended to attract, retain, promote,
and encourage the breeding, raising, training, and exhibition of
performance and recreational horses in this state; and
(2) events and programs conducted in this state.
(c) Money from the performance horse development fund is
allocated as follows:
(1) 40 percent to the American Quarter Horse
Association for its sanctioned events and programs;
(2) 20 percent to the National Cutting Horse
Association for its sanctioned events and programs;
(3) 20 percent to the American Paint Horse Association
for its sanctioned events and programs; and
(4) 20 percent to the Department of Agriculture to
promote the equine agricultural industry in this state.
(d) Subject to Subsection (e), money transferred to an
association or agency from the performance horse development fund
may be used for:
(1) purse supplements or additional money for
performance and recreational horse events conducted in this state;
(2) the establishment of an accredited Texas Bred
Program for breeding of performance and recreational horses;
(3) the marketing and promotion of performance and
recreational horse activities and events in this state; and
(4) scholarship programs.
(e) Money may be transferred under Subsection (c)(4) only to
organizations of the equine industry in this state that are not
receiving money for events and programs under Subsection (c)(1),
(2), or (3).
(f) Except as otherwise provided by law, all money paid to
the Department of Agriculture is subject to Subchapter F, Chapter
404.
Sec. 466.597. LIABILITY OF VIDEO LOTTERY RETAILER AND VIDEO
LOTTERY MANAGER. (a) A video lottery retailer, video lottery
manager, or both, are jointly and severally liable to the
commission for the state's share of net terminal income.
(b) Net terminal income received by the video lottery
retailer or video lottery manager is held in trust for the benefit
of this state before delivery of the state's share to the commission
or electronic transfer to the state treasury, and the video lottery
retailer or video lottery manager, or both, are jointly and
severally liable to the commission for the full amount of the money
held in trust.
(c) If the video lottery retailer or video lottery manager
is not an individual, each officer, director, or owner of the video
lottery retailer or video lottery manager is personally liable to
the commission for the full amount of the money held in trust,
except that shareholders of a publicly held corporation shall be
liable in an amount not to exceed the value of their equity
investment.
(d) The money derived from video lottery proceeds that is
required under this chapter to be transferred to the Texas equine
development fund or the performance horse development fund is held
in trust by the video lottery retailer or video lottery manager, as
applicable, for the benefit of the persons designated in this
chapter to receive money from the funds. On Wednesday of each week,
the retailer or manager shall transfer the money accrued in the
funds during the week ending on the preceding Saturday to the
depository accounts maintained by the persons entitled to money
from the funds under this chapter. If the retailer or manager fails
to transfer the money as required under this subsection, a person
entitled to money from the funds under this chapter may file a civil
action against the retailer or manager for relief, including
damages and specific performance.
Sec. 466.598. PRIZE PAYMENT AND REDEMPTION. (a) Payment of
prizes is the sole and exclusive responsibility of the video
lottery retailer or video lottery manager. A prize may not be paid
by the commission or this state except as otherwise authorized.
(b) Nothing in this subchapter limits the ability of a video
lottery retailer or video lottery manager to provide promotional
prizes in addition to prize payouts regulated by the commission.
(c) A video lottery ticket must be redeemed not later than
the 180th day following the date of issuance. If a claim is not made
for prize money on or before the 180th day after the date on which
the video lottery ticket was issued, the prize money becomes the
property of the video lottery terminal establishment.
(d) The commission shall enact rules consistent with this
section governing the use and redemption of prizes and credits
recorded on electronic player account records, such as players'
club cards and smart cards.
Sec. 466.599. REVOCATION OF LICENSE, REGISTRATION,
SUITABILITY FINDING, OR OTHER REGULATORY APPROVAL. (a) The
commission shall revoke or suspend a license, certificate of
registration, finding of suitability, or other affirmative
regulatory approval issued under this subchapter if the holder at
any time fails to meet the eligibility requirements set forth in
this subchapter.
(b) Failure to timely remit revenue generated by video
lottery terminals to the commission or any tax or other fee owed to
this state as demonstrated by report from the applicable taxing
authority or to timely file any report or information required
under this subchapter as a condition of any license, certificate of
registration, finding of suitability, or other affirmative
regulatory approval issued under this subchapter may be grounds for
suspension or revocation, or both, of a license, registration,
suitability, or approval issued under this subchapter.
Sec. 466.600. HEARING FOR REVOCATION OR SUSPENSION. (a)
Before the commission revokes or suspends a video lottery terminal
provider's registration or approval or video lottery retailer's or
video lottery manager's license, or imposes monetary penalties for
a violation of this subchapter, the commission shall provide
written notification to the license, certificate, or approval
holder of the revocation, the period of suspension, or the monetary
penalty. The notice shall include:
(1) the effective date of the revocation or the period
of suspension or the amount of the monetary penalty, as applicable;
(2) each reason for the revocation, suspension, or
penalty;
(3) an explanation of the evidence supporting the
reasons;
(4) an opportunity to present the holder's position in
response on or before the 15th day after the effective date of the
revocation; and
(5) a statement explaining the holder's right to an
administrative hearing to determine whether the revocation,
suspension, or penalty is warranted.
(b) The commission shall adopt rules to implement this
section.
Sec. 466.601. ABSOLUTE PRIVILEGE OF REQUIRED
COMMUNICATIONS AND DOCUMENTS. (a) Any communication, document, or
record of a video lottery central system provider, video lottery
terminal provider, video lottery retailer, or video lottery
manager, an applicant, or a holder of a license, certificate of
registration, finding of suitability, or other affirmative
regulatory approval that is made or transmitted to the commission
or any of its employees to comply with any law, including a rule of
the commission, to comply with a subpoena issued by the commission,
or to assist the commission or its designee in the performance of
their respective duties is absolutely privileged, does not impose
liability for defamation, and is not a ground for recovery in any
civil action.
(b) If a communication, document, or record provided under
Subsection (a) contains any information that is privileged under
state law, that privilege is not waived or lost because the
communication, document, or record is disclosed to the commission
or any of the commission's employees.
(c) The commission shall maintain all privileged
information, communications, documents, and records in a secure
place as determined in the commission's sole discretion that is
accessible only to members of the commission and authorized
commission employees.
Sec. 466.602. INTELLECTUAL PROPERTY RIGHTS OF COMMISSION.
The legislature finds and declares that the commission has the
right to establish ownership of intellectual property rights for
all lottery products, including video lottery terminals and related
video lottery equipment.
SECTION 30. Section 467.001, Government Code, is amended by
amending Subdivision (9) and adding Subdivision (12) to read as
follows:
(9) "Person that has a significant financial interest
in the lottery" means:
(A) a person or a board member, officer, trustee,
or general partner of a person that manufactures, distributes,
sells, or produces lottery equipment, video lottery equipment,
video lottery games, video lottery central systems, supplies,
services, or advertising;
(B) an employee of a video lottery terminal
provider, video lottery central system provider, or person that
manufactures, distributes, sells, or produces lottery equipment,
supplies, services, or advertising or video lottery equipment or
games and that employee is directly involved in the manufacturing,
distribution, selling, or production of lottery equipment,
supplies, services, or advertising or video lottery equipment or
games;
(C) a person or a board member, officer, trustee,
or general partner of a person that has made a bid to operate the
lottery in the preceding two years or that intends to make a bid to
operate the lottery or an employee of the person if the employee is
directly involved in making the bid; or
(D) a sales agent, video lottery retailer, video
lottery manager, video lottery terminal provider, or video lottery
central system provider.
(12) "Video lottery central system," "video lottery
equipment," "video lottery game," "video lottery manager," "video
lottery retailer," and "video lottery terminal provider" have the
meanings assigned by Section 466.002.
SECTION 31. Section 467.021(a), Government Code, is amended
to read as follows:
(a) The commission is composed of:
(1) three voting members appointed by the governor
with the advice and consent of the senate; and
(2) the comptroller, who serves as an ex officio,
nonvoting member.
SECTION 32. Section 467.031, Government Code, is amended to
read as follows:
Sec. 467.031. DIVISIONS; DIRECTOR; CONTRACT. The
commission shall establish separate divisions to oversee bingo and
the state lottery. The commission shall employ a director to
oversee video lottery and shall enter into an intra-agency
agreement with the Texas Racing Commission for the Texas Racing
Commission to be responsible for performing the inspections and
regulatory functions specified in the agreement at racetracks on
behalf of the Texas Lottery Commission.
SECTION 33. Section 467.035(a), Government Code, is amended
to read as follows:
(a) The commission may not employ or continue to employ a
person who owns a financial interest in:
(1) a bingo commercial lessor, bingo distributor, or
bingo manufacturer; or
(2) a lottery sales agency, [or] a lottery operator, a
video lottery retailer, a video lottery manager, a video lottery
terminal provider, a video lottery central system provider, or a
manufacturer of video lottery games.
SECTION 34. Section 467.108, Government Code, is amended to
read as follows:
Sec. 467.108. REPRESENTATION BY FORMER OFFICER OR EMPLOYEE.
(a) A former commission member, former executive director, or
former director may not:
(1) [for compensation,] represent a person, either
with or without compensation, [that has made or intends to make a
bid to operate the lottery] before the commission before the fifth
[second] anniversary of the date that the person's service in
office or employment with the commission ceases;
(2) represent any person or receive compensation for
services rendered on behalf of any person regarding a particular
matter in which the former officer or employee participated during
the period of service or employment with the commission, either
through personal involvement or because the matter was within the
scope of the officer's or employee's official responsibility; or
(3) [for compensation] communicate on behalf of any
person, whether compensated or not compensated, directly with a
member of the legislative branch to influence legislation on behalf
of a person that has any [a significant financial] interest in the
lottery, before the fifth [second] anniversary of the date that the
person's service in office or employment with the commission
ceases.
(b) A person commits an offense if the person violates this
section. An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 35. Section 411.108, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The Texas Lottery Commission may obtain from the
department, subject to an interagency agreement entered into under
Section 466.020(d) or 466.206, criminal history record information
maintained by the department that relates to any natural person,
corporation, association, trust, partnership, limited partnership,
joint venture, government, subsidiary, or other entity, regardless
of its form, structure, or nature that the commission has the
authority to investigate under Chapter 466 as related to the
commission's operation and oversight of video lottery. Criminal
history record information obtained by the commission under this
subsection may be released or disclosed only as provided in
Sections 466.022(d) and 466.206.
SECTION 36. Section 47.06(e), Penal Code, is amended to
read as follows:
(e) An offense under this section is a felony of the third
degree [Class A misdemeanor].
SECTION 37. Section 47.09, Penal Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) It is a defense to prosecution under this chapter that
the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; or
(C) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes);
(2) consisted entirely of participation in gambling or
other gaming activity that:
(A) is or may be permitted under the Indian
Gaming Regulatory Act (Pub. L. No. 100-497), without regard to
whether the gambling or gaming activity is conducted by an Indian
tribe to which that Act applies; and
(B) is conducted:
(i) by an Indian tribe or tribal
organization that was included on the January 30, 1998, list of
recognized Indian tribes by the United States secretary of the
interior as required under 25 U.S.C. Section 479a-1; and
(ii) on premises designated by the tribe or
tribal organization for that gambling or other gaming activity on
land that was held in trust or recognized as tribal land of that
tribe or tribal organization by the federal government on January
1, 1998;
(3) was a necessary incident to activity described by
Subdivision (2);
(4) consisted entirely of participation in the state
lottery, including the video lottery system, authorized by Chapter
466, Government Code; or
(5) [(3)] was a necessary incident to the operation of
the state lottery, including the video lottery system, and was
directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Lottery
Commission;
(C) the Texas Lottery Commission; or
(D) the director of the lottery division of the
Texas Lottery Commission.
(c) Subsection (a)(3) applies to a person manufacturing,
distributing, possessing, or operating a gambling device with the
authorization of the Texas Lottery Commission under Subchapter K,
Chapter 466, Government Code.
SECTION 38. Chapter 47, Penal Code, is amended by adding
Section 47.095 to read as follows:
Sec. 47.095. INTERSTATE OR FOREIGN COMMERCE DEFENSE. It is
a defense to prosecution under this chapter that a person sells,
leases, transports, possesses, stores, or manufactures a gambling
device with the authorization of the Texas Lottery Commission under
Subchapter K, Chapter 466, Government Code, or on behalf of an
Indian tribe in connection with activity described by Section
47.09(a)(2) for transportation in interstate or foreign commerce.
SECTION 39. (a) As soon as practicable after the
constitutional amendment authorizing a state video lottery system
to operate video lottery games at certain horse and greyhound
racetracks and providing that federally recognized Indian tribes
are not prohibited from conducting games of chance on certain
Indian lands proposed by the 82nd Legislature, Regular Session,
2011, is approved by the voters and becomes effective, the Texas
Lottery Commission and the Texas Racing Commission shall adopt the
rules necessary to implement video lottery in accordance with
Subchapter K, Chapter 466, Government Code, as added by this Act.
(b) Before the proposed constitutional amendment is
submitted to the voters, the Texas Lottery Commission may expend
money from the commission's appropriation for the 2012-2013 state
fiscal biennium for purposes of conducting pre-implementation
activities to establish the state video lottery system in
accordance with Subchapter K, Chapter 466, Government Code, as
added by this Act. Notwithstanding Section 466.355, Government
Code, the money authorized to be expended under this section may be
withdrawn from the state lottery account and considered a part of
the transfer of funds from the state lottery account authorized
under Section 466.589, Government Code, as added by this Act, to
fund the establishment of the state video lottery system.
(c) If the proposed constitutional amendment is approved by
the voters, the Texas Lottery Commission and the Texas Racing
Commission shall adopt initial rules for purposes of implementing
video lottery in accordance with Chapter 466, Government Code, as
amended by this Act, not later than December 1, 2011. Chapter 2001,
Government Code, does not apply to the adoption of those rules.
Rules adopted under this section shall expire not later than
September 1, 2014.
(d) Notwithstanding Chapter 466, Government Code, as
amended by this Act, the Texas Lottery Commission may not issue a
video lottery retailer or video lottery manager license to an
applicant under that chapter unless the applicant, on or before
September 1, 2011, pays to the commission an initial application
fee in the following amount:
(1) for an applicant who holds a class 1 racetrack
license, $25 million; or
(2) for an applicant who holds a class 2 or class 3
horse racetrack license or a greyhound racetrack license, $15
million.
(e) If the proposed constitutional amendment is not
approved by the voters, the Texas Lottery Commission shall
reimburse the full amount of the initial application fee paid by an
applicant under Subsection (d) of this section not later than
December 1, 2011.
SECTION 40. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 41. Sections 1 through 38 and 40 of this Act take
effect on the date the constitutional amendment authorizing a state
video lottery system to operate video lottery games at certain
horse and greyhound racetracks and providing that federally
recognized Indian tribes are not prohibited from conducting games
of chance on certain Indian lands proposed by the 82nd Legislature,
Regular Session, 2011, becomes effective. Section 39 of this Act
and this section take effect immediately if this Act 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, Section 39 of
this Act and this section take effect September 1, 2011.