Bill Text: TX SB888 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the sale of lottery tickets by certain wine and beer retailers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-24 - Committee report printed and distributed [SB888 Detail]
Download: Texas-2017-SB888-Comm_Sub.html
| By: Seliger | S.B. No. 888 | |
| (In the Senate - Filed February 14, 2017; February 28, 2017, | ||
| read first time and referred to Committee on Business & Commerce; | ||
| April 24, 2017, reported adversely, with favorable Committee | ||
| Substitute by the following vote: Yeas 8, Nays 0; April 24, 2017, | ||
| sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR S.B. No. 888 | By: Creighton | |
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| relating to the sale of lottery tickets by certain wine and beer | ||
| retailers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 466.155(a), Government Code, is amended | ||
| to read as follows: | ||
| (a) After a hearing, the director shall deny an application | ||
| for a license or the commission shall suspend or revoke a license if | ||
| the director or commission, as applicable, finds that the applicant | ||
| or sales agent: | ||
| (1) is an individual who: | ||
| (A) has been convicted of a felony, criminal | ||
| fraud, gambling or a gambling-related offense, or a misdemeanor | ||
| involving moral turpitude, if less than 10 years has elapsed since | ||
| the termination of the sentence, parole, mandatory supervision, or | ||
| probation served for the offense; | ||
| (B) is or has been a professional gambler; | ||
| (C) is married to an individual: | ||
| (i) described in Paragraph (A) or (B); or | ||
| (ii) who is currently delinquent in the | ||
| payment of any state tax; | ||
| (D) is an officer or employee of the commission | ||
| or a lottery operator; or | ||
| (E) is a spouse, child, brother, sister, or | ||
| parent residing as a member of the same household in the principal | ||
| place of residence of a person described by Paragraph (D); | ||
| (2) is not an individual, and an individual described | ||
| in Subdivision (1): | ||
| (A) is an officer or director of the applicant or | ||
| sales agent; | ||
| (B) holds more than 10 percent of the stock in the | ||
| applicant or sales agent; | ||
| (C) holds an equitable interest greater than 10 | ||
| percent in the applicant or sales agent; | ||
| (D) is a creditor of the applicant or sales agent | ||
| who holds more than 10 percent of the applicant's or sales agent's | ||
| outstanding debt; | ||
| (E) is the owner or lessee of a business that the | ||
| applicant or sales agent conducts or through which the applicant | ||
| will conduct a ticket sales agency; | ||
| (F) shares or will share in the profits, other | ||
| than stock dividends, of the applicant or sales agent; or | ||
| (G) participates in managing the affairs of the | ||
| applicant or sales agent; | ||
| (3) has been finally determined to be: | ||
| (A) delinquent in the payment of a tax or other | ||
| money collected by the comptroller, the Texas Workforce Commission, | ||
| or the Texas Alcoholic Beverage Commission; | ||
| (B) in default on a loan made under Chapter 52, | ||
| Education Code; or | ||
| (C) in default on a loan guaranteed under Chapter | ||
| 57, Education Code; | ||
| (4) is a person whose location for the sales agency is: | ||
| (A) a location licensed for games of bingo under | ||
| Chapter 2001, Occupations Code; | ||
| (B) on land that is owned by: | ||
| (i) this state; or | ||
| (ii) a political subdivision of this state | ||
| and on which is located a public primary or secondary school, an | ||
| institution of higher education, or an agency of the state; or | ||
| (C) a location for which a person holds a wine and | ||
| beer retailer's permit, mixed beverage permit, mixed beverage late | ||
| hours permit, private club registration permit, or private club | ||
| late hours permit issued under Chapter 25, 28, 29, 32, or 33, | ||
| Alcoholic Beverage Code, other than a location for which a person | ||
| holds a wine and beer retailer's permit issued under Chapter 25, | ||
| Alcoholic Beverage Code, that derives less than 30 percent of the | ||
| location's gross receipts from the sale or service of alcoholic | ||
| beverages; or | ||
| (5) has violated this chapter or a rule adopted under | ||
| this chapter. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
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