Relating to the Eligibility Requirements for an Applicant Or a Holder of a Lottery Sales

By Dunnam

H.B. No. 965

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility requirements for an applicant or a holder of a lottery sales agent license.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 466.155, Government Code, is amended by amending Subsection (a) and by adding Subsection (g) 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 [is currently delinquent in the payment of any state tax];

(4) is a person whose location for the sales agency is:

(A) a location licensed for games of bingo under Chapter 2001, Occupations Code [the Bingo Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];

(B) on land that is owned by:

(i) this state; or

(ii) a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or an agency of the state; or

(C) a location for which a person holds a wine and beer retailer's permit, mixed beverage permit, mixed beverage late hours permit, private club registration permit, or private club late hours permit issued under Chapter 25, 28, 29, 32, or 33, Alcoholic Beverage Code; or

(5) has violated this chapter or a rule adopted under this chapter.

(g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, Texas Alcoholic Beverage Commission, Texas Higher Education Coordinating Board, and Texas Guaranteed Student Loan Corporation shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. The commission shall adopt rules regarding the form and frequency of reports under this subsection.

SECTION 2. Section 232.002, Family Code, is amended to read as follows:

Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The following are licensing authorities subject to this chapter:

(1) Department of Agriculture;

(2) Texas Commission on Alcohol and Drug Abuse;

(3) Texas Alcoholic Beverage Commission;

(4) Texas Appraiser Licensing and Certification Board;

(5) Texas Board of Architectural Examiners;

(6) State Board of Barber Examiners;

(7) Texas Board of Chiropractic Examiners;

(8) Comptroller of Public Accounts;

(9) Texas Cosmetology Commission;

(10) Court Reporters Certification Board;

(11) State Board of Dental Examiners;

(12) Texas State Board of Examiners of Dietitians;

(13) Texas Funeral Service Commission;

(14) Texas Department of Health;

(15) Texas Department of Human Services;

(16) Texas Board of Professional Land Surveying;

(17) Texas Department of Licensing and Regulation;

(18) Texas State Board of Examiners of Marriage and Family Therapists;

(19) Texas State Board of Medical Examiners;

(20) Midwifery Board;

(21) Texas Natural Resource Conservation Commission;

(22) Board of Nurse Examiners;

(23) Texas Board of Occupational Therapy Examiners;

(24) Texas Optometry Board;

(25) Parks and Wildlife Department;

(26) Texas State Board of Examiners of Perfusionists;

(27) Texas State Board of Pharmacy;

(28) Texas Board of Physical Therapy Examiners;

(29) Texas State Board of Plumbing Examiners;

(30) Texas State Board of Podiatric Medical Examiners;

(31) Polygraph Examiners Board;

(32) Texas Commission on Private Security;

(33) Texas State Board of Examiners of Professional Counselors;

(34) Texas Board of Professional Engineers;

(35) Department of Protective and Regulatory Services;

(36) Texas State Board of Examiners of Psychologists;

(37) Texas State Board of Public Accountancy;

(38) Department of Public Safety of the State of Texas;

(39) Public Utility Commission of Texas;

(40) Railroad Commission of Texas;

(41) Texas Real Estate Commission;

(42) State Bar of Texas;

(43) Texas State Board of Social Worker Examiners;

(44) State Board of Examiners for Speech Language Pathology and Audiology;

(45) Texas Structural Pest Control Board;

(46) Board of Tax Professional Examiners;

(47) Secretary of State;

(48) Supreme Court of Texas;

(49) Texas Transportation Commission;

(50) State Board of Veterinary Medical Examiners;

(51) Board of Vocational Nurse Examiners;

(52) Texas Ethics Commission;

(53) Advisory Board of Athletic Trainers;

(54) State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;

(55) Texas Board of Licensure for Professional Medical Physicists;

(56) Texas Department of Insurance;

(57) Texas Board of Orthotics and Prosthetics;

(58) savings and loan commissioner; [and]

(59) Texas Juvenile Probation Commission; and

(60) Texas Lottery Commission under Chapter 466, Government Code.

SECTION 3. Chapter 232, Family Code, is amended by adding Section 232.0021 to read as follows:

Sec. 232.0021. APPLICATION OF CHAPTER TO TEXAS LOTTERY COMMISSION. With respect to the Texas Lottery Commission, this chapter applies only to a lottery ticket sales agent license issued under Chapter 466, Government Code.

SECTION 4. Sections 466.358(c), (d), and (e), Government Code, are repealed.

SECTION 5. (a) In accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Section 232.002, Family Code, as set out in this Act, gives effect to changes made by Section 5, Chapter 974, Section 4, Chapter 1254, and Section 23, Chapter 1477, Acts of the 76th Legislature, Regular Session, 1999.

(b) To the extent of any conflict, this Act prevails over another Act of the 77th Legislature, Regular Session, 2001, relating to nonsubstantive additions and corrections in enacted codes.

SECTION 6. This Act takes effect September 1, 2001.