reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter A. General Provisions › Section 466.002. Definitions

Sec. 466.002.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Lottery Commission.
(2)  "Director" means the director of the division.
(3)  "Division" means the lottery division established by the commission under Chapter 467.
(4)  "Executive director" means the executive director of the commission.
(5)  "Lottery" means the 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.
(6)  "Lottery game" includes a lottery activity.
(7)  "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery.
(8)  "Player" means a person who contributes any part of the consideration for a ticket.
(9)  "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets.
(10)  "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter A. General Provisions › Section 466.004. Exemption From Taxation

Sec. 466.004.  EXEMPTION FROM TAXATION.  (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.
(b)  The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.012. Division Employees

Sec. 466.012.  DIVISION EMPLOYEES.  Division employees are specifically exempted from Chapter 654.  The director shall set the salaries of these employees.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.02, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.014. Powers and Duties of Commission and Executive Director

Sec. 466.014.  POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR.  (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 person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155.
(c)  The executive director may award a contract for lottery supplies or services, including a contract under Subsection (b), pending the completion of any investigation authorized 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.
(d)  A contract between the division and a lottery operator under Subsection (b) must contain a provision allowing the contract to be terminated without penalty if the division is abolished.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.03, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.016. Annual Report

Sec. 466.016.  ANNUAL REPORT.  The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report.  The report must be in the form and reported in the time provided by the General Appropriations Act.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.04, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.0161. Review by Comptroller

Sec. 466.0161.  REVIEW BY COMPTROLLER.  (a)  Annually, the comptroller shall review the management and operations of the lottery.  The comptroller may examine books, records, documents, things, or persons as necessary for that purpose.
(b)  The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 6.05, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.017. Audits

Sec. 466.017.  AUDITS.  (a)  The executive director shall provide for a certified public accountant to conduct an independent audit 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.  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)  Each lottery 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.  The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor.  If a sales agent refuses to permit an examination or to answer any question authorized by this subsection, the executive director may summarily suspend the license of the sales agent under Section 466.160 until the examination is completed as required.  Section 321.013(h) does not apply to an audit of a lottery operator or sales agent.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.06, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1035, Sec. 66, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.018. Investigations

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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.07, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.019. Enforcement

Sec. 466.019.  ENFORCEMENT.  (a)  The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter.  After conducting investigations, the executive director, a person designated by the commission, or any law enforcement agency may file a complaint with the district attorney of Travis County or with the district attorney of the county in which a violation is alleged to have occurred.
(b)  The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery.  For purposes of the application of Title 2 of the Tax Code:
(1)  the state's share of proceeds from the sale of lottery tickets is treated as if it were a tax;  and
(2)  a power granted to the comptroller may be exercised by the commission.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.07, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.021. Demographic Studies

Sec. 466.021.  DEMOGRAPHIC STUDIES.  (a)  The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players.  The study must include the income, age, sex, race, education, and frequency of participation of players.
(b)  The executive director shall report the results of the demographic study conducted under Subsection (a) to the commission, the governor, and the legislature before the convening of each regular legislative session.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.09, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.022. Confidential Information

Sec. 466.022.  CONFIDENTIAL INFORMATION.  (a)  Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552.
(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;
(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)  except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is:
(A)  a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or
(B)  an owner of a beneficial interest in a legal entity that is a lottery prize winner and who has chosen to remain anonymous under Section 466.411.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(94), 6.09, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 792, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 689 (H.B. 59), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.023. Department of Public Safety Records

Sec. 466.023.  DEPARTMENT OF PUBLIC SAFETY RECORDS.  (a)  Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure.  Each of those items is subject to discovery by a person that is the subject of the item.
(b)  An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document.
(c)  Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.10, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.024. Prohibited Games

Sec. 466.024.  PROHIBITED GAMES.  (a)  The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event.
(b)  The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine.
(c)  In this section:
(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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.11, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.026. Amber Alert

Sec. 466.026.  AMBER ALERT.  On receipt of notice by the Department of Public Safety that the Statewide Texas Amber Alert Network has been activated, the commission shall disseminate Amber Alert information at its retail locations through the lottery operator system.
Added by Acts 2003, 78th Leg., ch. 544, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.027. Veterans' Assistance Game

Sec. 466.027.  VETERANS' ASSISTANCE GAME.  (a)  The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017.
(b)  The commission shall:
(1)  determine the ticket price, payout amounts, and manner in which the game is conducted;
(2)  make tickets to the game available for sale continuously to the extent practicable; and
(3)  change the design or theme of the game regularly to ensure that the game remains competitive with other instant-ticket lottery games offered by the commission.
(c)  The commission shall market and advertise the lottery game operated under this section in a manner intended to inform the public that the game tickets are available for purchase and that the game proceeds are used to fund veterans programs in this state.  The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state.  The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game.
(d)  The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section.
(e)  No organization that would otherwise be eligible to receive funds from the state lottery account attributable to any lottery game authorized by this section may receive any such funds if it conducts illegal gambling or the illegal operation of gambling devices as defined by Chapter 47, Penal Code, or allows illegal gambling or the illegal operation of gambling devices to be conducted on its property or in its facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 1385 (S.B. 1655), Sec. 5(a), eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter B. Administration › Section 466.028. Comprehensive Business Plan

Sec. 466.028.  COMPREHENSIVE BUSINESS PLAN.  (a)  The commission shall develop a comprehensive business plan to guide the commission's major initiatives.  The plan must at a minimum include:
(1)  specific goals for the agency; and
(2)  an evaluation of:
(A)  the agency's overall performance;
(B)  the effectiveness of specific programs and initiatives;
(C)  the ongoing efficiency of agency operations;
(D)  the amount of lottery revenue that is generated for state purposes other than the payment of prizes; and
(E)  the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency.
(b)  The commission as frequently as the commission determines appropriate shall review the comprehensive business plan and at least annually hold a public meeting to discuss the plan or updates to the plan.
Added by Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.1005. Procurements

Sec. 466.1005.  PROCUREMENTS.  (a)  The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter.
(b)  The commission shall review and must approve all major procurements as provided by commission rule.  The commission by rule shall establish a procedure to determine what constitutes a major procurement based on the cumulative value of a contract and other relevant factors.  This subsection does not require a commission member to sign the contract.
(c)  The commission may delegate to the executive director the authority to approve procurements other than major procurements.
Added by Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.101. Procurement Procedures

Sec. 466.101.  PROCUREMENT PROCEDURES.  (a)  The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter.  The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible.
(b)  In all procurement decisions, the commission and executive director shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of producing revenues for the state treasury.
(c)  The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission.  The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game.  A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action.
(d)  A party who is aggrieved by the commission's resolution of a protest under Subsection (c) may file an action in the district court of Travis County.  The court shall give preference to hearings and trials of actions under this section.  If the party filing the action seeks to enjoin the implementation of a solicitation or contract, the party shall post a bond that is payable to the state if the party does not prevail in the appeal, and is in an amount sufficient to compensate the state for the revenue that would be lost due to the delay in lottery operations.
(e)  The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission.  The procedures must be for the purpose of ensuring fairness and integrity.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.12, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.102. Liquidated Damages; Performance Bond

Sec. 466.102.  LIQUIDATED DAMAGES;  PERFORMANCE BOND.  A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.12, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.103. Prohibited Contracts

Sec. 466.103.  PROHIBITED CONTRACTS.  (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 would be denied a license as a sales agent under Section 466.155.
(b)  Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.12, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 678, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.104. Assistance of Comptroller

Sec. 466.104.  ASSISTANCE OF COMPTROLLER.  (a)  On request of the executive director, the comptroller shall assist the executive director in:
(1)  acquiring facilities, supplies, materials, equipment, and services under Subtitle D, Title 10; or
(2)  establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery.
(b)  The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 17.19(5), eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.51, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.105. Applicability of Other Law

Sec. 466.105.  APPLICABILITY OF OTHER LAW.  (a)  A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to:
(1)  Chapter 2054 or 2254;  or
(2)  Subtitle D, Title 10.
(b)  Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery.  The commission may acquire transmission facilities by lease, purchase, or lease-purchase.  The acquisition of transmission facilities must be done on a competitive bid basis if possible.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(14), 6.13, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 17.19(5), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 18.21, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.106. Preference for Texas Businesses

Sec. 466.106.  PREFERENCE FOR TEXAS BUSINESSES.  (a)  In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal.
(b)  If equipment or supplies produced in this state or services or advertising offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.14, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.107. Minority Businesses

Sec. 466.107.  MINORITY BUSINESSES.  (a)  The executive director and each lottery operator shall take positive steps to:
(1)  inform minority businesses of opportunities to:
(A)  provide lottery equipment and supplies to the commission;
(B)  provide services, including advertising, to the commission for the operation of the lottery;  or
(C)  obtain a license to sell lottery tickets;
(2)  waive or modify bond requirements, if feasible;
(3)  award contracts for lottery equipment or supplies to minority businesses when possible;
(4)  award contracts for lottery services, including advertising, to minority businesses when possible;
(5)  license minority businesses as sales agents;
(6)  monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission;  and
(7)  require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses.
(b)  In this section:
(1)  "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that:
(A)  is managed and, in daily operations, is controlled by minority group members;  and
(B)  is a domestic business entity with a home or branch office located in this state and is not a branch or subsidiary of a foreign corporation, firm, or other business entity.
(2)  "Minority group members" includes:
(A)  African Americans;
(B)  American Indians;
(C)  Asian Americans;  and
(D)  Mexican Americans and other Americans of Hispanic origin.
(c)  The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents.  The report must include recommendations for the improvement of minority business opportunities in lottery-related business.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.15, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.108. Television Contracts

Sec. 466.108.  TELEVISION CONTRACTS.  If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid.  The commission shall adopt rules governing the competitive bidding process.  Money received under the contract shall be deposited in the state lottery account established under Section 466.355.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.16, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.109. Publicity of Individuals Prohibited

Sec. 466.109.  PUBLICITY OF INDIVIDUALS PROHIBITED.  (a)  A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing.  An advertisement or promotion for the lottery may not contain the likeness or name of a state officer, including a commission member or the executive director, or an officer or employee of the commission.
(b)  In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission .
(c)  Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.16, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter C. Procurement; Advertising › Section 466.110. Prohibited Advertisements

Sec. 466.110.  PROHIBITED ADVERTISEMENTS.  The legislature intends that advertisements or promotions sponsored by the commission or the division for the lottery not be of a nature that unduly influences any person to purchase a lottery ticket or number.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.17, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.151. License Required

Sec. 466.151.  LICENSE REQUIRED.  (a)  If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission.
(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.
(c)  The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued.  Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section.
(d)  The director may license as a sales agent each person the director believes will best serve the public convenience.  The director may not issue a license to a person to engage in business exclusively as a sales agent.  A license may not be transferred or assigned to any other person or location.
(e)  The director may issue a license to a person only if the director finds that the person's experience, character, and general fitness are such that the person's participation as a sales agent will not detract from the integrity, security, honesty, and fairness of the operation of the lottery.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.18, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.152. License Application; Fee

Sec. 466.152.  LICENSE APPLICATION;  FEE.  (a)  An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission.
(b)  The applicant must include an application fee with each application.  The director shall set the application fee in an amount that is at least sufficient to cover the costs incurred by the division and by the Department of Public Safety to process the application.  The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly.  If the director denies an application for a license based on a factor listed in Section 466.154, the director shall refund one-half of the application fee to the applicant.  If the director denies an application based on another factor, the director may not refund any part of the application fee.
(c)  Applications for licenses must be available for public inspection during regular office hours.
(d)  A separate license is required for each location at which tickets are to be sold.  A person who desires to operate more than one location to sell tickets must submit a separate application for each location.
(e)  Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.19, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.153. Change in Application Information

Sec. 466.153.  CHANGE IN APPLICATION INFORMATION.  (a)  Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license.  The applicant or sales agent shall notify the director of the change in the information not later than the 10th day after the date of the change.
(b)  A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.154. Rules

Sec. 466.154.  RULES.  The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider:
(1)  the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged;
(2)  the public accessibility of the applicant's place of business or activity;
(3)  the sufficiency of existing sales agents to serve the public convenience;
(4)  whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume;
(5)  the volume of expected sales;  and
(6)  any other factor that the director considers appropriate.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.20, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.156. Bond; Insurance

Sec. 466.156.  BOND;  INSURANCE.  (a)  Each sales agent shall post a cash bond, surety bond, letter of credit, certificate of deposit, or other security approved by the executive director, including the contribution of cash to a pooled bond fund established by the executive director to protect the state from possible losses.  The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent.  The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million.
(b)  The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.22, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 458, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.157. Display of License

Sec. 466.157.  DISPLAY OF LICENSE.  As prescribed by rule, each sales agent shall prominently display the license in each place of business or activity at which the sales agent sells tickets.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.22, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.158. Expiration of License; Renewal

Sec. 466.158.  EXPIRATION OF LICENSE;  RENEWAL.  (a)  Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance.
(b)  The commission shall adopt rules for the renewal of licenses.  The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal.
(c)  A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.23, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.159. Death, Dissolution, or Bankruptcy of Sales Agent

Sec. 466.159.  DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT.  (a)  A license issued under this chapter expires on:
(1)  the death of a sales agent who is an individual;
(2)  the dissolution of a sales agent that is not an individual;  or
(3)  the bankruptcy or receivership of a sales agent.
(b)  If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired.  The application must state the basis for the applicant's claim to be the successor in interest to the sales agent and must contain a certification that the applicant would be eligible for a license under Section 466.155.  The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter D. Licensing of Sales Agents › Section 466.161. Immunity; Civil Actions

Sec. 466.161.  IMMUNITY; CIVIL ACTIONS.  (a)  A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter.
(b)  This section does not waive any immunity of the commission or this state.
(c)  This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent.
(d)  The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death.
Added by Acts 2005, 79th Leg., Ch. 713 (S.B. 442), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter E. Criminal History Investigations › Section 466.202. Fingerprints

Sec. 466.202.  FINGERPRINTS.  (a)  The executive director may discharge from employment an employee of the commission who fails to provide a complete legible set of fingerprints on request.  The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request.
(b)  The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or sales agent fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.26, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter E. Criminal History Investigations › Section 466.203. Department of Public Safety Assistance; Costs of Investigation

Sec. 466.203.  DEPARTMENT OF PUBLIC SAFETY ASSISTANCE;  COSTS OF INVESTIGATION.  (a)  The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b).  The executive director shall reimburse the department for the actual cost of an investigation.
(b)  The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information.  Payments made to the executive director under this subsection shall be deposited in the general revenue fund and may be used to reimburse the Department of Public Safety for the actual costs of an investigation.
(c)  Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section.  The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.27, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter E. Criminal History Investigations › Section 466.204. Access to Internal Revenue Service Information

Sec. 466.204.  ACCESS TO INTERNAL REVENUE SERVICE INFORMATION.  The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on:
(1)  a sales agent or an applicant for a sales agent license;
(2)  an employee or prospective employee of the commission;
(3)  a person required to be named in a license application;
(4)  a lottery operator or prospective lottery operator;
(5)  an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations;
(6)  a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery;
(7)  a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission;
(8)  an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license;  or
(9)  a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.27, eff. Sept. 1, 1995.