reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter A - PROCUREMENT › Section 401.102 - Protests of the Terms of a Formal Competitive Solicitation

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person
				  aggrieved by the terms of any formal solicitation may protest the agency's
				  action to the director of administration. If the director of administration
				  cannot resolve the protest, the aggrieved party may appeal the director of
				  administration's decision to the executive director. If the executive director
				  cannot resolve the protest, the aggrieved party may appeal the executive
				  director's decision to the Texas Lottery Commission. At any time, the executive
				  director may refer a protest directly to the Texas Lottery Commission for
				  determination. The procedures applicable to an appeal to the commission will
				  then apply.
(b) A protest of the
				  terms of any formal solicitation must be filed electronically with the
				  commission's general counsel, by email to legal.input@lottery.state.tx.us,
				  within 72 hours after issuance of the formal competitive solicitation. The
				  protestant must include its email address with the protest. A protest is
				  considered timely filed if it is electronically filed before the filing
				  deadline. An electronically filed protest is deemed filed when transmitted to
				  the protestant's electronic filing service provider. Unless otherwise requested
				  by the commission, the protestant is not required to file a paper copy of its
				  protest. For good cause shown by the protestant, the commission may allow an
				  alternate form of filing. The electronically filed protest must be in a
				  text-searchable PDF format. The protestant is solely responsible for ensuring
				  its protest is complete and filed timely with the office of the general
				  counsel. A protest not filed timely will not be considered, and the protestant
				  will be so notified in writing by the commission's general counsel by
				  electronic notice sent to the protestant's designated email address. A
				  protestant may supplement its timely filed protest. The deadline to supplement
				  is 5 p.m. central time, 10 calendar days after the formal solicitation is
				  issued.
(c) To be considered, a
				  protest must contain:
(1) a specific
				  identification of the statutory provision, rule provision, or procurement
				  procedure allegedly violated;
(2) a
				  brief statement of the relevant facts;
(3) an identification of the issue or issues
				  to be resolved;
(4) arguments and
				  authorities in support of the protest; and
(5) an affidavit that the contents of the
				  protest are true and correct.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter A - PROCUREMENT › Section 401.104 - Contract Monitoring Roles and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The contract monitoring roles and responsibilities of
					 agency internal audit staff (or contractor) and other inspection,
					 investigative, or compliance staff are as follows:
(1) A division within the agency or, pursuant
				  to a delegation of authority from the State Auditor's Office, an authorized
				  agency representative (including a contracted audit firm selected following a
				  formal competitive solicitation) will perform internal audit activities that
				  may include providing audit services and/or rendering routine professional
				  advice and answering technical questions to the commission and staff to assist
				  them in contract monitoring and compliance.
(2) A division within the agency will seek to
				  improve contract compliance by serving as a central repository for agency
				  contracts so the agency can perform contract compliance reviews.
(3) A division within the agency will
				  function as the agency's criminal enforcement unit. This unit will take action
				  regarding criminal activity related to agency contracts.
(4) A division or divisions within the agency
				  will monitor and report to other appropriate agency divisions or units
				  regarding contract compliance.
(5)
				  A division within the agency will assist the administering division or
				  divisions and the contract management section in monitoring agency contracts in
				  connection with applicable historically underutilized and minority business
				  contract requirements.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter A - PROCUREMENT › Section 401.105 - Major Procurement Approval Authority, Responsibilities and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this rule is to establish the approval authority, responsibilities
				  and reporting for all formal procurements.
(b) Applicability. This rule applies to all
				  formal procurements made by the agency.
(c) Definitions. As used in this section, the
				  following terms shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) Contract--A written
				  agreement between the agency and a vendor for goods or services.
(2) Formal Procurement--A formal competitive
				  solicitation, for the purchase or lease of goods and/or services expected to
				  exceed $25,000, conducted in order to receive at least three sealed competitive
				  bids or proposals pursuant to the issuance of an IFB, RFP, RFQ, or another
				  statewide contract process, respectively.
(3) Major Procurement--Any formal procurement
				  for goods or services that directly supports the agency's core gaming business
				  function and has a cumulative contract value equal to or greater than ten (10)
				  million dollars.
(4) Major
				  Contract--Any contract resulting from a Major Procurement.
(5) Prime Contract--Any contract, other than
				  those contracts designated as Major Contracts, which has a cumulative contract
				  value that exceeds one (1) million dollars.
(6) Value--The agency adopts by reference the
				  determination of contract value set forth in the Texas Procurement and Contract
				  Management Guide published by the Comptroller of Public Accounts. The
				  determination of contract value shall be the estimated dollar amount that the
				  agency may be obligated to pay pursuant to the contract and all executed and
				  proposed amendments, extensions and renewals of the contract. The agency shall
				  base its determination of the proposed length of and compensation during the
				  original term and the renewal periods of the contract on best business
				  practices, state fiscal standards and applicable law, procedures and
				  regulations.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter B - LICENSING OF SALES AGENTS › Section 401.153 - Qualification for License

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
				  issuing a license to any person under this subchapter, the director shall
				  consider:
(1) the financial responsibility
				  and security of the applicant and the business or activity in which the
				  applicant is engaged. Consideration of this factor may include the analysis of
				  the applicant's credit record, compliance with tax laws of other jurisdictions,
				  status of permits and licenses, results of criminal background check, adequacy
				  of security procedures against theft, whether the location is fixed and
				  permanent, whether the applicant can provide appropriate security, and any
				  other factor that may assist the director in such evaluation;
(2) the public accessibility of the
				  applicant's place of business or activity. Consideration of this factor may
				  include analysis of the applicant's hours of operation, proximity to major
				  transit routes, proximity to large employers, public parking availability, and
				  any other factor that may assist the director in such evaluation;
(3) the sufficiency of existing sales agents
				  to serve the public convenience. Consideration of this factor may include
				  analysis of number and proximity of other sales agents in a given market area,
				  and/or number of "minority businesses" (as that term is defined in the
				  Government Code, §
											RSA
				  466.107<subdiv>(b)</subdiv>)
				  licensed in a given market area, with the possibility that additional licenses
				  for any given market area may be denied if the area is determined to be
				  adequately served by existing licensees;
(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 lottery sales at
				  the applicant's place of business or activity; and
(6) any other factor that is helpful in
				  determining whether the applicant's experience, character, and general fitness
				  are such that the applicant's participation as a sales agent will not detract
				  from the integrity, security, honesty, or fairness of the operation of the
				  lottery. An example of the type of factor considered in this regard is the
				  analysis of the type of product sold or form of service provided by the
				  applicant.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter B - LICENSING OF SALES AGENTS › Section 401.155 - Expiration of License

Current through Reg. 49, No. 28; July 12, 2024
Upon expiration of the license, the licensee must
					 immediately surrender upon demand to an authorized representative of the
					 commission the license and all commission property, return to the commission
					 all unsold tickets in accordance with normal commission procedures, pay any
					 funds owed to the commission by an authorized method, and take such further
					 action as required by the director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter B - LICENSING OF SALES AGENTS › Section 401.156 - Renewal of License

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  issued under this subchapter may be considered for renewal by filing a renewal
				  application with the commission. In order to be considered, a sales agent must
				  file a renewal application and pay the renewal fee before the sales agent's
				  license expires.
(b) The renewal
				  application shall be on forms provided by the commission upon request. All
				  provisions in this subchapter governing the applicant's completion and
				  submission of a license application and conditions of the license granted shall
				  apply equally to the application for and renewal of a license. Factors
				  considered by the director and grounds for denying the renewal of a license may
				  include those listed in §
										RSA
				  401.153<subdiv>(a) or
				  (b)</subdiv> of this title (relating to
				  Qualifications for License) and those listed under §
										RSA
				  401.158<subdiv>(b)</subdiv> of
				  this title (relating to Suspension or Revocation of License).
(c) Every application for renewal of a
				  license submitted under this subchapter shall be accompanied by a renewal fee
				  in an amount to be established by the director. If the director denies an
				  application for renewal based on a factor listed in §
										RSA
				  401.153<subdiv>(a)</subdiv> of
				  this title, the director shall refund one half of the renewal application fee
				  to the applicant. If the director denies an application based on another
				  factor, the director may not refund any part of the renewal application
				  fee.
(d) Every application for
				  renewal of a license submitted under this subchapter shall be accompanied by
				  security in an amount and in such form as the director determines to be in the
				  best interests of the lottery. If the director determines that such security is
				  best provided through mandatory contributions by licensees to a pooled fund
				  established and maintained to reimburse the state for losses resulting from the
				  operation of sales agents, the amount of such security shall be determined
				  based on the director's estimate of expected required reimbursement to the
				  state from such losses incurred during the term of the renewal.
(e) A renewal license issued under this
				  section shall be valid for a term set by the commission, unless it expires
				  sooner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter B - LICENSING OF SALES AGENTS › Section 401.157 - Provisional License

Current through Reg. 49, No. 28; July 12, 2024
In addition to and without limiting the director's ability
					 to issue licenses, the director may issue provisional licenses to applicants to
					 become sales agents. Examples of the reason a provisional license may be issued
					 include but are not limited to a special event and the pendancy of a background
					 check conducted pursuant to Government Code, Chapter 466. A provisional license
					 shall expire on the date specified on the license. A provisional license is
					 subject to suspension or revocation in accordance with procedures established
					 by rules issued by the commission under this title upon the commission's
					 finding of any factor under §
										RSA
					 401.153<subdiv>(b)</subdiv> of
					 this title (relating to Qualifications for License), §
										RSA
					 401.158 of this title (relating to Suspension
					 or Revocation of License), or §
										RSA
					 401.159 of this title (relating to Summary
					 Suspension of License).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter B - LICENSING OF SALES AGENTS › Section 401.159 - Summary Suspension of License

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  addition to the authority to suspend a sales agent's license pursuant to §
										RSA
				  401.158 of this title (relating to Suspension
				  or Revocation of License), the director of the Lottery Operations division may
				  suspend a sales agent's license subject to the limited notice and hearing
				  procedures established under other rules to be adopted by the commission under
				  this title for that purpose, if the director finds that 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 the state, and:
(1) licensee fails to deposit money received
				  from ticket sales under the State Lottery Act;
(2) an event occurs that would render the
				  sales agent ineligible for a license under §
											RSA
				  401.153<subdiv>(b)</subdiv> of
				  this title (relating to Qualifications for License);
(3) licensee fails to notify the commission
				  of any change in the information contained in the sales agent's most recent
				  application for a license or renewal of a license within ten days of the date
				  of the change;
(4) the director of
				  the Lottery Operations division discovers the licensee has failed to disclose
				  information that would, if disclosed, render the licensee ineligible for a
				  license under §
											RSA
				  401.153<subdiv>(b)</subdiv> of
				  this title.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.201 - Intent and Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
The rules of practice and procedure supplement, as
					 appropriate, the Rules of Practice and Procedure of the State Office of
					 Administrative Hearings and are intended to provide fair methods for hearing
					 and resolving an applicant's or licensee's disagreement with certain official
					 actions of the Texas Lottery Commission, Executive Director, or Lottery
					 Director, as applicable. These rules govern all contested case proceedings
					 before the administrative law judges regarding the State Lottery Act and the
					 Bingo Enabling Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.202 - Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
These rules will be given their most reasonable meaning
					 taken in their total context, and will be construed to secure a just resolution
					 or decision for every controversy. They will not be construed to limit or
					 repeal rights afforded or requirements imposed by law. Unless otherwise
					 expressly provided, the past, present, or future tense each includes the other;
					 the masculine, feminine, or neuter gender each includes the other; and the
					 singular and plural number each includes the other. Definitions of some of the
					 words used in these rules are contained in §
										RSA
					 401.227 of this title (relating to
					 Definitions).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.203 - Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) A contested
				  case proceeding is initiated when a case is filed at the State Office of
				  Administrative Hearings. It includes a request for relief from actions
				  initiated by the agency to deny, revoke, or suspend licenses administered by
				  the agency, including preliminary summary suspension proceedings described in
				  subsection (b) of this section.
(b)
				  If the Lottery Operations Director summarily suspends a license:
(1) the Lottery Operations Director will
				  notify the licensee in writing by registered or certified mail, return receipt
				  requested, that the license has been summarily suspended and will state the
				  reasons for the action. That notification shall also state the date, time, and
				  place for a preliminary suspension hearing on the summary suspension, which
				  date shall not be later than ten days after the date of the preliminary summary
				  suspension, unless the parties agree to a later date;
(2) at the preliminary suspension hearing,
				  the licensee must show cause by a preponderance of the evidence why the license
				  should not remain suspended pending a final hearing on the suspension or
				  revocation of the license;
(3) the
				  preliminary suspension hearing will be held by the assigned administrative law
				  judge and shall be governed by Texas Government Code, Chapter 466, (in Lottery
				  cases); Texas Occupations Code, Chapter 2001, (in Bingo cases); Texas
				  Government Code, Chapter 2001; Title 1 of the Texas Administrative Code; and
				  these Rules; and
(4) an order
				  issued after a preliminary suspension hearing, continuing a summary suspension
				  pending a final contested case hearing, is not a final order.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.207 - Written Answer; Default Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may dispose of a contested
				  case by default if a State Office of Administrative Hearings (SOAH)
				  administrative law judge (ALJ) remands the case to the Commission for informal
				  disposition upon proof that adequate and sufficient notice of hearing was
				  mailed to, or personally served on, the respondent or applicant, and the
				  respondent or applicant failed to either:
(1)
				  file a written answer to a notice of hearing in accordance with subsection (d)
				  of this section; or
(2) appear in
				  person or through an authorized representative on the day and at the time set
				  for the hearing of the case, regardless of whether a written answer has been
				  filed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.211 - Law Governing Contested Cases

Current through Reg. 49, No. 28; July 12, 2024
Contested case hearings will be governed by the Texas
					 Government Code, Chapter 466, (in Lottery cases); Texas Occupations Code,
					 Chapter 2001, (in Bingo cases); Texas Government Code, Chapter 2001; Title 1 of
					 the Texas Administrative Code; and these Rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.216 - Subpoenas, Depositions, and Orders to Allow Entry

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Texas Government Code,
				  §
										RSA
				  2001.089, any party may request to subpoena
				  witnesses or require the production of documents related to the subject matter
				  of the hearing by filing the subpoena with the Office of the General Counsel
				  for action by the Commission's Executive Director, with the appropriate copy
				  served to the opposing party.
(b)
				  The Executive Director, on motion by any party, may:
(1) subpoena any person to appear and testify
				  and to produce certain documents or other tangible items at an oral
				  hearing;
(2) commission the taking
				  of an oral deposition in the witness' county of residence or county where the
				  witness does business and require production of certain documents or other
				  tangible items at the time of deposition; and
(3) order any party to allow entry upon
				  property under the party's control for the purpose of doing any act or making
				  any inspection not protected by privilege and reasonably calculated to lead to
				  the discovery of evidence material to the contested case.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.220 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
A motion for rehearing may be filed by any party with the
					 Commission by filing it with the Office of the General Counsel within 25 days
					 of the date which the decision or order that is the subject of the motion is
					 signed, unless the time for filing the motion for rehearing has been extended
					 under Texas Government Code §
										RSA
					 2001.142, by an agreement under Texas
					 Government Code §
										RSA
					 2001.147, or by a written Commission order
					 issued under Texas Government Code §
										RSA
					 2001.146<subdiv>(e)</subdiv>. The
					 motion must identify with particularity findings of fact or conclusions of law
					 that are the subject of the complaint and any evidentiary or legal ruling
					 claimed to be erroneous. The motion must also state the legal and factual basis
					 for the claimed error. Any reply to a motion for rehearing must be filed within
					 40 days after the date which the decision or order that is the subject of the
					 motion is signed, or not later than the 10th day after the date a motion for
					 rehearing is filed if the time for filing the motion for rehearing has been
					 extended by an agreement under Texas Government Code §
										RSA
					 2001.147, or by a written state agency order
					 issued under Texas Government Code §
										RSA
					 2001.146<subdiv>(e)</subdiv>. The
					 Commission shall act on a motion for rehearing within 55 days of the date the
					 decision or order that is the subject of the motion is signed, or the motion is
					 overruled by operation of law. The Commission may, on its own initiative or on
					 the motion of any party for cause shown, by written order extend the time for
					 filing a motion or reply or taking agency action under Texas Government Code
					 §
										RSA
					 2001.146, provided that the Commission
					 extends the time or takes the action not later than the 10th day after the date
					 the period for filing a motion or reply or taking agency action expires. The
					 Executive Director or the Charitable Bingo Operations Director, as appropriate,
					 may act on behalf of the Commission to extend the time for the Commission to
					 act on a motion for rehearing if such motion cannot be considered by the
					 Commission prior to the time it will expire by operation of law. An extension
					 may not extend the period for Commission action beyond the 100th day after the
					 date the decision or order that is the subject of the motion for rehearing is
					 signed. In the event of an extension, a motion for rehearing is overruled by
					 operation of law on the date fixed by the order or, in the absence of a fixed
					 date, the 100th day after the date of the decision or order that is the subject
					 of the motion is signed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter C - PRACTICE AND PROCEDURE › Section 401.227 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative law
				  judge--An individual appointed to conduct hearings on matters within the
				  agency's jurisdiction and to prepare proposed decisions to properly resolve
				  such matters.
(2) Agency--The
				  administrative entity created by House Bill 1587, 73rd Legislature,
				  1993.
(3) Applicant--A party
				  seeking a lottery, bingo manufacturer, bingo distributor, bingo commercial
				  lessor, or bingo conductor's license.
(4) Authorized representative--An individual
				  who represents a party in a contested case or in a preliminary hearing, and may
				  be any individual other than the party.
(5) Hearings attorney--An attorney assigned
				  to represent an agency division in a contested case or a preliminary
				  hearing.
(6) License--The whole or
				  any part of a license, permit, certificate, approval, registration, or similar
				  form of permission, the issuance, renewal, amendment, suspension, or revocation
				  of which is within the jurisdiction of the agency.
(7) Licensee--A person who has been issued a
				  license by the agency.
(8)
				  Licensing--The agency process respecting the granting, denial, renewal,
				  revocation, suspension, annulment, withdrawal, or amendment of a
				  license.
(9) Lottery division--The
				  division within the agency responsible for the operation of the
				  lottery.
(10) Party--Any person who
				  has filed a request for hearing, or a division of the agency's
				  office.
(11) Person--Any
				  individual, partnership, corporation, association, governmental subdivision, or
				  public or private organization of any character. It may also include an estate,
				  trust, receiver, assignee for benefit of creditors, trustee, trustee in
				  bankruptcy, assignee, or any other group or combination acting as a
				  unit.
(12) Pleading--Any document
				  filed by a party concerning the position or assertions in a contested case or
				  preliminary hearing.
(13) Request
				  for hearing--A request by an applicant or licensee for official action by the
				  agency regarding the denial, revocation, or suspension of its license under the
				  lottery or bingo laws of this state.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.302 - Scratch Ticket Game Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Sale of scratch tickets.
(1) Only retailers who have been licensed by the
				  commission are authorized to sell scratch tickets, and tickets may be sold only at a
				  licensed location.
(2) Each scratch
				  ticket shall sell for the retail sales price authorized by the executive director
				  and stated in the individual game procedures; provided that, the purchase price for
				  promotional groups of tickets shall be determined by the executive
				  director.
(3) Each scratch ticket shall
				  state the overall estimated odds of winning a prize of any kind, including a
				  break-even prize.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.303 - Grand Prize Drawing Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  section shall not apply to individual games that do not provide for a grand
				  prize drawing.
(b) Eligibility for
				  a grand prize drawing shall be determined by, but not limited to, a direct
				  entry to a grand prize drawing or an entry into a preliminary draw as provided
				  in the applicable draw procedures. The executive director shall determine any
				  prizes to be awarded and the method, manner, and timing of payment which shall
				  be stated in the applicable draw procedures.
(c) Preliminary draws and grand prize
				  drawings shall be conducted at times and places and pursuant to the methods
				  stated in the applicable draw procedures.
(d) An entry to a preliminary or grand prize
				  drawing submitted by a player in accordance with the applicable draw procedures
				  is eligible to be included in a drawing as provided in the applicable draw
				  procedures.
(e) Entries to a
				  preliminary or grand prize drawing shall be delivered to the address designated
				  on the applicable game ticket no later than the last day of the time frame
				  specified in the applicable draw procedures.
(f) The number of preliminary draw(s) and
				  grand prize drawing winner(s) selected to advance or to win a prize shall be
				  specified in the applicable draw procedures. The odds of winning an entry into
				  these drawings for a prize of a specific amount need not be uniform throughout
				  the game and are subject to change by the executive director.
(g) Each grand prize drawing finalist shall
				  submit a completed claim form and the winning ticket to the commission prior to
				  the grand prize drawing. Failure to timely submit these items and failure to
				  have a valid ticket will be cause for ineligibility to the grand prize
				  drawing.
(h) Each grand prize
				  drawing finalist will be notified by the commission of the date of his/her
				  appearance at the grand prize drawing. If a finalist is unable to attend, the
				  finalist may appoint a proxy with the approval of the executive
				  director.
(i) If a dispute arises
				  between the commission and a ticket claimant concerning whether the ticket is a
				  winning ticket and if the ticket prize has not been paid, the executive
				  director may, exclusively at his/her determination, reimburse the claimant for
				  the cost of the disputed ticket. This shall be the claimant's exclusive
				  remedy.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.304 - Draw Game Rules (General)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Price of tickets and prizes.
(1) The purchase
				  price of each draw game ticket shall be as set forth in the rules of the
				  specific game being played; provided that, the purchase price for promotional
				  groups of tickets shall be determined by the executive director.
(2) The prize pool for draw games shall have
				  contributions to prize categories as set forth in the rules of the specific
				  game being played.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.305 - "Lotto Texas" Draw Game Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Lotto Texas®. The executive director is
				  authorized to conduct a game known as "Lotto Texas." The executive director may
				  issue further directives for the conduct of Lotto Texas that are consistent
				  with this rule. In the case of conflict, this rule takes precedence over §
										RSA
				  401.304 of this title (relating to Draw Game
				  Rules (General)). Lotto Texas consists of a base game for which plays may be
				  purchased for the opportunity to win prizes during drawings in accordance with
				  this section. Lotto Texas With Extra!® is an
				  add-on feature that allows players who purchase this feature to increase
				  non-jackpot prize amounts.
(b)
				  Definitions. In addition to the definitions provided in §
										RSA
				  401.301 of this title (relating to General
				  Definitions), and unless the context in this rule otherwise requires, the
				  following definitions apply:
(1) Lotto Texas
				  Play--A Lotto Texas Play refers to the selection of six different numbers from
				  1 to 54 for one opportunity to win a prize in the Lotto Texas base game and the
				  purchase of a ticket evidencing that selection. A Lotto Texas With Extra! Play
				  refers to a play purchased as part of the Extra! feature fully described in
				  subsection (g) of this section.
(2)
				  Playboard--A field of 54 numbers from 1 to 54 found on the playslip.
(3) Roll cycle--A series of drawings that
				  ends when there is a drawing for which one or more tickets are sold that match
				  the six numbers drawn in the Lotto Texas base game drawing. A new roll cycle
				  begins with the next Lotto Texas base game drawing after one or more tickets
				  are sold that match the six numbers drawn in the drawing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.306 - Video Lottery Games

Current through Reg. 49, No. 28; July 12, 2024
(a) No person may
				  operate any game using a video lottery machine or machine.
(b) As used in this section, "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, but not limited to, video poker, keno, and blackjack, utilizing 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.307 - "Pick 3" Draw Game Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pick 3T. The executive director is authorized to conduct a game known as "Pick
				  3." The executive director may issue further directives and procedures for the
				  conduct of Pick 3 that are consistent with this rule. In the case of conflict,
				  this rule takes precedence over §
										RSA
				  401.304 of this title (relating to Draw Game
				  Rules (General)).
(b) Definitions.
				  In addition to the definitions provided in §
										RSA
				  401.301 of this title (relating to General
				  Definitions), and unless the context in this rule otherwise requires, the
				  following definitions apply.
(1) Pick 3
				  Play--A play other than a Pick 3
plus
FIREBALL[®] play consists of:
(A) the selection of a play type;
(B) the selection of a Pick 3 base play
				  amount of $.50, $1, $2, $3, $4 or $5;
(C) the selection of a draw date and
				  time;
(D) the selection of numbers
				  in accordance with this section; and
(E) the purchase of a ticket evidencing those
				  selections.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.308 - "Cash Five" Draw Game Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Cash Five®. A Texas Lottery draw game to be
				  known as "Cash Five" is authorized to be conducted by the executive director
				  under the following rules and under such further instructions and directives as
				  the executive director may issue in furtherance thereof. If a conflict arises
				  between this rule and §
										RSA
				  401.304 of this title (relating to Draw Game
				  Rules (General)), this section shall have precedence.
(b) Definitions. In addition to the
				  definitions provided in §
										RSA
				  401.301 of this title (relating to General
				  Definitions), and unless the context in this rule otherwise requires, the
				  following definitions apply.
(1)
				  Multi-draw--A player may purchase a Cash Five play for up to 12 consecutive
				  drawings beginning with the current draw.
(2) Play--The five numbers selected and
				  printed on the ticket.
(3)
				  Playboard --A field of 35 numbers from 1 to 35 found on the playslip.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.309 - Assignability of Prizes

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. "Prize Winner"--The name of the person who presented a valid
				  ticket, claimed a lottery prize and was and is recognized by the Texas Lottery
				  as the person entitled to receive the lottery prize payments and who is not an
				  assignee of the lottery prize. In the event of any conflict between a person
				  who presented a ticket and a person who is recognized by the Texas Lottery as
				  the person entitled to receive the lottery prize payments, a "prize winner" is
				  the person recognized by the Texas Lottery as the person entitled to receive
				  lottery prize payments.
(b) Prizes
				  in the lottery are not assignable except:
(1)
				  if the prize winner dies before the prize is paid, the director shall pay the
				  prize as required by law;
(2)
				  pursuant to an appropriate judicial order under Texas Government Code, §
											RSA
				  466.406<subdiv>(c)</subdiv> that
				  resolves a bona fide underlying controversy involving the prize winner, which
				  order shall not include an order issued to enforce or approve an agreement
				  between a prize winner and any third party where the prize winner has agreed to
				  transfer future prize payments to a third party in exchange for consideration;
				  or
(3) pursuant to an order under
				  Texas Government Code, §
											RSA
				  466.410 obtained by a prize winner or an
				  assignee of a prize winner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.310 - Payment of Prize Payments Upon Death of Prize Winner

Current through Reg. 49, No. 28; July 12, 2024
(a) The personal representative of the estate
				  of a deceased prize winner entitled to payment of lottery prize installment
				  payments pursuant to the State Lottery Act §466.406(b), may petition the
				  executive director to pay the net present value all of the remaining lottery
				  prize installment payments, not previously assigned, in a lump sum payment to
				  the estate. For this rule, "prize winner" means an individual who claimed the
				  prize as an individual and not as a representative of a legal entity and does
				  not include a legal entity. The personal representative of the estate must
				  present with the petition to the executive director an order from the proper
				  Probate Court in compliance with the requirements set out in part (b), below.
(1) The net present value lump sum payment to
				  be distributed shall represent the lesser of the commission's book value or
				  fair market value of that portion of the unassigned future installment payments
				  that are to be paid to the estate, less any applicable taxes or other offsets
				  required by the State Lottery Act, Texas Government Code Chapter 466. The
				  commission's book value is the daily recalculated amortized cost of investments
				  under the interest method. The fair market value is the value of investments at
				  any point in time as determined by the market place.
(2) The valuation of the securities at the
				  lower of the commission's book value or fair market value and the determination
				  of the net present value of the remaining unassigned installment payments shall
				  be at the sole determination and discretion of the executive
				  director.
(3) The securities and/or
				  cash representing the future lottery prize installment payments held for the
				  deceased prize winner, not previously assigned, shall be distributed to the
				  estate of the deceased prize winner by payment into the registry of the proper
				  Probate Court upon confirmation by the executive director of the Probate
				  Court's order's compliance with part (b) below.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.312 - "Texas Two Step" Draw Game Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Texas Two Step®. The executive director is
				  authorized to conduct a game known as "Texas Two Step." The executive director
				  may issue further directives for the conduct of Texas Two Step that are
				  consistent with this rule. In the case of conflict, this rule takes precedence
				  over §
										RSA
				  401.304 of this title (relating to Draw Game
				  Rules (General)).
(b) Definitions.
				  In addition to the definitions provided in §
										RSA
				  401.301 of this title (relating to General
				  Definitions), and unless the context in this rule otherwise requires, the
				  following definitions apply.
(1) Play--The
				  selection of four different numbers from 1 to 35 and the selection of an
				  additional number from 1 to 35 for one opportunity to win in Texas Two Step,
				  and the purchase of a ticket evidencing that selection.
(2) Playboard--Two fields found on the
				  playslip, with each field containing 35 numbers from 1 to 35.
(3) Roll cycle--A series of one or more
				  drawings that ends when there is a drawing for which one or more tickets are
				  sold that match, in accordance with the provisions of subsection (e)(1)(A) of
				  this section, the numbers drawn in the drawing. A new roll cycle begins with
				  the next drawing after a drawing for which one or more jackpot tickets are sold
				  that match, in accordance with the provisions of subsection (e)(1)(A) of this
				  section, the numbers drawn in the drawing.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.313 - Promotional Drawings

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility for
				  a promotional drawing shall be determined by, but not limited to, a direct
				  entry to a promotional drawing as provided in the applicable draw procedures.
				  The executive director shall determine any prizes to be awarded, and the
				  method, manner, and timing of payment that shall be stated in the applicable
				  draw procedures.
(b) Promotional
				  drawings shall be conducted at times and places pursuant to the methods stated
				  in the applicable draw procedures.
(c) The number of promotional drawing winners
				  selected to win a prize shall be specified in the applicable draw
				  procedures.
(d) Each promotional
				  drawing winner will be notified by the commission that the person is a winner,
				  as specified in the applicable draw procedures.
(e) In entering a promotional drawing, the
				  player agrees to abide by applicable laws, all commission rules, regulations,
				  policies, directives, instructions, conditions, procedures, and final decisions
				  of the executive director.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.314 - Retailer Bonus Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Only a licensed
				  commission retailer shall be eligible to obtain a retailer bonus.
(b) A retailer is not eligible for a retailer
				  bonus unless the retailer is in compliance with the State Lottery Act,
				  Government Code, Chapter 466, commission rules, and procedures.
(c) The retailer must abide by all commission
				  rules, regulations, policies, directives, instructions, conditions, procedures
				  and final decisions of the executive director in connection with the retailer
				  bonus.
(d) The retailer bonus for
				  each lottery game in which a retailer bonus may be awarded is set out in the
				  commission procedures for that particular lottery game.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.316 - "Daily 4" Draw Game Rule

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Daily 4T. The executive director is authorized to conduct a game known as
				  "Daily 4." The executive director may issue further directives and procedures
				  for the conduct of Daily 4 that are consistent with this rule. In the case of
				  conflict, this rule takes precedence over §
										RSA
				  401.304 of this title (relating to Draw Game
				  Rules (General)).
(b) Definitions.
				  In addition to the definitions provided in §
										RSA
				  401.301 of this title (relating to General
				  Definitions), and unless the context in this rule otherwise requires, the
				  following definitions apply.
(1) Daily 4
				  Play--A play other than a Daily 4
plus
FIREBALL play consists
				  of:
(A) the selection of a play
				  type;
(B) the selection of a Daily
				  4 base play amount of $.50, $1, $2, $3, $4 or $5;
(C) the selection of a draw date and
				  time;
(D) the selection of numbers
				  in accordance with this section; and
(E) the purchase of a ticket evidencing those
				  selections.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 401 - ADMINISTRATION OF STATE LOTTERY ACT › Subchapter D - LOTTERY GAME RULES › Section 401.319 - Withholding of Child-Support Payments from Periodic Installment Payments of Lottery Winnings

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director shall deduct from periodic installment winnings paid to a prize winner
				  amounts owed by the prize winner for child support if the executive director
				  has been provided with:
(1) a certified copy
				  of a court order;
(2) a writ of
				  withholding issued under Chapter 158, Family Code; or
(3) notice of a child support lien created
				  under Subchapter G, Chapter 157, Family Code.