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 401.152 - Application for License

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant for a
				  license under this subchapter must apply to the Commission using forms provided by
				  the Commission.
(b) The executive
				  director or his/her designee shall develop all forms and related documents
				  including, but not limited to, an application form, release form to obtain a credit
				  report, and/or any other background information relating to the applicant required
				  to determine the applicant's eligibility for a license and whether the granting of a
				  license to the applicant will best serve the public convenience. An applicant must
				  disclose all criminal convictions for those individuals of whom an investigation is
				  authorized under the Government Code, §
										RSA
				  466.201, and which are requested in the
				  application.
(c) An applicant shall,
				  under penalty of perjury, complete, sign, date, and submit all forms and related
				  information and documents required. By signing and submitting the application form,
				  the applicant agrees to allow the director of the Lottery Operations Division
				  (hereinafter "director") to investigate the credit, criminal, and tax background of
				  the applicant and other matters as authorized under the State Lottery Act,
				  Government Code, Chapter 466.
(d) Every
				  application for a license submitted under this subchapter shall be accompanied by a
				  license application fee in an amount to be established by the director. If the
				  director denies an application for a license based on a factor listed in § RSA
				  401.153(a) of this title (relating to Qualifications for License), 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. If an applicant fails to provide all forms and related
				  information and documents required as part of the application, the director may
				  cancel the application without making a determination to deny. If the director
				  cancels an application, the director shall not refund any part of the application
				  fee.
(e) Every license application
				  submitted to the director under this subchapter shall be accompanied by security as
				  authorized by the Government Code, § RSA 466.156(a), in a form and amount
				  determined by the director. The director may reduce or waive the amount of security
				  required, if feasible, after consideration of the possible loss to the state from
				  the operation of the applicant in connection with the lottery, whether the applicant
				  is a minority business as defined by Government Code, §
										RSA 466.107, or
				  any other factor the director finds relevant. If the director determines that the
				  purposes of the Act would be best served through establishment and maintenance of a
				  pooled fund for purposes of reimbursing the division for losses arising from the
				  operation of licensed sales agents, the director may require security in the form of
				  a mandatory contribution by each applicant. Any amount so contributed may not be
				  refunded. Depending upon the losses required to be reimbursed by such a fund, the
				  director may require additional contributions to such a fund as a condition of any
				  license application, including a license renewal application.
(f) All applications submitted under this
				  subchapter shall be available for public inspection during business hours, provided
				  that criminal history information and other information confidential by law shall
				  not be available for inspection. Any person seeking to inspect any application shall
				  furnish a written request to the director specifically stating the information
				  sought to be inspected. The director may respond to such requests orally or in
				  writing in order to arrange for the inspection of the requested documents after a
				  reasonable time is allowed for the division to review the documents and delete
				  confidential information.