Law:Title 4. Executive Branch. Subtitle E. Other Executive Agencies And Programs from Chapter 467. Texas Lottery Commission (Texas)

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Subtitle E. Other Executive Agencies And Programs

Contents

Chapter 467. Texas Lottery Commission

Subchapter A. General Provisions

Section  467.001.  Definitions.

In this chapter:

(1)  "Commission" means the Texas Lottery Commission.

(2)  "Executive director" means the executive director of the Texas Lottery Commission.

(3)  "Communicate directly with" has the meaning assigned by Section 305.002, Government Code.

(4)  "Gift" includes a gratuity, trip, meal, or other thing of value for which the recipient does not compensate the person making the gift and that is not conferred on account of kinship or a personal, professional, or business relationship independent of the official status of the recipient.

(5)  "Legislation" has the meaning assigned by Section 305.002.

(6)  "Member of the legislative branch" has the meaning assigned by Section 305.002.

(7)  "Participated" means to have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, or similar action.

(8)  "Particular matter" includes an investigation, an application, a request for a ruling or determination, a license proceeding, rulemaking, a contract, a controversy, a claim, a charge, an accusation, an arrest, or a judicial or other proceeding.

(9)  "Person that has a significant financial interest in the lottery" means:

(A)  a person or a board member, officer, trustee, or general partner of a person that manufactures, distributes, sells, or produces lottery equipment, supplies, services, or advertising;

(B)  an employee of a person that manufactures, distributes, sells, or produces lottery equipment, supplies, services, or advertising and that employee is directly involved in the manufacturing, distribution, selling, or production of lottery equipment, supplies, services, or advertising;

(C)  a person or a board member, officer, trustee, or general partner of a person that has made a bid to operate the lottery in the preceding two years or that intends to make a bid to operate the lottery or an employee of the person if the employee is directly involved in making the bid; or

(D)  a sales agent.

(10)  "Political committee" has the meaning assigned by Section 251.001, Election Code.

(11)  "Political contribution" has the meaning assigned by Section 251.001, Election Code.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 1441, Sec. 1, eff. Sept. 1, 1997.



Section 467.002.  Application Of Sunset Act.

The commission is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished and this chapter, Chapter 466 of this code, and Chapter 2001, Occupations Code, expire September 1, 2013.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 1.03(a), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1227, Sec. 3.08, eff. September 1, 2005.

Acts 2009, 81st Leg., 1st C.S., Ch. 2, Sec. 2.03, eff. July 10, 2009.



Subchapter B. Commission

Section  467.021.  Membership.

(a) The commission is composed of three members appointed by the governor with the advice and consent of the senate.

(b)  In making appointments to the commission, the governor shall strive to achieve representation by all the population groups of the state with regard to economic status, sex, race, and ethnicity.

(c)  One member must have experience in the bingo industry.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.022.  Term Of Office.

Members hold office for staggered terms of six years with one member's term expiring February 1 of each odd-numbered year.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.023.  Residence Requirement.

An individual is not eligible to be a member of the commission unless the individual has been a resident of this state for at least 10 consecutive years immediately before appointment.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.024.  Eligibility.

(a) An individual is not eligible to be an appointed member of the commission if the individual:

(1)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission;

(2)  is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving funds from the commission;

(3)  uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses;

(4)  is an officer, employee, or paid consultant of a Texas trade association in the field of bingo or lottery;

(5)  is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission;

(6)  is married to an individual described by Subdivision (1)-(5);

(7)  has been convicted of a felony or of any crime involving moral turpitude; or

(8)  is not a citizen of the United States.

(b)  In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.025.  Prohibited Conduct.

(a) A commission member may not:

(1)  accept any employment or remuneration from:

(A)  a person that has a significant financial interest in the lottery; or

(B)  a bingo commercial lessor, bingo distributor, or bingo manufacturer;

(2)  play any lottery or bingo game conducted in this state;

(3)  accept or be entitled to accept any part of the winnings to be paid from a lottery or bingo game conducted in this state;

(4)  use the member's official authority to affect the result of an election or nomination for public office; or

(5)  directly or indirectly coerce, attempt to coerce, command, or advise a person to pay, lend, or contribute anything of value to another person for political purposes.

(b)  A commission member or former commission member or the spouse of a commission member or former commission member may not solicit or accept employment from a person regulated by the commission before the second anniversary of the date on which the commission member's service on the commission ends.

(c)  Repealed by Acts 1997, 75th Leg., ch. 1441, Sec. 5, eff. Sept. 1, 1997.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.49, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1441, Sec. 5, eff. Sept. 1, 1997.



Section  467.026.  Removal Of Commission Member.

(a) The governor may remove a commission member if the member:

(1)  does not have at the time of appointment the qualifications required for appointment to the commission;

(2)  does not maintain during service on the commission the qualifications required for appointment to the commission;

(3)  violates a prohibition established by Section 467.025;

(4)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or

(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.

(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.

(c)  If the presiding officer has knowledge that a potential ground for removal exists, the presiding officer shall notify the governor.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.027.  Compensation And Expenses.

(a) A commission member is not entitled to compensation for serving on the commission.

(b)  A commission member is entitled to reimbursement for actual and necessary expenses incurred in performing the member's duties, subject to any applicable limitation in the General Appropriations Act.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.028.  Offices.

The commission shall maintain its general office in the city of Austin. The commission may also establish branch offices.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.029.  Presiding Officer.

The governor shall designate one member of the commission as presiding officer of the commission to serve in that capacity at the pleasure of the governor.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.030.  Meetings.

(a) The commission shall hold at least six regular meetings each year on dates fixed by the commission. The commission may meet at other times at the call of the presiding officer or as provided by commission rule.

(b)  Section 551.002 does not apply to a closed meeting of the commission relating to the negotiation of a lottery operator's contract if the commission determines, in writing, that an open meeting would have a detrimental effect on the commission's position in the negotiations.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1242, Sec. 1, eff. June 15, 2001.



Section  467.031.  Divisions.

The commission shall establish separate divisions to oversee bingo and the state lottery.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.032.  Executive Director.

(a) The commission shall employ an executive director to administer this chapter.

(b)  The executive director holds office at the will of the commission and is specifically exempted from Chapter 654.

(c)  The executive director or an acting executive director shall be appointed by the commission no later than November 1, 1993.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.50, eff. Sept. 1, 1995.



Section  467.033.  Division Directors.

The executive director shall employ a director to oversee each division. A division director serves at the will of the executive director and is specifically exempted from Chapter 654.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.51, eff. Sept. 1, 1995.



Section  467.034.  Employees.

The executive director shall employ other personnel necessary to administer the laws under the commission's jurisdiction. Commission employees serve at the will of the executive director.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.035.  Restrictions On Employment.

(a) The commission may not employ or continue to employ a person who owns a financial interest in:

(1)  a bingo commercial lessor, bingo distributor, or bingo manufacturer; or

(2)  a lottery sales agency or a lottery operator.

(b)  The commission may not employ or continue to employ a person who is a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person who is subject to a disqualification prescribed by Subsection (a).

(c)  In employing the executive director and other employees, the commission shall strive to reflect the diversity of the population of the state as regards race, color, handicap, sex, religion, age, and national origin.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.036.  Access To Criminal History Records.

(a) The governor shall conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency relating to an individual the governor intends to appoint to the commission.

(b)  The commission shall conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency relating to an individual the commission intends to employ.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Subchapter C. Powers And Duties

Section  467.101.  Powers And Duties Of Commission.

(a) The commission has broad authority and shall exercise strict control and close supervision over all activities authorized and conducted in this state under:

(1)  Chapter 2001, Occupations Code; and

(2)  Chapter 466 of this code.

(b)  The commission shall ensure that games are conducted fairly and in compliance with the law.

(c)  The commission also has the powers and duties granted under:

(1)  Chapter 2001, Occupations Code; and

(2)  Chapter 466 of this code.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.52, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 14.762, eff. Sept. 1, 2001.



Section  467.102.  Rules.

The commission may adopt rules for the enforcement and administration of this chapter and the laws under the commission's jurisdiction.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.103.  Duties Of Executive Director.

(a) The executive director shall perform all duties required by the commission to administer this chapter and the laws under the commission's jurisdiction. The executive director may not hold other employment.

(b)  The executive director may create, abolish, transfer, and consolidate bureaus and other units that are part of the commission and that are not expressly established by law as the executive director determines to be necessary for the efficient operation of the commission.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.104.  Records.

(a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552.

(b)  The executive director shall keep the records of the commission.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 792, Sec. 2, eff. Sept. 1, 1997.



Section  467.105.  Legal Representation.

(a) The attorney general shall designate at least one member of the attorney general's staff to counsel and advise the commission and to represent the commission in legal proceedings. The attorney general shall make available to the appropriate prosecuting attorneys any information obtained regarding a violation of a law under the commission's jurisdiction.

(b)  The attorney general may apply for injunctive or declaratory relief to enforce a law under the commission's jurisdiction or a rule adopted by the commission. Action by the attorney general under this subsection does not limit the authority of the attorney general or a prosecuting attorney to bring a criminal proceeding.

Added by Acts 1993, 73rd Leg., ch. 284, Sec. 1, eff. Sept. 1, 1993.



Section  467.106.  Gift Or Political Contribution To Officer Or Employee.

(a) A commission member, the executive director, or an employee of the commission may not intentionally or knowingly accept a gift or political contribution from:

(1)  a person that has a significant financial interest in the lottery;

(2)  a person related in the first degree of consanguinity or affinity to a person that has a significant financial interest in the lottery;

(3)  a person that owns more than a 10 percent interest in an entity that has a significant financial interest in the lottery;

(4)  a political committee that is directly established, administered, or controlled, in whole or in part, by a person that has a significant financial interest in the lottery; or

(5)  a person who, within the two years preceding the date of the gift or contribution, won a lottery prize exceeding $600 in amount or value.

(b)  A person may not make a gift or political contribution to a person known by the actor to be a commission member, the executive director, or an employee of the commission, if the actor:

(1)  has a significant financial interest in the lottery;

(2)  is related in the first degree of consanguinity or affinity to a person that has a significant financial interest in the lottery;

(3)  owns more than a 10 percent interest in an entity that has a significant financial interest in the lottery;

(4)  is a political committee that is directly established, administered, or controlled, in whole or in part, by a person that has a significant financial interest in the lottery; or

(5)  within the two years preceding the date of the gift or contribution, won a lottery prize exceeding $600 in amount or value.

(c)  A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor.

Added by Acts 1997, 75th Leg., ch. 1441, Sec. 2, eff. Sept. 1, 1997.



Section  467.107.  Gift Or Political Contribution To Former Officer Or Employee.

(a) A former commission member, former executive director, or former employee of the commission may not, before the second anniversary of the date that the person's service in office or employment with the commission ceases, intentionally or knowingly accept a gift or political contribution from:

(1)  a person that has a significant financial interest in the lottery;

(2)  a person related in the first degree of consanguinity or affinity to a person that has a significant financial interest in the lottery;

(3)  a person that owns more than a 10 percent interest in an entity that has a significant financial interest in the lottery;

(4)  a political committee that is directly established, administered, or controlled, in whole or in part, by a person that has a significant financial interest in the lottery; or

(5)  a person who, within the two years preceding the date of the gift or contribution, won a lottery prize exceeding $600 in amount or value.

(b)  A person may not make a gift or political contribution to a person known by the actor to be a former commission member, former executive director, or former employee of the commission, if the actor:

(1)  has a significant financial interest in the lottery;

(2)  is related in the first degree of consanguinity or affinity to a person that has a significant financial interest in the lottery;

(3)  owns more than a 10 percent interest in an entity that has a significant financial interest in the lottery;

(4)  is a political committee that is directly established, administered, or controlled, in whole or in part, by a person that has a significant financial interest in the lottery; or

(5)  within the two years preceding the date of the gift or contribution, won a lottery prize exceeding $600 in amount or value.

(c)  A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor.

Added by Acts 1997, 75th Leg., ch. 1441, Sec. 3, eff. Sept. 1, 1997.



Section  467.108.  Representation By Former Officer Or Employee.

(a) A former commission member, former executive director, or former director may not:

(1)  for compensation, represent a person that has made or intends to make a bid to operate the lottery before the commission before the second anniversary of the date that the person's service in office or employment with the commission ceases;

(2)  represent any person or receive compensation for services rendered on behalf of any person regarding a particular matter in which the former officer or employee participated during the period of service or employment with the commission, either through personal involvement or because the matter was within the scope of the officer's or employee's official responsibility; or

(3)  for compensation communicate directly with a member of the legislative branch to influence legislation on behalf of a person that has a significant financial interest in the lottery, before the second anniversary of the date that the person's service in office or employment with the commission ceases.

(b)  A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor.

Added by Acts 1997, 75th Leg., ch. 1441, Sec. 4, eff. Sept. 1, 1997.


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