HB1505 - Relating to the continuation and functions of the Texas Lottery Commission.

  89R5125 PRL-D     By: Hull H.B. No. 1505       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Texas Lottery   Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 466.3051(a), Government Code, is amended   to read as follows:          (a)  A sales agent or an employee of a sales agent commits an   offense if with criminal negligence the person [ intentionally or   knowingly ] sells or offers to sell a ticket to an individual that   the person knows is younger than 18 years of age.          SECTION 2.  Section 467.002, Government Code, is amended to   read as follows:          Sec. 467.002.  APPLICATION OF SUNSET ACT.  The commission is   subject to review under 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, 2037 [ 2025 ].          SECTION 3.  Subchapter A, Chapter 467, Government Code, is   amended by adding Section 467.003 to read as follows:           Sec.   467.003.     LIMITED-SCOPE SUNSET REVIEW OF COMMISSION.   (a)   Separate from the review of the commission required under   Section 467.002, the commission is subject to a limited-scope   review under Chapter 325 (Texas Sunset Act) of the commission's   compliance with the statutory changes enacted by the 89th   Legislature and the management actions adopted by the Sunset   Advisory Commission as part of its review of state agencies   scheduled to be abolished in 2025.   The limited-scope review   required under this section must be completed before the regular   session of the 91st Legislature is convened.           (b)  This section expires September 1, 2029.          SECTION 4.  Section 467.0255, Government Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing [ legislation that created the ]   commission operations ;                (2)  the programs, functions, rules, and budget of the   commission;                (3)   the scope of and limitations on the rulemaking   authority of the commission;                 (4)   the results of the most recent formal audit of the   commission;                 (5)  [ (4) ]  the requirements of :                       (A)   laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                       (B)     other laws applicable to members of a state   policy-making body in performing their duties; and                 (6)  [ (5) ]  any applicable ethics policies adopted by   the commission or the Texas Ethics Commission.           (d)     The executive director shall create a training manual   that includes the information required by Subsection (b).   The   executive director shall distribute a copy of the training manual   annually to each member of the commission.   Each member of the   commission shall sign and submit to the executive director a   statement acknowledging the member received and has reviewed the   training manual.          SECTION 5.  Section 467.033, Government Code, is amended to   read as follows:          Sec. 467.033.  DIVISION DIRECTORS.   (a)   The executive   director shall employ a lottery director to oversee the lottery   [ each ] division.   The lottery [ A division ] director serves at the   will of the executive director and is specifically exempted from   Chapter 654.           (b)     The commission shall employ a bingo director to oversee   the bingo division as described by Section 2001.052, Occupations   Code.   The bingo director serves at the will of the commission and   is specifically exempted from Chapter 654.          SECTION 6.  Section 467.101, Government Code, is amended by   adding Subsections (d), (e), and (f) to read as follows:           (d)     The commission shall establish subcommittees of the   commission to improve opportunities for commission members to   engage commission personnel and oversee policy development. The   subcommittees at a minimum must include:                 (1)  an audit subcommittee;                 (2)  a legal subcommittee; and                 (3)  a planning subcommittee.           (e)     The commission by rule shall establish a formal   procedure for:                 (1)     resolving questions regarding the commission's   statutory and rulemaking authority; and                 (2)     addressing the commission's approach to statutory   ambiguity.           (f)     The procedure established under Subsection (e) must at a   minimum provide a process for the commission to:                 (1)  request an opinion from the attorney general; and                 (2)     present questions regarding the commission's   statutory and rulemaking authority to the legislature through the   report required under Section 467.113.          SECTION 7.  Subchapter C, Chapter 467, Government Code, is   amended by adding Sections 467.112 and 467.113 to read as follows:           Sec.   467.112.     LOTTERY ADVISORY COMMITTEE. (a)   The   commission shall establish a lottery advisory committee to provide   external expertise on the lottery.   The commission shall appoint to   the advisory committee members who represent a balance of   interests, including representatives of:                 (1)  the public;                 (2)  licensed sales agents;                 (3)     interest groups with divergent viewpoints on the   lottery and lottery operations; and                 (4)     entities associated with or benefiting from the   lottery's contributions to this state.           (b)     A lottery advisory committee member serves at the   pleasure of the commission.           (c)     A lottery advisory committee member is not entitled to   receive compensation for serving as a member.   A member is entitled   to reimbursement for reasonable expenses incurred in performing   duties as a member.           (d)  The lottery advisory committee shall:                 (1)     advise the commission on the needs and problems of   this state's lottery industry;                 (2)     comment on proposed lottery rules during   development and before final adoption unless an emergency requires   immediate action by the commission;                 (3)     annually report to the commission on the advisory   committee's activities;                 (4)     annually brief the commission on advancements and   challenges in this state's lottery industry; and                 (5)     perform other duties as determined by the   commission.           (e)     The commission shall adopt rules to govern the lottery   advisory committee, including rules on:                 (1)     member composition, appointment procedures, and   terms;                 (2)     quorum requirements for advisory committee   meetings;                 (3)     additional representation requirements for and   qualifications of advisory committee members, including experience   or geographic location;                 (4)     any necessary training requirements for advisory   committee members; and                 (5)     the method for the public to provide to the   commission comments on issues the advisory committee considers.           (f)     The lottery advisory committee shall meet quarterly or   at the commission's request.           (g)     The commission may not adopt a rule that restricts the   lottery advisory committee from discussing any lottery-related   topic.           Sec.   467.113.     ANNUAL REPORT. (a)   The commission annually   shall submit a report to the governor and the legislature that:                 (1)     includes a summary of lottery revenue, prize   disbursements, and other expenses for the state fiscal year   preceding the report;                 (2)     includes a comprehensive business plan to guide   the commission's major initiatives that contains:                       (A)  specific goals for the commission; and                       (B)  an evaluation of:                             (i)  the commission's overall performance;                             (ii)     the effectiveness of specific   commission programs and initiatives;                             (iii)     the efficiency of commission   operations;                             (iv)     the amount of lottery revenue   generated for state purposes other than the payment of prizes; and                             (v)     the factors affecting the amount of   lottery revenue received and disbursed, including ticket sales and   administrative efficiency;                 (3)     addresses the trends and issues related to   violations of state laws under the commission's jurisdiction   identified in complaints under Section 467.111(e) and identified   through an inspection, audit, or other means, including the   regulation of lottery operations under Chapter 466 and of bingo   under Chapter 2001, Occupations Code;                 (4)     includes for the preceding calendar year   charitable bingo information on:              [Text truncated for display. 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