HB3201 - Relating to the licensing and regulation of lottery couriers by the Texas Lottery Commission; requiring an occupational license; authorizing a fee.

  89R12913 BEE-F     By: Bucy H.B. No. 3201       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of lottery couriers by the   Texas Lottery Commission; requiring an occupational license;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 411.108, Government Code, is amended by   adding Subsection (a-3) to read as follows:           (a-3)     The Texas Lottery Commission is entitled to obtain   criminal history record information as provided by Subsection (a-2)   that relates to a person licensed under Subchapter K, Chapter 466.          SECTION 2.  Section 466.002, Government Code, is amended by   adding Subdivision (5-a) to read as follows:                 (5-a)     "Lottery courier" means a person licensed under   this chapter to act as an agent for a player in purchasing a ticket.          SECTION 3.  Section 466.201(a), Government Code, is amended   to read as follows:          (a)  The commission is entitled to 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 to assist in the investigation of:                (1)  a sales agent or an applicant for a sales agent   license;                (2)  a person required to be named in a license   application;                (3)  a lottery operator or prospective lottery   operator;                (4)  an employee of a lottery operator or prospective   lottery operator, if the employee is or will be directly involved in   lottery operations;                (5)  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;                (6)  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, if the amount of the bid or   proposal exceeds $500;                (7)  an employee or other person who works for or will   work for a sales agent or an applicant for a sales agent license;                (8)  a person who proposes to enter into or who has a   contract with the commission to supply goods or services to the   commission; [ or ]                (9)   a lottery courier or an applicant for a lottery   courier license; or                 (10)   if a person described in Subdivisions (1) through   (9) [ (8) ] is not an individual, an individual who:                      (A)  is an officer or director of the person;                      (B)  holds more than 10 percent of the stock in the   person;                      (C)  holds an equitable interest greater than 10   percent in the person;                      (D)  is a creditor of the person who holds more   than 10 percent of the person's outstanding debt;                      (E)  is the owner or lessee of a business that the   person conducts or through which the person will conduct   lottery-related activities;                      (F)  shares or will share in the profits, other   than stock dividends, of the person;                      (G)  participates in managing the affairs of the   person; or                      (H)  is an employee of the person who is or will be   involved in:                            (i)  selling tickets; or                            (ii)  handling money from the sale of   tickets.          SECTION 4.  Section 466.204, Government Code, is amended to   read as follows:          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 ;                 (10)     a lottery courier or an applicant for a lottery   courier license; or                 (11)     an employee or other person who works for or will   work for a lottery courier or an applicant for a lottery courier   license .          SECTION 5.  Chapter 466, Government Code, is amended by   adding Subchapter K to read as follows:   SUBCHAPTER K. LICENSING AND OPERATION   OF LOTTERY COURIERS           Sec.   466.501.     LICENSE REQUIRED; ISSUANCE.   (a) A person may   not act as an agent for a player in purchasing a ticket unless the   person holds a lottery courier license issued under this   subchapter.           (b)     The director may issue a lottery courier license only to   a person the director finds has the experience, character, and   general fitness to ensure the person's participation as a lottery   courier will not detract from the integrity, security, honesty, and   fairness of the operation of the lottery.           (c)     As a condition to issuance of a lottery courier license,   a lottery courier shall implement, before offering a service as a   lottery courier, any independent testing required by commission   rule.           Sec.   466.502.     LICENSE APPLICATION; FEE. (a) An applicant   for a license under this subchapter must:                 (1)     apply to the division under rules adopted by the   commission; and                 (2)  provide:                       (A)     information necessary to determine the   applicant's eligibility for a lottery courier license, including   whether the applicant demonstrates compliance with provisions of   this chapter regulating ticket purchases; and                       (B)     other information the commission considers   necessary.           (b)     The applicant must include an application fee with each   application.   The director shall set the application fee in an   amount at least sufficient to cover the costs incurred by the   commission and by the Department of Public Safety to process the   application.           Sec.   466.503.     DENIAL OF APPLICATION OR SUSPENSION OR   REVOCATION OF LICENSE. (a) After a hearing, the director shall   deny an application for a lottery courier license or the commission   shall suspend or revoke a lottery courier license if the director or   commission, as applicable, finds the applicant or lottery courier:                 (1)  is an individual who:                       (A)     has been convicted of a felony, criminal   fraud, gambling or a gambling-related offense, or a misdemeanor   involving moral turpitude, if less than 10 years has elapsed since   the termination of the sentence, parole, mandatory supervision, or   probation served for the offense;                       (B)  is or has been a professional gambler;                       (C)  is married to an individual:                             (i)  described in Paragraph (A) or (B); or                             (ii)     who is currently delinquent in the   payment of any state tax;                       (D)     is an officer or employee of the commission   or a lottery operator; or                       (E)     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 described by Paragraph (D);                 (2)     is not an individual, and an individual described   in Subdivision (1):                       (A)     is an officer or director of the applicant or   lottery courier;                       (B)     holds more than 10 percent of the stock in the   applicant or lottery courier;                       (C)     holds an equitable interest greater than 10   percent in the applicant or lottery courier;                       (D) [Text truncated for display. Full text available on Congress.gov.]