CHAPTER 467. TEXAS LOTTERY COMMISSION
GOVERNMENT CODE
TITLE 4. EXECUTIVE BRANCH
SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS
CHAPTER 467. TEXAS LOTTERY COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.