HBA-ALS H.B. 2452 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2452
By: Dunnam
Licensing & Administrative Procedures
4/13/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, the Texas Lottery Commission will not grant a sales agent
applicant a license to sell lottery tickets if the applicant has
outstanding obligations to the state. However, there are few remedies for
the state to collect obligations incurred by a sales agent after the agent
has been issued a license.  H.B. 2452 requires the director of the lottery
division to deny a license application and suspend or revoke a license of
an lottery sales agent who is delinquent in the payment of taxes, has
unpaid child support payments, or has defaulted on student loans.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Lottery Commission in SECTION
1 (Section 466.155, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS
 
SECTION 1.  Amends Section 466.155, Government Code, by amending Subsection
(a) and by adding Subsection (g), as follows: 

(a)  Requires the director of the lottery division (director) to deny an
application for a license after a hearing or to suspend or revoke a license
if the director or the Texas Lottery Commission (commission) finds that an
applicant or sales agent has been finally determined to be delinquent in
the payment of a tax or other money collected by the comptroller of public
accounts (comptroller), the Texas Workforce Commission, or the Texas
Alcoholic Beverage Commission; delinquent in making child support payments
administered or collected by the attorney general; in default on a loan
made under Chapter 52, Education Code (Student Loan Program); or in default
on a loan guaranteed under Chapter 57, Education Code (Guaranteed Student
Loans), rather than currently delinquent in the payment of state tax. 
 
(g) Requires the attorney general, comptroller, Texas Workforce Commission,
Texas Alcoholic Beverage Commission, Texas Higher Education Coordinating
Board, and Texas Guaranteed Student Loan Corporation, for purposes of
Subsection (a) to report to the executive director of the Texas Lottery
Commission persons who have been finally determined to be delinquent in the
payment of any money owed to or collected by that particular agency.
Requires the commission to adopt rules regarding the form and frequency of
such reports. 
 
SECTION 2.  Repealer: Sections 466.358(c) (relating to the executive
director's deduction of delinquent taxes or other specified money owed from
compensation payments made to a sales agent), (d) (requiring the director
to pay any remaining balance to a sales agent in the event that the agent's
compensation exceeds a delinquency under Subsection (c) and to transfer the
amount deducted to the appropriate agency), and (e) (requiring each agency
to report persons that are delinquent in the payment of a tax or other
money collected by the agency and requiring the commission to adopt rules
regarding the form and frequency of reports), Government Code. 

SECTION 3.Effective date: September 1, 1999. 

SECTION 4.Emergency clause.