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.