HBA-CMT C.S.H.B. 965 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 965
By: Dunnam
Licensing & Administrative Procedures
4/2/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Lottery Commission (commission) may deny, suspend, or
revoke a license to sell lottery tickets under certain conditions, or if
the applicant or sales agent has certain outstanding obligations to the
state.  Current law requires the director of the lottery division of the
commission (director) to deduct the amount of delinquent or outstanding
obligations to the state from a sales agent's compensation, but does not
allow the commission to deny, revoke, or suspend a license for certain
unpaid or delinquent obligations. C.S.H.B. 965 requires the director to
deny a license application and suspend or revoke a license of a lottery
sales agent who is delinquent in the payment of certain taxes or 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. 

ANALYSIS

C.S.H.B. 965 amends the Government Code to require the director of the
lottery division of the Texas Lottery Commission (commission) to deny,
revoke, or suspend a lottery sales agent license, if the lottery sales
agent has been finally determined to be delinquent in the payment of taxes
or other money collected by the comptroller, Texas Workforce Commission, or
the Texas Alcoholic Beverage Commission or in default on specified student
loans.   

The bill requires the comptroller, Texas Workforce Commission, Texas
Alcoholic Beverage Commission, Texas Higher Education Coordinating Board,
and Texas Guaranteed Student Loan Corporation to provide the executive
director of the commission (executive director) with a report of persons
who have been finally determined to be delinquent in the payment of any
money owed to or collected by that agency.  The bill requires the
commission to adopt rules regarding the form and frequency of reports (Sec.
466.155). 

The bill amends the Family Code to add the Texas Lottery Commission to the
list of licensing authorities whose licenses are subject to license
suspension on the order of the court of the attorney general for failure to
pay child support (Sec. 232.002).  The bill provides that with respect to
the Texas Lottery Commission, the provisions of the bill apply only to a
lottery ticket sales agent licensed by the Texas Lottery Commission (Sec.
232.002).   

The bill repeals provisions requiring the executive director to deduct
money owed from the compensation to a sales agent who is delinquent in
paying the specified taxes or student loans or in  
making child support payments (SECTION 4).

EFFECTIVE DATE

September 1, 2001.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 965 removes the delinquent child support payments administered or
collected by the attorney general from  the conditions under which the
director of the Texas Lottery Commission is required to deny, suspend, or
revoke a license (Sec. 466.155).  The substitute removes the attorney
general from the list of persons required to submit a report of persons who
have been finally determined to be delinquent in the payment of any money
owed to or collected by the attorney general (Sec. 466.155).  The
substitute adds the Texas Lottery Commission to the list of licensing
authorities whose licenses are subject to license suspension for failure to
pay child support (Sec. 232.002 and 232.0021).