HBA-MPA H.B. 703 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 703 By: Wilson Licensing and Administrative Procedures 3/9/1999 Introduced BACKGROUND AND PURPOSE Currently, the law prohibits the purchase of lottery tickets with food stamps, credit or debit cards, and also prohibits the sale of lottery tickets by telephone or mail order. Also prohibited is the purchase of lottery tickets with the proceeds of a check issued as payment under the Aid to Families with Dependant Children program. H.B. 703 permits purchase of lottery tickets only by U.S. currency, checks, debit cards, vouchers or coupons issued by the Texas Lottery Commission, and mail order subscriptions authorized by the commission. This bill also prohibits a third party, when purchasing tickets on behalf of another, from using the funds for another purpose or retaining a share of the prize. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 466.3052, Government Code, as follows: Sec. 466.3052. New title: PURCHASE AND SALE OF TICKETS. (a) Provides that a person commits a Class C misdemeanor if the person accepts as payment for lottery tickets anything other than United States currency, a negotiable instrument in the form of a check, a debit made through a financial institution debit card, a coupon or voucher issued by the Texas Lottery Commission, or a mail order subscription or subscription form. Deletes reference to food stamp coupons, a credit or debit card, telephone sale, or mail order sales as unacceptable forms of payment and types of transactions involving lottery tickets. Makes conforming changes. SECTION 2. Amends Subchapter G, Chapter 466, Government Code, by adding Section 466.3055, as follows: Sec. 466.3055. PURCHASE FOR THIRD PARTY. Provides that a person commits a felony of the third degree if the person enters into an agreement with another to purchase lottery tickets and the person uses any part of the funds solicited and collected for another purpose or retains a share of any prize awarded as compensation for that agreement. SECTION 3. Repealer: Section 466.3053, Government Code, which provides that a person commits a Class C misdemeanor if the person knowingly purchases lottery tickets with food stamp coupons or the proceeds of a check issued as payment under the Aid to Families with Dependant Children program. SECTION 4. Effective date: September 1, 1999. SECTION 5. Makes application of SECTION 1 of this Act prospective. SECTION 6. Makes application of SECTION 3 of this Act prospective. SECTION 7. Emergency clause.