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


Office of House Bill AnalysisH.B. 965
By: Dunnam
Licensing & Administrative Procedures
7/19/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the Texas Lottery Commission (TLC) was
authorized to deny, suspend, or revoke a license to sell lottery tickets
under certain conditions, or if the applicant or sales agent had certain
outstanding obligations to the state.  Prior law required the director of
the lottery division of TLC (director) to deduct the amount of delinquent
or outstanding obligations to the state from a sales agent's compensation,
but did not allow TLC to deny, revoke, or suspend a license for certain
unpaid or delinquent obligations.  House Bill 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

House Bill 965 amends the Government Code to require the director of the
lottery division of the Texas Lottery Commission (TLC) 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 is 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 TLC (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 TLC to adopt rules regarding
the form and frequency of reports (Sec. 466.155). 

The bill amends the Family Code to add TLC 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 TLC, the provisions of
the bill apply only to a lottery ticket sales agent licensed by TLC (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.