Office of House Bill AnalysisH.J.R. 98
By: Raymond
Public Education


Under current law, the balance of revenue from the state lottery account is
deposited in the foundation school fund, after the payment of prizes,
operation, and administrative costs and the establishment of various
auxiliary funds.  While the constitution does not designate the funds from
the lottery as general revenue funds, the designation of lottery funds to
the foundation school fund is merely a statutory requirement.  An amendment
could provide constitutional protection to the designation of lottery funds
for public school purposes.  House Joint Resolution 98 requires the
submission to the voters of a constitutional amendment to dedicate net
revenue from the state lottery to offset the costs of public school
educational programs.   


It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


House Joint Resolution 98 amends the Texas Constitution to provide that all
money received by the state from the operation of lotteries other than
amounts paid for lottery prizes and administrative costs is dedicated to
and may be expended only for the enrichment of the educational programs of
the public primary and secondary schools and only for items that directly
benefit classroom teaching.  The amount of money dedicated and appropriated
each fiscal biennium shall result in an equal reduction in general revenue
funds that would otherwise have been allocated for public school purposes.
The bill prohibits an advertisement or promotion sponsored by the state or
a holder of a license issued by the state and related to the operation of a
lottery from encouraging or attempting to influence a person to purchase a
lottery ticket or number for the purpose of supporting or providing more
funds to public primary or secondary schools.   


This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.