S.B. No. 1655
 
 
 
 
AN ACT
  relating to the organization, duties, and functions of the Texas
  Veterans Commission and to providing funding for assistance for
  veterans through a lottery game.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 434.014, Government
  Code, is amended to read as follows:
         (a)  The executive director or the executive director's
  designee shall develop a career ladder program. The program must
  require that openings in all positions except entry level positions
  be posted within the commission concurrently with any [for at least
  10 days before they are posted for the] public posting.
         SECTION 2.  Subchapter A, Chapter 434, Government Code, is
  amended by adding Sections 434.0161 and 434.021 to read as follows:
         Sec. 434.0161.  USE OF FUNDS TO SUPPORT OUTREACH AND
  TRAINING. The commission may use appropriated funds to purchase,
  for use at outreach and training functions:
               (1)  promotional items that include the agency's name
  and contact information to be distributed to veterans; and
               (2)  food and beverages.
         Sec. 434.021.  CONFIDENTIAL INFORMATION RECEIVED BY THE
  COMMISSION. Information received by the commission that is
  confidential under Chapter 552 remains confidential regardless of
  the format in which the commission maintains the information.
         SECTION 3.  Subsections (a) and (e), Section 434.017,
  Government Code, as amended by Chapter 1418 (H.B. 3107), Acts of the
  80th Legislature, Regular Session, 2007, are amended to read as
  follows:
         (a)  The fund for veterans' assistance is a special fund in
  the state treasury outside the general revenue fund. The fund is
  composed of:
               (1)  money transferred to the fund at the direction of
  the legislature;
               (2)  gifts and grants contributed to the fund; [and]
               (3)  the earnings of the fund; and
               (4)  money transferred to the fund from proceeds of the
  lottery game operated under Section 466.027 or transferred to the
  fund under Section 466.408(b).
         (e)  The commission [comptroller] may solicit, [and] accept,
  or refuse a gift or grant of money, services, or property for any
  purpose related to the fund for veterans' assistance [gifts and
  grants to the fund]. A gift or grant to the fund may be appropriated
  in the same manner as other money in the fund, subject to any
  limitation or requirement placed on the gift or grant by the donor
  or granting entity.
         SECTION 4.  (a)  Subchapter B, Chapter 466, Government Code,
  is amended by adding Section 466.027 to read as follows:
         Sec. 466.027.  VETERANS' ASSISTANCE GAME. (a)  The
  commission shall operate an instant-ticket lottery game to benefit
  the fund for veterans' assistance established by Section 434.017,
  as amended by Chapter 1418 (H.B. 3107), Acts of the 80th
  Legislature, Regular Session, 2007.
         (b)  The commission shall:
               (1)  determine the ticket price, payout amounts, and
  manner in which the game is conducted;
               (2)  make tickets to the game available for sale
  continuously to the extent practicable; and
               (3)  change the design or theme of the game regularly to
  ensure that the game remains competitive with other instant-ticket
  lottery games offered by the commission.
         (c)  The commission shall market and advertise the lottery
  game operated under this section in a manner intended to inform the
  public that the game tickets are available for purchase and that the
  game proceeds are used to fund veterans programs in this state. The
  game tickets must clearly state that the game proceeds are used to
  benefit the veterans in this state. The Texas Veterans Commission
  may make recommendations to the Texas Lottery Commission relating
  to the marketing and advertising of the game.
         (d)  The commission shall encourage each sales agent that
  sells tickets to instant-ticket games or similar types of lottery
  games to sell tickets to the game operated under this section.
         (e)  No organization that would otherwise be eligible to
  receive funds from the state lottery account attributable to any
  lottery game authorized by this section may receive any such funds
  if it conducts illegal gambling or the illegal operation of
  gambling devices as defined by Chapter 47, Penal Code, or allows
  illegal gambling or the illegal operation of gambling devices to be
  conducted on its property or in its facilities.
         (b)  This section takes effect only if Senate Bill No. 1969,
  Acts of the 81st Legislature, Regular Session, 2009, does not
  become law.
         SECTION 5.  (a)  Subchapter B, Chapter 466, Government Code,
  is amended by adding Section 466.027 to read as follows:
         Sec. 466.027.  VETERANS' ASSISTANCE GAME. (a)  The
  commission shall operate an instant-ticket lottery game to benefit
  the fund for veterans' assistance established by Section 434.017.
         (b)  The commission shall:
               (1)  determine the ticket price, payout amounts, and
  manner in which the game is conducted;
               (2)  make tickets to the game available for sale
  continuously to the extent practicable; and
               (3)  change the design or theme of the game regularly to
  ensure that the game remains competitive with other instant-ticket
  lottery games offered by the commission.
         (c)  The commission shall market and advertise the lottery
  game operated under this section in a manner intended to inform the
  public that the game tickets are available for purchase and that the
  game proceeds are used to fund veterans programs in this state. The
  game tickets must clearly state that the game proceeds are used to
  benefit the veterans in this state. The Texas Veterans Commission
  may make recommendations to the Texas Lottery Commission relating
  to the marketing and advertising of the game.
         (d)  The commission shall encourage each sales agent that
  sells tickets to instant-ticket games or similar types of lottery
  games to sell tickets to the game operated under this section.
         (e)  No organization that would otherwise be eligible to
  receive funds from the state lottery account attributable to any
  lottery game authorized by this section may receive any such funds
  if it conducts illegal gambling or the illegal operation of
  gambling devices as defined by Chapter 47, Penal Code, or allows
  illegal gambling or the illegal operation of gambling devices to be
  conducted on its property or in its facilities.
         (b)  This section takes effect only if Senate Bill No. 1969,
  Acts of the 81st Legislature, Regular Session, 2009, becomes law.
         SECTION 6.  (a)  Subsection (b), Section 466.355,
  Government Code, is amended to read as follows:
         (b)  Money in the state lottery account may be used only for
  the following purposes and shall be distributed as follows:
               (1)  the payment of prizes to the holders of winning
  tickets;
               (2)  the payment of costs incurred in the operation and
  administration of the lottery, including any fees received by a
  lottery operator, provided that the costs incurred in a fiscal
  biennium may not exceed an amount equal to 12 percent of the gross
  revenue accruing from the sale of tickets in that biennium;
               (3)  the establishment of a pooled bond fund, lottery
  prize reserve fund, unclaimed prize fund, and prize payment
  account; and
               (4)  the balance, after creation of a reserve
  sufficient to pay the amounts needed or estimated to be needed under
  Subdivisions (1) through (3), to be transferred on or before the
  15th day of each month as follows:
                     (A)  the portion of the balance attributable to
  the lottery game operated under Section 466.027 to the fund for
  veterans' assistance established by Section 434.017, as amended by
  Chapter 1418 (H.B. 3107), Acts of the 80th Legislature, Regular
  Session, 2007; and
                     (B)  the remainder to the foundation school fund[,
  on or before the 15th day of each month].
         (b)  This section takes effect only if Senate Bill No. 1969,
  Acts of the 81st Legislature, Regular Session, 2009, does not
  become law.
         SECTION 7.  (a)  Subsection (b), Section 466.355,
  Government Code, is amended to read as follows:
         (b)  Money in the state lottery account may be used only for
  the following purposes and shall be distributed as follows:
               (1)  the payment of prizes to the holders of winning
  tickets;
               (2)  the payment of costs incurred in the operation and
  administration of the lottery, including any fees received by a
  lottery operator, provided that the costs incurred in a fiscal
  biennium may not exceed an amount equal to 12 percent of the gross
  revenue accruing from the sale of tickets in that biennium;
               (3)  the establishment of a pooled bond fund, lottery
  prize reserve fund, unclaimed prize fund, and prize payment
  account; and
               (4)  the balance, after creation of a reserve
  sufficient to pay the amounts needed or estimated to be needed under
  Subdivisions (1) through (3), to be transferred on or before the
  15th day of each month as follows:
                     (A)  the portion of the balance attributable to
  the lottery game operated under Section 466.027 to the fund for
  veterans' assistance established by Section 434.017; and
                     (B)  the remainder to the foundation school fund[,
  on or before the 15th day of each month].
         (b)  This section takes effect only if Senate Bill No. 1969,
  Acts of the 81st Legislature, Regular Session, 2009, becomes law.
         SECTION 8.  Subsection (b), Section 466.408, Government
  Code, is amended to read as follows:
         (b)  If a claim is not made for prize money on or before the
  180th day after the date on which the winner was selected, the prize
  money shall be used in the following order of priority:
               (1)  subject to legislative appropriation, not more
  than $20 million in prize money each year may be deposited to or
  appropriated from the Texas Department of Health state-owned
  multicategorical teaching hospital account, which is an account in
  the general revenue fund;
               (2)  not more than $5 million in prize money each year
  may be appropriated to the Health and Human Services Commission and
  shall be used to support the provision of inpatient hospital
  services in hospitals located in the 15 counties that comprise the
  Texas-Mexico border area, with payment for those services to be not
  less than the amount established under the Tax Equity and Fiscal
  Responsibility Act of 1982 (TEFRA) cost reimbursement methodology
  for the hospital providing the services; [and]
               (3)  the remaining amount, not to exceed $5 million in
  prize money in each state fiscal year less any amount deposited in
  the fund in that year attributable to the lottery game operated
  under Section 466.027, shall be deposited to the fund for veterans'
  assistance; and
               (4)  all prize money subject to this section and not
  appropriated from the Texas Department of Health state-owned
  multicategorical teaching hospital account, [or] not appropriated
  to the Health and Human Services Commission for the purpose
  specified in Subdivision (2), and not deposited under Subdivision
  (3), shall be deposited in the general revenue fund and may be
  appropriated for any purpose as determined by the legislature,
  including the provision of indigent health care services as
  specified in Chapter 61, Health and Safety Code.
         SECTION 9.  Subsection (b), Section 2167.001, Government
  Code, is amended to read as follows:
         (b)  This chapter does not apply to:
               (1)  radio antenna space;
               (2)  residential space for a Texas Department of Mental
  Health and Mental Retardation program;
               (3)  residential space for a Texas Youth Commission
  program;
               (4)  space to be used for less than one month for
  meetings, conferences, conventions, seminars, displays,
  examinations, auctions, or similar purposes;
               (5)  district office space for members of the
  legislature;
               (6)  space used by the Texas Workforce Commission;
               (7)  residential property acquired by the Texas
  Department of Housing and Community Affairs or the Texas State
  Affordable Housing Corporation that is offered for sale or rental
  to individuals and families of low or very low income or families of
  moderate income; [or]
               (8)  except as provided by Section 2167.007, classroom
  and instructional space for an institution of higher education; or
               (9)  space leased by the Texas Veterans Commission to
  administer the veterans employment services program.
         SECTION 10.  (a)  Section 466.355, Government Code, as
  amended by this Act, applies only to a transfer from the state
  lottery account made on or after the effective date of this Act.
         (b)  The Texas Lottery Commission shall establish and begin
  selling tickets to the lottery game as required by Section 466.027,
  Government Code, as added by this Act, not later than March 2, 2010.
         SECTION 11.  Subsection (b), Section 2167.001, Government
  Code, as amended by this Act, applies only to a lease agreement
  entered into on or after the effective date of this Act. A lease
  agreement entered into before the effective date of this Act is
  governed by the law in effect at the time the lease agreement was
  entered into, and the former law is continued in effect for that
  purpose.
         SECTION 12.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1655 passed the Senate on
  April 16, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on June 1, 2009, by the
  following vote: Yeas 26, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1655 passed the House, with
  amendment, on May 20, 2009, by the following vote: Yeas 140,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor