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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an instant-ticket lottery game with |
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revenue dedicated to providing grants for breast cancer research, |
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education, and patient treatment and support. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 403, Government Code, is |
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amended by adding Section 403.110 to read as follows: |
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Sec. 403.110. PINK FOR EVER FUND. (a) The Pink for Ever |
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fund is a special fund in the state treasury outside the general |
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revenue fund. |
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(b) The fund is composed of: |
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(1) gifts and grants contributed to the fund; |
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(2) earnings on the principal of the fund; and |
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(3) other amounts deposited to the credit of the fund, |
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including: |
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(A) legislative appropriations; and |
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(B) money deposited under Section 466.355. |
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(c) Except as provided by Subsection (d), money in the fund |
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may not be appropriated for any purpose other than to fund the Pink |
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for Ever grant program established by Subchapter D, Chapter 86, |
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Health and Safety Code. |
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(d) A gift or grant to the fund may be appropriated in the |
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same manner as money in the fund derived from other sources, subject |
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to any limitation or requirement placed on the gift or grant by the |
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donor or granting entity. |
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(e) Sections 403.095 and 404.071 do not apply to the fund. |
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SECTION 2. Subchapter B, Chapter 466, Government Code, is |
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amended by adding Section 466.028 to read as follows: |
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Sec. 466.028. PINK FOR EVER GAME. (a) The commission shall |
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operate an instant-ticket lottery game to benefit the Pink for Ever |
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fund established by Section 403.110. |
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(b) The commission shall: |
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(1) determine the ticket price, payout amounts for |
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prizes, and manner in which the game is conducted; |
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(2) make tickets to the game available for sale |
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continuously to the extent practicable; and |
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(3) change the design or theme of the game regularly to |
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ensure that the game remains competitive with other instant-ticket |
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lottery games offered by the commission. |
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(c) The commission shall market and advertise the lottery |
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game operated under this section in a manner intended to inform the |
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public that the game tickets are available for purchase and that the |
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game proceeds are used to fund breast cancer research, education, |
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and patient treatment and support. The Department of State Health |
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Services may make recommendations to the commission relating to the |
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marketing and advertising of the game. |
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(d) The commission may use not more than two percent of the |
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gross revenue accruing from the sale of tickets for the lottery game |
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operated under this section for the purposes of Subsection (c). |
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(e) The commission shall encourage each sales agent that |
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sells tickets to instant-ticket games or similar types of lottery |
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games to sell tickets to the game operated under this section. |
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SECTION 3. Section 466.355(b), Government Code, is amended |
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to read as follows: |
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(b) Money in the state lottery account may be used only for |
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the following purposes and shall be distributed as follows: |
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(1) the payment of prizes to the holders of winning |
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tickets; |
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(2) the payment of costs incurred in the operation and |
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administration of the lottery, including any fees received by a |
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lottery operator, provided that the costs incurred in a fiscal |
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biennium may not exceed an amount equal to 12 percent of the gross |
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revenue accruing from the sale of tickets in that biennium; |
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(3) the establishment of a pooled bond fund, lottery |
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prize reserve fund, unclaimed prize fund, and prize payment |
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account; and |
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(4) the balance, after creation of a reserve |
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sufficient to pay the amounts needed or estimated to be needed under |
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Subdivisions (1) through (3), to be transferred on or before the |
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15th day of each month as follows: |
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(A) the portion of the balance attributable to |
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the lottery game operated under Section 466.027 to the fund for |
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veterans' assistance established by Section 434.017; [and] |
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(B) the portion of the balance attributable to |
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the lottery game operated under Section 466.028 to the Pink for Ever |
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fund established by Section 403.110; and |
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(C) the remainder to the foundation school fund. |
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SECTION 4. Chapter 86, Health and Safety Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. PINK FOR EVER GRANT PROGRAM |
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Sec. 86.151. DEFINITION. In this subchapter, "department" |
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means the Department of State Health Services. |
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Sec. 86.152. PINK FOR EVER GRANT PROGRAM. The department |
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shall develop and administer a program to award grants to public and |
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nonprofit organizations that: |
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(1) provide treatment and support services for breast |
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cancer patients; |
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(2) increase public awareness of breast cancer; or |
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(3) conduct breast cancer research. |
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Sec. 86.153. RULES. The executive commissioner of the |
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Health and Human Services Commission shall adopt rules governing |
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the operation of the grant program and selection of grant |
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recipients, subject to the requirements of this subchapter. |
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Sec. 86.154. ELIGIBILITY. The department shall establish |
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eligibility guidelines for the grants awarded under this |
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subchapter. |
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Sec. 86.155. APPLICATIONS. (a) The department shall |
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establish application procedures for the grants awarded under this |
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subchapter. |
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(b) An applicant for a grant under this subchapter shall |
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submit to the department for approval: |
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(1) a description of the objectives established by the |
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applicant for the activities funded by the grant; |
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(2) a description of the methods the applicant will |
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use to evaluate the activities funded by the grant to determine if |
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the objectives are met; and |
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(3) any other information requested by the department. |
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Sec. 86.156. FUNDING. (a) The department shall award |
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grants under this subchapter from the Pink for Ever fund |
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established under Section 403.110, Government Code. |
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(b) The department may solicit and accept gifts and grants |
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from any public or private source for the purposes of this |
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subchapter. Money accepted by the department under this subsection |
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must be deposited in the Pink for Ever fund. |
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Sec. 86.157. ADVISORY COMMITTEE. The department may |
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appoint an advisory committee to assist in the evaluation of |
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applications for grants under this subchapter. |
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SECTION 5. (a) Section 466.355, Government Code, as |
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amended by this Act, applies only to a transfer from the state |
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lottery account made on or after the effective date of this Act. |
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(b) The Texas Lottery Commission shall establish and begin |
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selling tickets to the lottery game as required by Section 466.028, |
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Government Code, as added by this Act, not later than March 1, 2014. |
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(c) Not later than March 1, 2014, the executive commissioner |
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of the Health and Human Services Commission shall adopt necessary |
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rules for, and the Department of State Health Services shall |
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establish and implement, the grant program required under |
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Subchapter D, Chapter 86, Health and Safety Code, as added by this |
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Act. |
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SECTION 6. This Act takes effect September 1, 2013. |