Adoption of Rule Review of 16 TAC Chapter 403 relating to General Administration
The Texas Lottery Commission (Commission) has reviewed 16 TAC Chapter 403 relating to General Administration, in accordance with the requirements of Texas Government Code, §2001.039, and readopts the rules in Chapter 403. The Commission has determined that the reasons continue to exist for adopting the rules in Chapter 403.
Section 403.101 (Open Records) sets out agency procedures for Commission compliance with Government Code Chapter 552, relating to Public Information. Section 403.110 (Petition for Adoption of Rule Changes) complies with Government Code §2001.021, relating to Petition for Adoption of Rules. Sections 403.201 (Definitions), 403.202 (Prerequisites to Suit), 403.203 (Sovereign Immunity), 403.204 (Notice of Claim of Breach of Contract), 403.205 (Agency Counterclaim), 403.206 (Request for Voluntary Disclosure of Additional Information), 403.207 (Duty to Negotiate), 403.208 (Timetable), 403.209 (Conduct of Negotiation), 403.210 (Settlement Approval Procedures), 403.211 (Settlement Agreement), 403.212 (Costs of Negotiation), 403.213 (Request for Contested Case Hearing), 403.214 (Mediation Timetable), 403.215 (Conduct of Mediation), 403.216 (Qualifications and Immunity of the Mediator), 403.217 (Confidentiality of Mediation and Final Settlement Agreement), 403.218 (Costs of Mediation), 403.219 (Settlement Approval Procedures), 403.220 (Initial Settlement Agreement), 403.221 (Final Settlement Agreement), 403.222 (Referral to the State Office of Administrative Hearings), and 403.223 (Use of Assisted Negotiation Processes) comply with Government Code §2260.052, relating to Negotiation. Section 403.301 (Historically Underutilized Businesses) complies with Government Code §2161.003, relating to Agency Rules. Section 403.401 (Use of Commission Motor Vehicles) complies with Government Code §2171.1045, relating to Restriction on Assignment of Vehicles. Section 403.501 (Custody and Use of Criminal History Record Information) complies with Government Code §411.108, relating to Access to Criminal History Record Information: Texas Lottery Commission.
As a result of the Commission's rule review, the Commission has concluded that some of the rules in Chapter 403 need to be amended in order to reflect current legal and policy considerations and current procedures of the Commission. Specifically, the sections of Chapter 403 that need to be amended are: §403.202 (Prerequisites to Suit), §403.205 (Agency Counterclaim), §403.207 (Duty to Negotiate), §403.208 (Timetable), §403.213 (Request for Contested Case Hearing), §403.214 (Mediation Timetable), §403.301 (Historically Underutilized Businesses), §403.401 (Use of Commission Motor Vehicles), and §403.501 (Custody and Use of Criminal History Record Information). The Commission will propose these amendments to each of these rules in separate rulemaking actions.
This review and readoption has been conducted in accordance with Texas Government Code §2001.039. The Commission received no comments on the proposed review, which was published in the June 3, 2011, issue of the Texas Register (36 TexReg 3511).
This concludes the review of 16 TAC Chapter 403.
The Texas Lottery Commission (Commission) has reviewed 16 TAC Chapter 401 relating to Administration of State Lottery Act, in accordance with the requirements of Texas Government Code, §2001.039, and readopts the rules in Chapter 401. The Commission has determined that the reasons continue to exist for adopting the rules in Chapter 401.
Subchapter A (Procurement) sets forth rules relating to Lottery Procurement Procedures, Protests of Terms of a Formal Competitive Solicitation, Protests of Contract Award, and Contract Monitoring Roles and Responsibilities. Subchapter B (Licensing of Sales Agents) sets forth rules relating to Application for License, Qualifications for License, Expiration of License, Renewal of License, Provisional License, Suspension or Revocation of License, Summary Suspension of License, and Standard Penalty Chart. Subchapter C (Practice and Procedure) sets forth rules relating to Intent and Scope of Rules, Construction of Rules, Contested Cases, Initiation of a Hearing, Law Governing Contested Cases, Subpoenas, Depositions, and Orders to Allow Entry, Motion for Rehearing, and Definitions. Subchapter D (Lottery Game Rules) sets forth rules relating to General Definitions, Instant Game Rules, Grand Prize Drawing Rule, On-Line Game Rules (General), "Lotto Texas" On-Line Game Rule, Video Lottery Games, "Pick 3" On-Line Game Rule, "Cash Five" On-Line Game, Assignability of Prizes, Payment of Prize Payments Upon Death of a Prize Winner, "Texas Two Step" On-Line Game, Promotional Drawings, Retailer Bonus Programs, "Mega Millions" On-Line Game Rule, "Daily 4" On-Line Game Rule, "Powerball®" On-Line Game Rule, Withholding of Delinquent Child-Support Payments from Lump-sum and Periodic Installment Payments of Lottery Winnings in Excess of Six Hundred Dollars, and Withholding of Child-Support Payments from Periodic Installment Payments of Lottery Winnings. Subchapter E (Retailer Rules) sets forth rules relating to Proceeds from Ticket Sales, Settlement Procedures, Retailer Settlements, Financial Obligations, and Commissions, Restricted Sales, Texas Lottery as Retailer, Payment of Prizes, Required Purchases of Lottery Tickets, Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Damaged or Rendered Unsaleable, for Winning Lottery Tickets Paid and for Lottery-Related Property, Retailer Record, Training, Compliance with All Applicable Laws, Instant Ticket Vending Machines, Online Self-Service Terminals, Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Stolen or Lost, Collection of Delinquent Obligations for Lottery Retailer Related Accounts, and Display of License. Subsection F (ADA Requirements) sets forth rules relating to Definitions, General Requirements, Readily Achievable Barrier Removal, Priority of ADA Compliance by Lottery Licensees, Alternatives to Barrier Removal, Future Alterations to a Lottery Licensed Facility, Complaints Relating to Non-accessibility, and Requests for Hearings. Subchapter G (Lottery Security) sets forth a rule relating to Lottery Security.
As a result of the Commission's rule review, the Commission has concluded that some of the rules in Chapter 401 need to be amended in order to reflect current legal and policy considerations, and current procedures of the Commission. The Commission will propose amendments to the rules requiring amendments in separate rulemaking actions.
This review and readoption has been conducted in accordance with Texas Government Code §2001.039. The Commission received no comments on the proposed review, which was published in the August 26, 2011, issue of the Texas Register (36 TexReg 5417).
This concludes the review of 16 TAC Chapter 401.
Adoption of Rule Review of 16 TAC Chapter 402, related to Charitable Bingo Administrative Rules
The Texas Lottery Commission (Commission) has reviewed 16 TAC Chapter 402 relating to Charitable Bingo Administrative Rules, in accordance with the requirements of Texas Government Code, §2001.039, and readopts the rules in Chapter 402. The Commission has determined that the reasons continue to exist for adopting the rules in Chapter 402, with the exception of three rules in Subchapter G, relating to Compliance and Enforcement, which will be repealed in separate rulemaking actions.
Subchapter A (Administration) sets forth rules relating to Definitions, Advisory Opinions, Bingo Advisory Committee, and Training Program. Subchapter B (Conduct of Bingo) sets forth rules relating to General Restrictions on the Conduct of Bingo, Prohibited Bingo Occasion, Transfer of Funds, Unit Accounting, Prohibited Price Fixing, Unit Agreements, House Rules, and Promotional Bingo. Subchapter C (Bingo Games and Equipment) sets forth rules relating to Pull-Tab Bingo, Bingo Card/Paper, Card-Minding Systems, and Pull-tab or Instant Bingo Dispensers. Subchapter D (Licensing Requirements) sets forth rules relating to General Licensing Provisions, Temporary License, Registry of Bingo Workers, Licenses for Conduct of Bingo Occasions and to Lease Bingo Premises, License Fees, Temporary Authorization, Bingo Chairperson, Unit Manager, Designation of Members, Amendment for Change of Premises or Occasions Due to Lease Termination or Abandonment, Amendment of a License - General Provisions, Late License Renewal, Signature Requirements, Qualifications and Requirements for Conductor's License, Amendment to a Regular License to Conduct Charitable Bingo, Amendment of License by Telephone or Facsimile, Amendment to a Commercial Lessor License, Request for Waiver, Operating Capital, Net Proceeds, and Request for Operating Capital Increase. Subchapter E (Books and Records) sets forth rules relating to General Records Requirements, Charitable Use of Net Proceeds, Charitable Use of Net Proceeds Recordkeeping, Bingo Gift Certificates, Debit Card Transactions, Permissible Expense, Disbursement Records Requirements, Required Inventory Records, and Electronic Fund Transfers. Subchapter F (Payment of Taxes, Prize Fees and Bonds) sets forth rules relating to Bingo Reports, Interest on Delinquent Tax, Waiver of Penalty, Settlement of Prize Fees, Rental Tax, Penalty and/or Interest, Bond or Other Security, and Delinquent Purchaser. Subchapter G (Compliance and Enforcement) sets forth rules relating to Denials; Suspensions; Revocations; Hearings, Investigation of Applicants for Licenses, Books and Records Inspection, Tax Review Inspection, Standard Administrative Penalty Guideline, Expedited Administrative Penalty Guideline, Dispute Resolution, Corrective Action, and Compliance Audit.
As a result of the Commission's rule review, the Commission has concluded that some of the rules in Chapter 402 need to be amended in order to reflect current legal and policy considerations, and current procedures of the Commission. Specifically, the sections of Chapter 402 that need to be amended are: §402.100 (Definitions), §402.103 (Training Program), §402.200 (General Restrictions on the Conduct of Bingo), §402.202 (Transfer of Funds), §402.203 (Unit Accounting), §402.204 (Prohibited Price Fixing), §402.205 (Unit Agreements), §402.303 (Pull-tab or Instant Bingo Dispensers), §402.400 (General Licensing Provisions), §402.402 (Registry of Bingo Workers), §402.420 (Qualifications and Requirements for Conductor's License), §402.450 (Request for Waiver), §402.451 (Operating Capital), §402.452 (Net Proceeds), §402.453 (Request for Operating Capital Increase), §402.503 (Bingo Gift Certificates), §402.600 (Bingo Reports), §402.603 (Bond or Other Security), §402.701 (Investigation of Applicants for Licenses), §402.706 (Standard Administrative Penalty Guideline), §402.707 (Expedited Administrative Penalty Guideline), and §402.708 (Dispute Resolution). The Commission will propose the amendments to each of these rules in separate rulemaking actions.
Also as a result of the Commission's rule review, staff has concluded that the reasons for adopting §§402.703 (Books and Records Inspection), 402.704 (Tax Review Inspection), and 402.715 (Compliance Audit) no longer exist. Section 402.703 and §402.704 are no longer necessary because the activities contained in these two rules are no longer performed by the Charitable Bingo Operations Division as a result of a change in audit methodology. Finally, §402.715 is no longer necessary because the new audit methodology has changed the processes contained in this rule.
This review and readoption has been conducted in accordance with Texas Government Code §2001.039. The Commission received no comments on the proposed review, which was published in the August 26, 2011, issue of the Texas Register (36 TexReg 5417).
This concludes the review of 16 TAC Chapter 402.
