HB 3201
AN ACT relating to the licensing and regulation of lottery couriers by the
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Establishes a comprehensive licensing and regulatory framework for lottery couriers in Texas, requiring them to obtain a special license from the Texas Lottery Commission. Lottery couriers must meet strict eligibility requirements, including background checks, financial compliance, and responsible gaming protections, such as maintaining self-exclusion lists and setting daily ticket purchase limits. The law aims to ensure the integrity of lottery ticket sales by imposing rigorous standards on businesses that act as agents for players in purchasing lottery tickets, with provisions for potential license denial, suspension, or revocation if certain conditions are not met.
Subject Areas
Bill Text
relating to the licensing and regulation of lottery couriers by the Texas Lottery Commission; requiring an occupational license; BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 411.108, Government Code, is amended by adding Subsection (a-3) to read as follows: (a-3) The Texas Lottery Commission is entitled to obtain criminal history record information as provided by Subsection (a-2) that relates to a person licensed under Subchapter K, Chapter 466. SECTION 2. Section 466.002, Government Code, is amended by adding Subdivision (5-a) to read as follows: (5-a) "Lottery courier" means a person licensed under this chapter to act as an agent for a player in purchasing a ticket. SECTION 3. Section 466.201(a), Government Code, is amended (a) The commission is entitled to conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) a sales agent or an applicant for a sales agent (2) a person required to be named in a license (3) a lottery operator or prospective lottery (4) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in (5) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered (6) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission, if the amount of the bid or (7) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (8) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the (9) a lottery courier or an applicant for a lottery (10) if a person described in Subdivisions (1) through (9) [(8)] is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the (C) holds an equitable interest greater than 10 (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the (H) is an employee of the person who is or will be (ii) handling money from the sale of SECTION 4. Section 466.204, Government Code, is amended to Sec. 466.204. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue (1) a sales agent or an applicant for a sales agent (2) an employee or prospective employee of the (3) a person required to be named in a license (4) a lottery operator or prospective lottery (5) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in (6) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered (7) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission; (8) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the (10) a lottery courier or an applicant for a lottery (11) an employee or other person who works for or will work for a lottery courier or an applicant for a lottery courier SECTION 5. Chapter 466, Government Code, is amended by adding Subchapter K to read as follows: SUBCHAPTER K. LICENSING AND OPERATION Sec. 466.501. LICENSE REQUIRED; ISSUANCE. (a) A person may not act as an agent for a player in purchasing a ticket unless the person holds a lottery courier license issued under this (b) The director may issue a lottery courier license only to a person the director finds has the experience, character, and general fitness to ensure the person's participation as a lottery courier will not detract from the integrity, security, honesty, and fairness of the operation of the lottery. (c) As a condition to issuance of a lottery courier license, a lottery courier shall implement, before offering a service as a lottery courier, any independent testing required by commission Sec. 466.502. LICENSE APPLICATION; FEE. (a) An applicant for a license under this subchapter must: (1) apply to the division under rules adopted by the (A) information necessary to determine the applicant's eligibility for a lottery courier license, including whether the applicant demonstrates compliance with provisions of this chapter regulating ticket purchases; and (B) other information the commission considers (b) The applicant must include an application fee with each application. The director shall set the application fee in an amount at least sufficient to cover the costs incurred by the commission and by the Department of Public Safety to process the Sec. 466.503. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. (a) After a hearing, the director shall deny an application for a lottery courier license or the commission shall suspend or revoke a lottery courier license if the director or commission, as applicable, finds the applicant or lottery courier: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (C) is married to an individual: (i) described in Paragraph (A) or (B); or (ii) who is currently delinquent in the (D) is an officer or employee of the commission (E) is a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Paragraph (D); (2) is not an individual, and an individual described (A) is an officer or director of the applicant or (B) holds more than 10 percent of the stock in the (C) holds an equitable interest greater than 10 percent in the applicant or lottery courier; (D) is a creditor of the applicant or lottery courier who holds more than 10 percent of the applicant's or lottery (E) is the owner or lessee of a business the applicant or lottery courier conducts or through which the applicant will conduct a lottery courier business; (F) shares or will share in the profits, other than stock dividends, of the applicant or lottery courier; or (G) participates in managing the affairs of the (3) has been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage (4) is a person whose location for the lottery courier (A) a location licensed for games of bingo under Chapter 2001, Occupations Code; (ii) a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or a state agency; or (C) a location for which a person holds a wine and malt beverage retailer's permit, mixed beverage permit, mixed beverage permit with a retailer late hours certificate, private club registration permit, or private club registration permit with a retailer late hours certificate issued under Chapter 25, 28, 29, or 32, Alcoholic Beverage Code, other than a location for which a person holds a wine and malt beverage retailer's permit issued under Chapter 25, Alcoholic Beverage Code, that derives less than 30 percent of the location's gross receipts from the sale or service (5) has violated this chapter or a rule adopted under (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or lottery courier is entitled to written notice of the time and place of the hearing. A notice may be served on an applicant or lottery courier personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. A notice must be served or mailed not later than the 20th day before the hearing date. The commission shall provide for a formal administrative hearings process. Sec. 466.504. PROHIBITED TRANSACTIONS. A lottery courier may not open an account or accept a request for lottery courier (2) an employee, officer, director, or direct or indirect owner of the lottery courier; (3) related within the first degree by consanguinity to an employee, officer, director, or direct or indirect owner of (4) identified on a restricted list, as prescribed by Sec. 466.505. COMPLIANCE AUDITS; ANNUAL REPORTS. (a) At the sole expense of the lottery courier, the lottery courier at least annually shall contract with an independent auditor the commission approves for an audit of the lottery courier. On completion of the audit and the auditor's determination the lottery courier is in compliance with this subchapter, the auditor shall issue a certification of compliance to the lottery courier. (b) A lottery courier shall provide to the commission, not later than the 120th day after the last day of the lottery courier's (1) the lottery courier's financial statements audited in accordance with generally accepted auditing standards and a copy of the certificate of compliance issued as required under (2) an evaluation of the lottery courier's management in accordance with the Standards for Attestation Engagements 18 standard established by the American Institute of Certified Public (3) an anti-money laundering compliance statement on a form the commission prescribes and executed by the lottery courier's designated anti-money laundering compliance officer. Sec. 466.506. INSURANCE. A lottery courier shall maintain, with the limits, coverage requirements, and minimum insurer ratings (1) cyber liability insurance; (2) errors and omissions insurance; and (3) directors and officers liability insurance. Sec. 466.507. RESPONSIBLE GAMING PROTECTIONS. A lottery (1) maintain a self-exclusion list and provide a mechanism for a player to register through the lottery courier to be excluded from the lottery courier's services; (2) ensure to the commission's satisfaction that any player on the lottery courier's self-exclusion list is prevented from requesting lottery courier services; (3) establish a limit approved by the commission on the number or amount of daily ticket purchases for all players using the lottery courier's services; (4) provide a system for an individual player to set a lower personal daily ticket purchase limit; (5) accept only the payment methods authorized for a lottery customer purchasing a ticket directly from a sales agent; (6) provide player support to respond to player inquiries and disputes, as the commission prescribes. Sec. 466.508. ADVERTISING AND MARKETING. A lottery courier (1) display prominently on the lottery courier's Internet website or mobile Internet application a problem gambling (2) ensure the lottery courier's services are not advertised to individuals who have registered for the lottery courier's self-exclusion list; and (3) comply with the advertising guidelines of the North American Association of State and Provincial Lotteries. Sec. 466.509. RULES. The commission shall adopt rules to implement this subchapter, which must include rules prohibiting (B) not physically located in this state at the SECTION 6. Not later than February 1, 2026, the Texas Lottery Commission shall adopt the rules necessary to implement the changes in law made by this Act. SECTION 7. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the licensing and regulation of lottery couriers by the
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