TITLE 16. ECONOMIC REGULATION

PART 9. TEXAS LOTTERY COMMISSION

CHAPTER 401. ADMINISTRATION OF STATE LOTTERY ACT

The Texas Lottery Commission (Commission) adopts amendments to 16 TAC §401.152 (Application for License), §401.302 (Scratch Ticket Game Rules), §401.362 (Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Damaged or Rendered Unsaleable, for Winning Lottery Tickets Paid and for Lottery-Related Property), and §401.370 (Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Stolen or Lost) without changes to the proposed text as published in the September 1, 2023, issue of the Texas Register (48 TexReg 4744). The rules will not be republished.

The amendment to §401.152 defines the term "director" throughout the rules to mean the lottery operations director.

The amendment to §401.302 eliminates a redundant word related to the payment of scratch ticket prizes and makes the terms identical to those of draw games.

The amendments to §401.362 provide for an additional documentation option other than a Fire Marshal's report for reporting fire damaged or destroyed lottery tickets and eliminate the $25 administrative fee for a pack of unactivated tickets that is unsaleable due to damage or destruction.

The amendments to §401.370 eliminate the $25 administrative fee for each unactivated pack of stolen or lost tickets and update the requirement for reporting lost or stolen tickets to the Commission's enforcement division through the lottery operator hotline.

The Commission received no written comments on the proposed amendments during the public comment period.

SUBCHAPTER B. LICENSING OF SALES AGENTS

16 TAC §401.152

These amendments are adopted under Texas Government Code §466.015(c), which authorizes the Commission to adopt rules governing the operation of the lottery, and §467.102, which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 13, 2023.

TRD-202303823

Bob Biard

General Counsel

Texas Lottery Commission

Effective date: November 2, 2023

Proposal publication date: September 1, 2023

For further information, please call: (512) 344-5392


SUBCHAPTER D. LOTTERY GAME RULES

16 TAC §401.302

These amendments are adopted under Texas Government Code §466.015(c), which authorizes the Commission to adopt rules governing the operation of the lottery, and §467.102, which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission’s jurisdiction.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 13, 2023.

TRD-202303824

Bob Biard

General Counsel

Texas Lottery Commission

Effective date: November 2, 2023

Proposal publication date: September 1, 2023

For further information, please call: (512) 344-5392


SUBCHAPTER E. RETAILER RULES

16 TAC §401.362, §401.370

These amendments are adopted under Texas Government Code §466.015(c), which authorizes the Commission to adopt rules governing the operation of the lottery, and §467.102, which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission’s jurisdiction.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 13, 2023.

TRD-202303825

Bob Biard

General Counsel

Texas Lottery Commission

Effective date: November 2, 2023

Proposal publication date: September 1, 2023

For further information, please call: (512) 344-5392