Commission Meeting Agenda & Documents
Thursday, October 13, 2016
10:00 a.m.
Texas Lottery Commission
611 E. 6th Street
Austin, Texas 78701
Auditorium
I. The Texas Lottery Commission will call the meeting to order.
Pledge of Allegiance to the U.S. and Texas flags.
Texas Pledge: “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. Item I Documents (PDF File)
II. Report, possible discussion and/or action on overview of the 2016 Survey of Employee Engagement, presented by Dr. Noel Landuyt, University of Texas Institute for Organizational Excellence. Item II Documents (PDF File)
III. Report, possible discussion and/or action on the Commission’s award submission to the World Lottery Association for Best Innovation in Responsible Gaming.Item III Documents (PDF File)
IV. Report, possible discussion and/or action on agency contracts, including the status of major, prime and operational contracts. Item IV Documents (PDF File)
V. Report, possible discussion and/or action on agency major contracts, including extension and amendment of the lottery operator contract, and whether discussion relating to the negotiation of the lottery operator contract in an open meeting would have a detrimental effect on the Commission's position in the negotiations. Item V Documents (PDF File)
VI. Report, possible discussion and/or action on agency prime contracts, including the procurements for the contract for security officer services and document management services. Item VI Documents (PDF File)
VII. Report, possible discussion and/or action on agency major contracts, including the procurement for the contract for internal audit services. Item VII Documents (PDF File)
VIII. Report, possible discussion and/or action on lottery sales and revenue, game performance, new game opportunities, advertising, promotional activities, market research, trends, and game contracts, agreements, and procedures. Item VIII Documents (PDF File)
IX. Report, possible discussion and/or action on transfers to the State. Item IX Documents (PDF File)
X. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §401.317 (“Powerball®” On-Line Game Rule). Item X Documents (PDF File)
XI. Report, possible discussion and/or action on external and internal audits and/or reviews relating to the Texas Lottery Commission, and/or on Internal Audit activities, including Internal Audit status report, approval of the Fiscal Year 2016 Annual Internal Audit Report, and approval of the Fiscal Year 2017 Internal Audit Plan. Item XI Documents (PDF File)
XII. Report by the Charitable Bingo Operations Director and possible discussion and/or action on the Charitable Bingo Operations Division’s activities, including update on Docket No. 362-15-5571.B (Habitable Spaces), licensing, accounting and audit activities, pull-tab review, bingo advisory committee, and special projects. Item XII Documents (PDF File)
XIII. Report by the Executive Director and possible discussion and/or action on the agency’s operational status, major contracts, agency procedures, awards, and FTE status. Item XIII Documents (PDF File)
XIV. Consideration of the status and possible approval of orders in enforcement cases: Item XIV Documents (PDF File)
Draft Agreed Orders are not provided prior to Commission approval.
Lottery NSF License Revocation Cases (Default Unless Otherwise Noted)
A. Docket No. 362-16-4064 – Sunny’s Beverage Zone
B. Docket No. 362-16-4065 – Oak Hills Center
C. Docket No. 362-16-4066 – Santa Fe Express Mart #2
D. Docket No. 362-16-4234 – Franco’s Corner
E. Docket No. 362-16-4900 – Bengal Mart
F. Docket No. 362-16-4902 – Brother’s $ Store
G. Docket No. 362-16-5091 – Moon Mart
H. Docket No. 362-16-5600 – AM Food Mart
I. Docket No. 362-16-5601 – Bellfort CITGO
J. Docket No. 362-16-5602 – Price Super Mart
Lottery Agreed Orders
K. Case No. 2016-179 – J & S Food Mart
L. Case No. 2016-658 – Family Grocery
M. Case No. 2016-829 – Cedar Park Quick Mart
N. Case No. 2016-848 – 7-Eleven #32812
Bingo Commercial Lessor Revocation
O. Docket No. 362-16-1513.B – Julam Investments, Inc.
XV. Public comment. Item XV Documents (PDF File)
XVI. Commission may meet in Executive Session: Item XVI Documents (PDF File)
A. To deliberate personnel matters, including the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Executive Director and/or the Charitable Bingo Operations Director pursuant to Section 551.074 of the Texas Government Code.
B. To deliberate the duties of the General Counsel and/or the Human Resources Director pursuant to §551.074 of the Texas Government Code.
C. To receive legal advice regarding pending or contemplated litigation or settlement offers, or other legal advice, pursuant to §§551.071(1) and (2) of the Texas Government Code, including but not limited to legal advice regarding the following items:
Pending and potential litigation regarding Fun 5’s Scratch Ticket Game #1592, including Travis Co. District Court Cause No. D-1-GN-14-005114, Third District Court of Appeals Cause No. 03-16-00172-CV (Steele, et al. v. GTECH Corp.); Dallas Co. District Court Cause No. DC-14-14838, Fifth District Court of Appeals Cause No. 05-15-01559-CV (Nettles v. GTECH Corp. and Texas Lottery Commission); and El Paso County Court Cause No. 2014-DCV-4113 (McDonald v. GTECH Corp.).
State of Texas v. Equal Employment Opportunity Commission et al.
Legal advice regarding Texas Government Code Chapters 466 (State Lottery Act) and 467, the Bingo Enabling Act, the Open Meetings Act, the Public Information Act, the Administrative Procedure Act, employment and personnel law, procurement and contract law, evidentiary and procedural law, ethics laws, and general government law.
Legal advice regarding any item on this open meeting agenda.
XVII. Return to open session for further deliberation and possible action on any matter posted for discussion in Executive Session. Any matter posted for Executive Session also may be the subject of discussion and/or action in open session prior to Executive Session. Item XVII Documents (PDF File)
XVIII. Adjournment. Item XVIII Documents (PDF File)
Notice of Assistance at Public Meetings. Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, should contact Debbie Jamieson at (512) 344-5038 at least four (4) work days prior to the meeting so that appropriate arrangements can be made.