Commission Meeting Agenda & Documents

Printable Version

Thursday, October 5, 2017

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.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 Hurricane/Tropical Storm Harvey’s impact on agency activities. Item II Documents (PDF File)

III. Report, possible discussion and/or action, including amendment, on agency major and prime contracts, including the contracts for Drawing Studio and Production Services, Security Officer Services, Lottery Drawings CPA Services, and Security Management System and Monitoring Services. Item III Documents (PDF File)

IV. Report, possible discussion and/or action on the Annual Contract Status Report and Supplemental Status Report for all major and prime agency contracts. Item IV Documents (PDF File)

V. Report, possible discussion and/or action on agency major contracts, including amendment, renewal or extension of the contracts for instant ticket manufacturing and services. Item V Documents (PDF File)

VI. Report, possible discussion and/or action on agency major contracts, including amendment, renewal or extension of the Dallas Cowboys trademark license and promotional agreements with Pro Silver Star, LTD and Frisco Management, LP. Item VI Documents (PDF File)

VII. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §§402.400 (General Licensing Provisions), 402.401 (Temporary License), 402.402 (Registry of Bingo Workers), 402.404 (License and Registry Fees), 402.405 (Temporary Authorization), 402.407 (Unit Manager), 402.410 (Amendment of a License – General Provisions), 402.411 (License Renewal), 402.413 (Military Service Members, Military Veterans, and Military Spouses), 402.420 (Qualifications and Requirements for Conductor’s License), 402.422 (Amendment to a Regular License to Conduct Charitable Bingo), 402.424 (Amendment of a License by Electronic Mail, Telephone or Facsimile), and 402.603 (Bond or Other Security). Item VII Documents (PDF File)

VIII. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §§401.158 (Suspension or Revocation of License), 401.160 (Standard Penalty Chart), 401.301 (General Definitions), 401.302 (Instant Game Rules), 401.304 (On-Line Game Rules (General)), 401.307 (“Pick 3” On-Line Game Rule), 401.308 (“Cash Five” On-Line Game), 401.312 (“Texas Two Step” On-Line Game), 401.316 (“Daily 4” On-Line Game Rule), 401.320 (“All or Nothing” On-Line Game Rule), 401.322 (“Texas Triple Chance” Lottery Game), 401.353 (Retailer Settlements, Financial Obligations, and Commissions), 401.361 (Required Purchases of Lottery Tickets), 401.364 (Training), and 401.370 (Retailer’s Financial Responsibility for Lottery Tickets Received and Subsequently Stolen or Lost). Item VIII Documents (PDF File)

IX. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §401.317 (“Powerball®” On-Line Game Rule). Item IX Documents (PDF File)

X. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §401.305 (“Lotto Texas” On-Line Game Rule). Item X Documents (PDF File)

XI. Consideration of and possible discussion and/or action, including adoption, on new 16 TAC §401.324 (Prize Winner Election To Remain Anonymous). Item XI Documents (PDF File)

XII. Consideration of and possible discussion and/or action, including adoption, on amendments to 16 TAC §401.153 (Qualifications for License). Item XII Documents (PDF File)

XIII. Consideration of and possible discussion and/or action, including adoption, on the repeal of 16 TAC §401.323 (“Monopoly Millionaires’ Club™” Game Rule). Item XIII Documents (PDF File)

XIV. Consideration of and possible discussion and/or action, including adoption, on new 16 TAC §401.207 (Written Answer; Default Proceedings). Item XIV Documents (PDF File)

XV. 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 XV Documents (PDF File)

XVI. Report, possible discussion and/or action on transfers to the State. Item XVI Documents (PDF File)

XVII. 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 approval of the following: Internal Audit Reports for Employee Time and Attendance, Second-Chance Drawing Processes, Active Directory, Jackpot Estimation System, Scratch Ticket Working Paper Workflow System, and Continuity of Operations Plan; Annual Internal Audit Report; and Fiscal Year 2018 Annual Internal Audit Plan. Item XVII Documents (PDF File)

XVIII. Report, possible discussion and/or action on the Charitable Bingo Operations Division quarterly financial data, including charitable distributions. Item XVIII Documents (PDF File)

XIX. Report by the Charitable Bingo Operations Director and possible discussion and/or action on the Charitable Bingo Operations Division’s activities, including licensing, accounting and audit activities, pull-tab review, and special projects. Item XIX Documents (PDF File)

XX. 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 XX Documents (PDF File)

XXI. Consideration of the status and possible approval of orders in enforcement cases: Item XXI Documents (PDF File)

Draft Agreed Orders are not provided prior to Commission approval

Lottery NSF License Revocation Cases (Default)  

A. Docket No. 362-17-4662 – Lufkin Truck Stop 

B. Docket No. 362-17-4663 – Super Stop

C. Docket No. 362-17-4922 – J and T Grocery 

D. Docket No. 362-17-4923 – Fast N Easy Tidwell

E. Docket No. 362-17-5121 – Jeffrey’s Food Mart

F. Docket No. 362-17-5122 – Pret Manger

G. Docket No. 362-17-5123 – MAF Petroleum LLC

H. Docket No. 362-17-5693 – Stop N Get of Irving

I. Docket No. 362-17-5694 – Times Market

Lottery Agreed Orders

J. Case No. 2016-1334 – Valero Corner Store #1301 and Big Diamond LLC

K. Case No. 2017-1146 – M & A

L. Case No. 2017-1214 – Timewise Food Store #4001Lottery Revocation

M. Docket No. 362-17-3249 – Mariposa Groceries

Bingo Agreed Orders (Cases N through R are related and involve the same bingo accounting unit)

N. Case No. 2016-1233 – Heart Of The Rock Civitan Club, Inc.

O. Case No. 2016-1235 – The Human Potential Center

P. Case No. 2016-1236 – Knights of Columbus 5967

Q. Case No. 2016-1237 – Holy Cross Catholic Church

R. Case No. 2016-1238 – Manor Volunteer Fire Department

S. Case No. 2017-437 – Berry Bingo

T. Docket No. 362-17-4521.B – Carpenter Land and Investment Company, Inc.

U. Docket No. 362-17-4522.B – Fort Worth Bingo, Inc.

Bingo License Revocation and/or Denial Cases (Default)

V. Docket No. 362-17-4109.B – Richard Gonzales (Bingo Worker)

W. Docket No. 362-17-4987.B – Elks IBPOE Temple 1401 Emma McGhee 

X. Docket No. 362-17-4988.B – Elks IBPOE Lodge 1217 Felix Lister

XXII. Public comment. Item XXII Documents (PDF File)

XXIII. Commission may meet in Executive Session: Item XXIII 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.); and 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).Julam Investments, Inc. v. Texas Lottery Commission (Travis Co. District Court Cause No. D-1-GN-16-006124)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.   

XXIV. 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 XXIV Documents (PDF File)

XXV. Adjournment. Item XXV 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.

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