Commission Meeting Agenda & Documents
Wednesday, October 3, 2018
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 agency major contracts, including 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 II Documents (PDF File)
III. Report, possible discussion and/or action on the Annual Contract Status Report and Supplemental Information for all major and prime agency contracts. Item III Documents (PDF File)
IV. Consideration of and possible discussion and/or action, including adoption, on amendments to 16 TAC §403.301 (Historically Underutilized Businesses). Item IV Documents (PDF File)
V. Consideration of and possible discussion and/or action, including adoption, on amendments to 16 TAC §§401.307 (“Pick 3” Draw Game Rule) and 401.316 (“Daily 4” Draw Game Rule). Item V Documents (PDF File) Updated 10/2/2018
VI. 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 VI Documents (PDF File)
VII. Report, possible discussion and/or action on transfers to the State. Item VII Documents (PDF File)
VIII. 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 reports: Drawing Equipment Maintenance Processes, Scratch Ticket Game Closing Processes, Social Responsibility Program, Mailroom Processes, and the FY 2018 Annual Internal Audit Report.. Item VIII Documents (PDF File)
IX. Report by the Bingo Advisory Committee Chairman; possible discussion and/or action on the Bingo Advisory Committee’s activities. Item IX Documents (PDF File)
X. 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 X Documents (PDF File)
XI. 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 XI Documents (PDF File)
XII. Consideration of the status and possible approval of orders in enforcement cases: Item XII Documents (PDF File)
Draft Agreed Orders are not provided prior to Commission approval.
Lottery NSF License Revocation Cases (Default)
A. Docket No. 362-18-2121 – Super Star #2
B. Docket No. 362-18-2122 – Z Grocery and Deli
C. Docket No. 362-18-3352 – Grapeland K.B. Xpress
D. Docket No. 362-18-3354 – Start Mart
E. Docket No. 362-18-3989 – Oak Hills Food Mart 2
F. Docket No. 362-18-4253 – Park Place #1
G. Docket No. 362-18-4442 – Tiny Stop
H. Docket No. 362-18-4443 – Fast Track
I. Docket No. 362-18-4534 – La Haciendita Groceries and Meat Market, Inc.
J. Docket No. 362-18-4535 – Texas Travel Plaza
Lottery Agreed Orders
K. Case No. 2018-553 – Bread and Butter Stop
L. Case No. 2018-635 – Creek Beverage
M. Case No. 2018-660 – Sunrise Super Stop
N. Case Nos. 2018-791 and 2018-792 – Petromart #113 and #114
Other Lottery Cases
O. Docket Nos. 362-18-2379 and 362-18-2380 – Jif-E Mart, Quick Stop Center
Bingo Agreed Orders
P. Docket Nos. 362-18-1180.B, 362-18-1181.B, 362-18-1182.B, 362-18-1183.B, 362-18-1184.B, and 362-18-1185.B – Concho Rainbow, Inc.; Jesus is Lord Church, Inc.; VFW Post 7108 Aux., St. Thomas More Catholic School, VFW Post 4815 Aux., and TG 102, Inc. (Southeast Bingo Unit)
XIII. Public comment. Item XIII Documents (PDF File)
XIV. Commission may meet in Executive Session: Item XIV Documents (PDF File)
A. To deliberate personnel matters, including the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Executive Director and/or Charitable Bingo Operations Director pursuant to §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, Tex. Supreme Court No. 18-0159 (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, Tex. Supreme Court No. 17-1010 (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.State of Texas v. C.D. (On Petition for Review from the Twelfth Court of Appeals)Prescott Lovern, Sr., Private Attorney General v. Texas Lottery 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.
XV. 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 XV Documents (PDF File)
XVI. Adjournment. Item XVI 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.