Commission Meeting Agenda & Documents
Thursday, October 1, 2020
10:00 a.m.
Texas Lottery Commission
ZOOM (Password: 519458; Webinar ID: 989 2976 8368).
Due to Governor Abbott’s March 13, 2020 proclamation of a state of disaster affecting all counties in Texas because of the COVID-19 pandemic (renewed monthly thereafter) and pursuant to the Governor’s March 16, 2020 suspension of certain provisions of the Texas Open Meetings Act, the October 1, 2020 meeting of the Texas Lottery Commission will be conducted via Zoom webinar.
Members of the public will not be able to attend the open meeting in person. Instead, the public will have access and a means to participate in this meeting, by two-way audio, via the following link:https://txlottery.zoom.us/j/98929768368?pwd=eHB5T1BDUFoyWHVSSTYxUytGSTZiZz09 (Password: 519458; Webinar ID: 989 2976 8368).
If you would like to join by phone, call +1 346 248 7799. When prompted, enter the Webinar ID: 989 2976 8368 and press #; then enter the Passcode: 519458 and press #.
Members of the public may register to provide public comment by following the instructions below. When the Commission reaches the item noted for public comment, Chairman Rivera will recognize you by name and give you an opportunity to speak. All public comments are limited to three minutes.
If you wish to provide public comment at the meeting, notify Bob Biard, General Counsel, by email at bob.biard@lottery.state.tx.us or by phone at 512-344-5127 no later than 5:00 p.m. on Wednesday, September 30, 2020.
Please include the following information in the email/ phone message:
- Subject: Witness Affirmation Form
- Name:
- Street Address:
- Phone:
- Representing:
- Item and either For, Against or Neutral
An archived recording of the meeting will be available by the close of business on October 2nd on the Commission’s YouTube channel at https://www.youtube.com/user/TheTexasLottery.
I. The Texas Lottery Commission will call the meeting to order. Item I Documents (PDF File)
Roll Call for Commissioners.
II. Report by the Bingo Advisory Committee (BAC) Chairman; possible discussion and/or action on the BAC’s activities, including removal and appointment of committee members. Item II Documents (PDF File)
III. Report, possible discussion and/or action on agency major contracts, including the procurement for the contract for drawing studio and production services. Item III Documents (PDF File)
IV. Report, possible discussion and/or action on agency prime contracts, including amendment, renewal, extension or execution of the trademark license and promotional agreement with the Houston Texans and the contract for promotional products. Item IV Documents (PDF File)
V. Report, possible discussion and/or action on agency prime contracts, including the procurement for the contract for security management system and monitoring services. Item V Documents (PDF File)
VI. Report, possible discussion and/or action on the Annual Contract Status Report and Supplemental Information for all major and prime agency contracts. Item VI Documents (PDF File)
VII. Consideration of and possible discussion and/or action, including adoption, on amendments to 16 TAC §402.200 (General Restrictions on the Conduct of Bingo), §402.300 (Pull-Tab Bingo), §402.301 (Bingo Card/Paper), §402.400 (General Licensing Provisions), §402.401 (Temporary License), §402.404 (License Classes and Fees), §402.408 (Designation of Members), §402.420 (Qualifications and Requirements for Conductor’s License), §402.450 (Request for Waiver), §402.451 (Operating Capital), §402.502 (Charitable Use of Net Proceeds Recordkeeping), §402.511 (Required Inventory Records), §402.601 (Interest on Delinquent Tax), §402.602 (Waiver of Penalty, Settlement of Prize Fees, Rental Tax, Penalty and/or Interest), §402.700 (Denials; Suspensions; Revocations; Hearings), §402.702 (Disqualifying Convictions), and §402.703 (Audit Policy). 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. Report, possible discussion and/or action on the FY 2022-23 Legislative Appropriations Request. 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 the Fiscal Year 2020 Annual Internal Audit Report and the Charitable Bingo Operations Division Implementation of HB 914 Audit Report. 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 licensing, accounting and audit activities, reports, 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)
Lottery NSF License Revocation Cases (Default)
A. Docket No. 362-20-3672 – Express Mart #5
B. Docket No. 362-20-3815 – Icebox 4882
Lottery Agreed Orders
C. Case No. 2020-445 – Bob’s Meat and Grocery
D. Case No. 2020-447 – Alvin Food Mart #2
Other Lottery Cases
E. Docket Nos. 362-20-3500 and 362-20-3501 – Times Market #105 and #102
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 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 litigation regarding Fun 5’s Scratch Ticket Game #1592, including Tex. Supreme Court Docket No. 18-0159 (Steele, et al. v. GTECH Corp.) and Tex. Supreme Court Docket No. 17-1010 (Nettles v. GTECH Corp. and Texas Lottery Commission);
Legal advice regarding the Governor’s March 13, 2020 COVID-19 state of disaster declaration (as renewed thereafter) and related Texas Lottery Commission matters, Texas Government Code Chapters 466 (State Lottery Act) and 467 (Texas Lottery Commission), 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. 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.