0001 1 TRANSCRIPT OF PROCEEDINGS 2 BEFORE THE 3 TEXAS LOTTERY COMMISSION 4 AUSTIN, TEXAS 5 6 16 TEXAS ADMINISTRATIVE CODE § § 7 §401.312, PART D___________ _§ 8 9 PUBLIC COMMENT HEARING ON RULEMAKINGS 10 TUESDAY, FEBRUARY 5, 2008 11 12 BE IT REMEMBERED THAT on Tuesday, the 13 5th day of February 2008, the above-entitled public 14 comment hearing was held from 10:05 a.m. to 10:16 15 a.m., at the Offices of the Texas Lottery Commission, 16 611 East 6th Street, Austin, Texas 78701, before 17 SARAH WOELK, SPECIAL COUNSEL. The following 18 proceedings were reported via machine shorthand by 19 Aloma J. Kennedy, a Certified Shorthand Reporter of 20 the State of Texas, and the following proceedings were 21 had: 22 23 24 25 0002 1 APPEARANCES 2 3 SPECIAL COUNSEL: Ms. Sarah Woelk 4 5 PRODUCTS MANAGER: Mr. Robert Tirloni 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0003 1 P R O C E E D I N G S 2 TUESDAY, FEBRUARY 5, 2008 3 (10:05 a.m.) 4 MS. WOELK: Good morning. My name is 5 Sarah Woelk, Special Counsel for the Texas Lottery 6 Commission. With me today is Robert Tirloni, the 7 Products Manager in the Lottery Operations Division. 8 I'm calling to order this rulemaking 9 comment hearing, and it's on the proposed repeal of 10 the current Texas Two Step rule and the proposed new 11 Texas Two Step rule. The current rule is at and the 12 new rule would be at Section 401.312 in Subchapter D 13 of Title 16 of the Texas Administrative Code. 14 Today is February 5, 2008, and the time 15 is 10:05. The notice for this hearing stated that the 16 hearing would be held at 10:00 a.m. today here in this 17 Commission auditorium at the Texas Lottery 18 headquarters at 611 East Sixth Street in Austin. 19 The proposed repeal and the proposed 20 new rule were published in the February 1, 2008 21 edition of the Texas Register. The proposed 22 substantive changes would be to eliminate allocations 23 to the Texas Two Step prize reserve fund, to amend the 24 prize structure to account for the fact that no 25 allocations would be made to the prize reserve fund 0004 1 and to change the provision regarding rounding. And 2 specifically under the current rule, all prizes are 3 rounded down to the nearest dollar. Under the 4 proposal rule, prizes would be rounded to the nearest 5 dollar, with an amount of 50 cents being rounded up. 6 We've also proposed a whole new rule, 7 rather than amending the current rule, to make the 8 language in the rule simpler and easier to read and to 9 make the organization of the rule consistent with 10 other rules that we've adopted or revised in the last 11 couple of years. 12 There are witness affirmation forms and 13 copies of the proposals in the entry area. And anyone 14 who wishes to provide public comments needs to 15 complete a witness affirmation form. 16 Is there anyone here in the audience 17 who would like to make a comment? 18 Okay. I don't see any indication that 19 there is anyone here who intends to make comments. 20 But in case maybe someone is having a hard time 21 finding us or getting into the building, I'm going to 22 recess this hearing until 10:15, just to make sure 23 that we don't miss anybody. So I'm recessing right 24 now. 25 0005 1 (Off the record: 10:07 a.m. to 10:16 2 a.m.) 3 MS. WOELK: Good morning. I'm Sarah 4 Woelk. I'm calling this meeting back to order. I 5 recessed this meeting at 10:07, until 10:15, in case 6 someone was trying to get in here to provide comment. 7 I don't see anybody here who might be wanting to 8 provide comments. 9 For the record, the only people here 10 are Robert Tirloni, Aloma -- the court reporter -- and 11 Nancy Walden, down here from Internal Audit, who is 12 not here to make public comment, I assume. 13 Is that correct, Nancy? 14 MS. WALDEN: That's correct. 15 MS. WOELK: Okay. So I would like to 16 include in the record that there is still an 17 opportunity to provide comment in a written format by 18 mail, fax, e-mail, all as indicated in the February 1, 19 2008 edition of the Texas Register. The deadline for 20 providing comment is Sunday, March 2, 2008. That's 21 Texas Independence Day. 22 Okay. So because there is no one here 23 seeking to provide comment, I am adjourning this 24 hearing. It is now 10:16. 25 (Hearing adjourned: 10:16 a.m.) 0006 1 C E R T I F I C A T E 2 STATE OF TEXAS ) 3 COUNTY OF TRAVIS ) 4 I, Aloma J. Kennedy, a Certified 5 Shorthand Reporter in and for the State of Texas, do 6 hereby certify that the above-mentioned matter 7 occurred as hereinbefore set out. 8 I FURTHER CERTIFY THAT the proceedings 9 of such were reported by me or under my supervision, 10 later reduced to typewritten form under my supervision 11 and control and that the foregoing pages are a full, 12 true and correct transcription of the original notes. 13 IN WITNESS WHEREOF, I have hereunto set 14 my hand and seal this 19th day of February 2008. 15 16 ________________________________ 17 Aloma J. Kennedy Certified Shorthand Reporter 18 CSR No. 494 - Expires 12/31/08 19 Firm Certification No. 276 Kennedy Reporting Service, Inc. 20 Cambridge Tower 1801 Lavaca Street, Suite 115 21 Austin, Texas 78701 512.474.2233 22 23 24 25