16 TAC §402.558
(Editor's note: In order to correct typographical errors, the Texas
Lottery Commission re-adopts a new rule, 16 TAC §402.558, which originally
appeared in the December 6, 2002, issue of the Texas Register. The commission
states that "extraneous redundant language exists" in §402.558(b)(2);
however, this redundant language did not appear in the notice of adoption
in the December 6, 2002, Texas Register because it was corrected before publication.
Section 402.558 will not be republished.)
On February 28, 2003 came on to be heard the motion
of the Texas Lottery Commission staff for Order Nunc Pro Tunc. During an open
meeting, after due consideration and examination of the original Order of
the Commission signed on November 22, 2002 that adopted 16 TAC §402.558,
the Commission finds that the Order signed on November 22, 2002 and adoption
of 16 TAC §402.558 reflects clerical errors that are non-substantive
and were not contained in the proposed rule. Specifically, in subsection (b)(2),
extraneous redundant language exists. The language is: "The color positive
or sample bingo card/paper must (2) A letter of introduction including the
style of play must be presented to Commission headquarters for review. The
manufacturer must submit one complete color positive or sample for each type
of bingo card/paper." Additionally, subsection (d)(4)(C)(ii), an extraneous
word, "Source.", appears at the end of the text. This word was an editor's
note, not part of the rule language, and should not be part of the text of
the rule. Lastly, subsection (h)(6), the word "results" should be "result"
for the rule language to be grammatically correct.
The Motion for an Order Nunc Pro Tunc was granted by the Commission and
the Order signed on November 22, 2002 was corrected by the Order Nunc Pro
Tunc Adoption of 16 TAC §402.558.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 10, 2003.
TRD-200302358
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: April 30, 2003
Proposal publication date: September 27, 2002
For further information, please call: (512) 344-5113