16 TAC §401.312
The Texas Lottery Commission proposes amendments to 16 TAC §401.312
relating to the "Texas Two Step" on-line game. The proposed amendments provide
flexibility to change the drawing schedule, including the draw days, without
undergoing a rule change. The proposed amendments require the executive director
to provide advance notice to the public prior to changing drawing schedule.
Lee Deviney, Financial Administration Director, has determined for each
year of the first five years the section is in effect the fiscal impact to
the state cannot be determined but the rule would be expected to have positive
fiscal implications for the state as a result of administration of the rule.
The fiscal impact for local government, small businesses, micro businesses
or local or state employment as a result of enforcing or administering the
rule cannot be determined, however there could be a positive fiscal impact
to those entities as a result of administration of the rule.
Robert Tirloni, On-line Products Manager, Marketing Division, has determined
that each of the first five years the section as proposed is in effect, the
public benefit anticipated as a result of the proposed amendments is to be
able to change the draw days more quickly than the commission could if an
amendment to the rule for such change were required. As a result, if the executive
director believed that changing draw days would benefit sales, the impact
to sales could occur in less time than if a rule change had to occur prior
to changing the draw days.
Written comments on the proposed amendment may be submitted to Kimberly
L. Kiplin, General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin,
Texas 78761-6630. Comments, to be considered, must be received within 30 days
after the proposed amendments are published in the
Texas Register
for public comment.
The amendments are proposed under Government Code, Section 466.015
which authorizes the Commission to adopt all rules necessary to administer
the State Lottery Act and to adopt rules governing the establishment and operation
of the lottery, and under Government Code, Section 467.102 which authorizes
the Commission to adopt rules for the enforcement and administration of the
laws under the Commission’s jurisdiction.
The amendments implement Government Code, Chapter 466.
§401.312."Texas Two Step" On-line Game.
(a) - (f)
(No change.)
(g)
Drawings.
(1)
The Texas Two Step drawings shall be held twice each week
[
on Tuesday and Friday evenings at 9:59 p.m. Central Time except that
]
. The
[
the
] drawing schedule may be changed by
the executive director, if necessary.
Prior to a change in the drawing
schedule, the executive director shall provide notice to the public of the
change in the drawing schedule.
(2)
Texas Two Step tickets will not be sold during the draw
break for the Texas Two Step game [
on Tuesday and Friday evenings
].
(3) - (6)
(No change.)
(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 2, 2004.
TRD-200400632
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: March 14, 2004
For further information, please call: (512) 344-5113