TITLE 16.ECONOMIC REGULATION

Part 9. TEXAS LOTTERY COMMISSION

Chapter 403. GENERAL ADMINISTRATION

16 TAC §403.402

The Texas Lottery Commission (Commission) adopts new §403.402, relating to the exemption from vehicle inscription requirements for certain Commission vehicles, without changes to the proposed text published in the October 5, 2001, issue of the Texas Register (26 TexReg 7725).

The new rule exempts vehicles under the care and custody of the Commission which are used exclusively for surveillance purposes in the detection and investigation of criminal or administrative violations from bearing the inscription required by §721.002, Transportation Code. The purpose of this exemption is to increase the effectiveness of Commission investigators in detecting and investigating criminal or administrative violations, thereby allowing investigative personnel to accomplish their tasks undetected and to provide a greater degree of safety for the investigators, the state property being used in the investigation, and a greater degree of case integrity.

The Texas Lottery Commission received no comments on this rule.

The new section is adopted under §467.102, Government Code, which provides the Texas Lottery Commission with the authority to adopt rules for the enforcement and administration of the State Lottery Act and the laws under the Commission's jurisdiction and §721.003, Transportation Code, which provides the Commission with the authority to exempt motor vehicles used exclusively for surveillance purposes from the vehicle inscription requirements set forth in §721.002, Transportation Code.

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 January 9, 2002.

TRD-200200120

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Effective date: January 29, 2002

Proposal publication date: October 5, 2001

For further information, please call: (512) 344-5113