Part 9. TEXAS LOTTERY COMMISSION
Chapter 401. ADMINISTRATION OF STATE LOTTERY ACT
Subchapter D. LOTTERY GAME RULES
The Texas Lottery Commission (Commission) proposes amendments to 16 TAC §401.302 (relating to Instant Game Rules). The purpose of the proposed amendments is to clarify agency practices and procedures relating to the commission's procedures to be established and followed when closing an instant game.
Subsection (j) has been amended by deleting reference to game "termination" and replacing it with the term, game "closing", and by deleting, "and prize claim period."
Subsection (j)(1) adds the following language, ". . . in accordance with an instant game closing procedure that defines the criteria used to monitor Instant Ticket sales performance and that identifies when instant games should be closed."
New subsections (j)(1)(A) and (B) set forth the requisites of the instant game closing procedure.
New subsection (j)(2) states that no tickets in an instant game may be sold after the instant game closing date.
Existing subsections (j)(2) and (j)(3) have been deleted in this proposal.
Finally, existing subsection (k) has been deleted in this proposal, and existing subsection (l) is renumbered as (k).
Kathy Pyka, Controller, has determined that for the first five-year period there will be no foreseeable implications relating to costs or revenues for state or local government as a result of enforcing these amendments. Any costs to the State could be absorbed by current resources. There will be no effect on large businesses, small businesses or micro-businesses. There will be no additional economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated impact on local employment.
Robert Tirloni, Products Manager, has determined that for each of the first five years the proposed amendments are in effect, the public benefit anticipated is clarification of agency practices and procedures relating to the commission's procedures to be established and followed when closing an instant game.
Comments on the proposed amendments may be submitted to Deanne Rienstra, Assistant General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. Comments may also be submitted online at www.txlottery.org. The Commission will hold a public hearing on this proposal at 10:00 a.m. on April 20, 2007, at 611 E. 6th Street, Austin, Texas. Comments must be received within 30 days after publication of the proposed amendments in the Texas Register in order to be considered.
The amendments are proposed under Texas Government Code, §466.015, which provides the Texas Lottery Commission with the authority to adopt rules governing the operation of the lottery. The section is also proposed under Texas Government Code, §467.102, which provides the Commission with the authority to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction.
Texas Government Code, Chapter 466, is affected by this proposal.
§401.302.Instant Game Rules.
(a) - (i) (No change.)
(j) Game
closing.
[
termination and prize claim
period.
]
(1) The executive director or his/her designee
shall determine
[
, at any time,
]
the closing
[
may announce
the termination
] date for an individual
instant
game
in accordance with an instant game closing procedure that defines the criteria
used to monitor Instant Ticket sales performance and that identifies when
instant games should be closed.
[
If this occurs, no tickets shall
be sold past the termination date.
]
(A) The procedure shall provide for the timely closing of an instant game after all top level prizes in the game have been claimed or on an earlier date as determined by the executive director.
(B) The procedure shall provide for ending ticket sales in an instant game no later than the 46th day after game closing procedures have been initiated.
(2) No tickets in an instant game may be sold after the instant game closing date.
[
(2)
Instant game prizes shall be claimed no
later than 180 days after the "end-of-game" date as determined by the commission
of the individual game.
]
[
(3)
Any prize directly payable by the commission
and not claimed within the period and manner provided in this section shall
be used as provided by the State Lottery Act.
]
[
(k)
Game report. Following the last day on
which prizes may be claimed after termination of a game, the executive director
or his/her designee shall prepare a report that shows, at a minimum, the total
number of tickets sold and the number of prizes awarded in the game. The report
shall be made available for public inspection.
]
(k)
[
(l)
] Governing law. In purchasing
an instant game ticket, the lottery player agrees to comply with and abide
by Texas law, all rules, procedures, and final decisions of the commission,
and all procedures and instructions established by the executive director
for the conduct of the instant game.
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 March 26, 2007.
TRD-200701165
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 344-5113
The Texas Lottery Commission (Commission) proposes for public comment new Title 16, Part 9, Chapter 401, §401.307 (relating to "Pick 3" On-Line Game Rule). The Commission published the proposed repeal of existing Title 16, Part 9, Chapter 401, §401.307 relating to "Pick 3" On-Line Game Rule and a proposed new Pick 3 game rule in the December 29, 2006, issue of the Texas Register (31 TexReg 10488). At a public meeting on February 21, 2007, the Commission voted to withdraw that proposed rule. The Commission is now proposing another new Pick 3 on-line game rule. The Commission is proposing a new rule, rather than proposing amendments to the existing rule, in order to clarify language and eliminate unnecessary language throughout the rule.
Kathy Pyka, Controller, has determined that if the Sum It Up feature of the game is launched on November 11, 2007, the fiscal impact for each year of the first five years the rule amendment will be in effect is additional estimated cost to state government in the following amounts: FY 07, $0.00M; FY 08, $6.21M; FY 09, $7.69M; FY 10, $7.69M; FY 11, $7.69M; and FY 12, $7.69M; and estimated increased net revenue in the following amounts: FY 07, $0.00M; FY 08, $3.81M; FY 09, $4.71M; FY 10, $4.71M; FY 11, $4.71M; and FY 12, $4.71M. Ms. Pyka has determined that if the Sum It Up feature of the game is launched on January 27, 2008, the fiscal impact for each of the first five years the rule amendment will be in effect is additional estimated cost to state government in the following amounts: FY 07, $0.00M; FY 08, $4.58M; FY 09, $7.69M; FY 10, $7.69M; FY 11, $7.69M; and FY 12, $7.69M; and estimated increased net revenue in the following amounts: FY 07, $0.00M; FY 08, $2.81M; FY 09, $4.71M; FY 10, $4.71M; FY 11, $4.71M; FY 12, $4.71M. (The first five-year period for which the rule is in effect ends during fiscal year 2012; this fiscal note sets out the fiscal impact for a period that includes all of fiscal year 2012.) Regardless of launch date, there will be no effect on large businesses, small businesses or micro-businesses. There will be no additional economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated impact on local employment.
Robert Tirloni, Products Manager, has determined that for the first five-year period the proposed new Pick 3 on-line game rule will be in effect, the public benefit anticipated is additional revenue to the state and an opportunity for a wider variety of lottery games and features for players.
Comments on the proposed new rule may be submitted to Sarah Woelk, Special Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. Comments may also be submitted online at www.txlottery.org. The Commission will hold a public hearing on this proposal at 10:00 a.m. on April 20, 2007, at 611 E. 6th Street, Austin, Texas 78701. Comments must be received within 30 days after publication of this proposed new rule in order to be considered.
The new rule is proposed under Texas Government Code, §466.015, which gives the Commission the authority to adopt rules governing the operation of the lottery, including the type of lottery games to be conducted. The section is also proposed under Texas Government Code, §467.102, which gives the Commission the authority to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction.
Texas Government Code, Chapter 466, is affected by this proposal.
§401.307."Pick 3" On-Line Game Rule.
(a) Pick 3. The executive director is authorized to conduct a game known as "Pick 3." The executive director may issue further directives and procedures for the conduct of Pick 3 that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to On-Line Game Rules (General)).
(b) Definitions. When used in this rule, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
(1) Play--A play other than a Sum It Up play consists of:
(A) the selection of a play type;
(B) the selection of a Pick 3 base play amount of $.50, $1, $2, $3, $4 or $5;
(C) the selection of a draw date and time;
(D) the selection of numbers in accordance with subsection (c) of this section; and
(E) the purchase of a ticket evidencing those selections.
(2) Sum It Up Play--A Sum It Up play consists of:
(A) the selection of the Sum It Up play type in connection with an exact order play, an any order play, an exact order/any order play, or a combo play;
(B) the selection of a Sum It Up base play amount of $.50, $1, $2, $3, $4 or $5; and
(C) the purchase of a ticket evidencing those selections.
(3) Playboard--A panel on a playslip containing three fields of numbers for use in selecting numbers for a Pick 3 play, with each field of numbers containing the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8 and 9.
(4) Playslip--An optically readable card issued by the commission for use in making selections for one or more Pick 3 plays.
(c) Play types
(1) Pick 3 may include the following play types: exact order, any order, exact/any order, combo, and Sum It Up.
(A) An "exact order" play is a winning play if the player's three single-digit numbers match in exact order the three single-digit numbers drawn in the applicable drawing.
(B) An "any order" play is a winning play if the player's three single-digit numbers match in any order the three single-digit numbers drawn in the applicable drawing.
(i) An any order play is a 3-way play when any order play is selected as the play type in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. A 3-way any order play involves three possible winning combinations.
(ii) An any order play is a 6-way play when any order play is selected as the play type in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. A 6-way any order play involves six possible winning combinations.
(iii) Any order play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.
(C) An "exact order/any order" play is a winning play either if the player's three single-digit numbers match in exact order the numbers drawn in the applicable drawing or if the player's three single-digit numbers match in any order the numbers drawn in the applicable drawing.
(i) An exact order/any order play is a 3-way play when exact order/any order play is selected as the play type in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. An exact order/3-way any order play involves three possible winning combinations.
(ii) An exact order/any order play is a 6-way play when exact order/any order play is selected as the play type in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. An exact order/6-way any order play involves six possible winning combinations.
(iii) An exact order/any order play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.
(D) A "combo" play combines all of the possible straight (exact) plays that can be played with the three single-digit numbers selected for the play.
(i) A combo play may be a 3-way combo play or a 6-way combo play.
(ii) 3-way combo play is combo play in connection with a set of three single-digit numbers that includes two occurrences of one single-digit number and one occurrence of one other single-digit number. A 3-way combo play involves three possible winning combinations.
(iii) 6-way combo play is combo play in connection with a set of three single-digit numbers that includes a single occurrence of three different single-digit numbers. A 6-way combo play involves six possible winning combinations.
(iv) Combo play is not permitted in connection with a set of numbers that includes three occurrences of one single-digit number.
(E) A Sum It Up play is a winning play if the sum of the player's three single-digit numbers is the same as the sum of the three single-digit numbers drawn in the applicable drawing. A Sum It Up play must occur in connection with a play of some other play type.
(2) The executive director shall determine a start date for Sum It Up play. The start date shall be no later than August 31, 2008. Otherwise, the executive director may allow or disallow any type of play described in this subsection. Currently available play types must be posted on the commission's web site.
(d) Plays and tickets
(1) A ticket may be sold only by an on-line retailer and only at the location listed on the retailer's license. A ticket sold by a person other than an on-line retailer is not valid.
(2) A Pick 3 play involves the selection of three single-digit numbers, with each selected from the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9.
(3) The cost of an exact order play is the same as the Pick 3 base play amount selected for the play.
(4) The cost of an any order play is the same as the Pick 3 base play amount selected for the play.
(5) The cost of an exact order/any order play is:
(A) $1 if the Pick 3 base play amount selected for the play is $.50;
(B) $2 if the Pick 3 base play amount selected for the play is $1;
(C) $4 if the Pick 3 base play amount selected for the play is $2;
(D) $6 if the Pick 3 base play amount selected for the play is $3;
(E) $8 if the Pick 3 base play amount selected for the play is $4; or
(F) $10 if the Pick 3 base play amount selected for the play is $5.
(6) The cost of a combo play is determined by multiplying the Pick 3 base play amount selected for the play by the number of winning combinations possible with the three single-digit numbers selected for the play.
(7) The cost of a Sum It Up play is the same as the Sum It Up base pay amount selected for the Sum It Up play. The cost of a Sum It Up play is in addition to the cost of the connected Pick 3 play.
(8) The cost of a ticket is determined by the total cost of the plays evidenced by the ticket.
(9) A player may complete up to five playboards on a single playslip.
(10) A person may select numbers for a play by:
(A) using a self-service terminal;
(B) using a playslip;
(C) requesting a retailer to use Quick Pick; or
(D) requesting a retailer to manually enter numbers into an on-line terminal.
(11) A player may select the play type, base play amount, and drawn date and time for a play by:
(A) using a self-service terminal;
(B) using a playslip; or
(C) requesting a retailer to manually enter the selections.
(12) Playslips must be completed manually. A ticket generated from a playslip that was not completed manually is not valid.
(13) An on-line retailer may accept a request to manually enter selections or to make quick-pick selections only if the request is made in person.
(14) A player may purchase one or more plays for any one or more of the next 12 drawings after the purchase.
(15) An on-line retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers, play type and base play amount selected for each play; the number of plays, the draw date(s) for which the plays were purchased; and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock.
(16) A playslip has no monetary value and is not evidence of a play.
(17) The purchaser is responsible for verifying the accuracy of the numbers and other selections shown on a ticket.
(18) The commission shall establish a time period before each drawing during which tickets may not be sold.
(19) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.
(e) Cancellation of plays
(1) An on-line retailer may cancel a Pick 3 play only in accordance with the following provisions:
(A) The ticket evidencing the play must have been sold at the retail location at which it is cancelled;
(B) The on-line retailer must have possession of the ticket evidencing the play;
(C) All Pick 3 plays evidenced by a single ticket must be cancelled;
(D) Cancellation may occur no later than 60 minutes after sale of the ticket evidencing the play;
(E) Cancellation must occur before the beginning of the next draw break after the sale of the ticket evidencing the play; and
(F) Cancellation must occur before midnight on the day the ticket evidencing the play was sold.
(2) An on-line retailer must retain the ticket and the cancellation receipt for the play(s) evidenced by that ticket for at least 30 days after the cancellation.
(f) Drawings
(1) Pick 3 drawings shall be held twice a day, Monday through Saturday, at 12:27 p.m. and 10:12 p.m., central time. The executive director may change the drawing schedule, if necessary.
(2) At each Pick 3 drawing, three single-digit numbers shall be drawn. Each single-digit number will be drawn from a set that includes a single occurrence of all ten single-digit numbers (0, 1, 2, 3, 4, 5, 6, 7, 8, and 9).
(3) Numbers drawn and the order in which the numbers are drawn must be certified by the commission in accordance with the commission's drawing procedures.
(4) The numbers selected in a drawing and the order of the numbers selected in the drawing shall be used to determine all winners for that drawing.
(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a commission drawings representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.
(g) Prizes
(1) Prize payments shall be made upon completion of commission validation procedures.
(2) A person may win only one prize per play per drawing. A player who holds a valid ticket for a winning play is entitled to the highest prize for that play.
(3) A Sum It Up play is a separate play from the exact order play, any order play, exact order/any order play, or combo play with which it is connected.
(4) The executive director may temporarily increase any prize set out in this paragraph for promotional or marketing purposes.
(5) A person who holds a valid ticket for a winning exact order play is entitled to a prize as shown.
(6) A person who holds a valid ticket for a winning 3-way any order play is entitled to a prize as shown.
(7) A person who holds a valid ticket for a winning 6-way any order play is entitled to a prize as shown.
(8) A person who holds a valid ticket for a winning exact order/3-way any order play is entitled to a prize as shown.
(9) A person who holds a valid ticket for a winning exact order/6-way any order play is entitled to a prize as shown.
(10) A person who holds a valid ticket for a winning combo play is entitled to a prize as shown.
Figure: 16 TAC §401.307(g)(10)
(11) A person who holds a valid ticket for a winning Sum It Up play is entitled to a prize as shown. A Sum It Up prize is in addition to a prize, if any, for the exact order play, any order play, exact order/any order play, or combo play to which the Sum It Up play is connected.
Figure: 16 TAC §401.307(g)(11)
(h) The executive director may authorize promotions in connection with Pick 3. Current promotions must be posted on the commission's web site.
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 March 26, 2007.
TRD-200701166
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 344-5113
The Texas Lottery Commission (Commission) proposes for public comment new Title 16, Part 9, Chapter 401, §401.316 (relating to "Daily 4" On-Line Game Rule). The new rule will authorize a new on-line lottery game to be played in Texas. The Commission published a proposed new Daily 4 on-line game rule in the December 29, 2006, issue of the Texas Register (31 TexReg 10492). At a public meeting on February 21, 2007, the Commission voted to withdraw the proposed rule. The Commission is again proposing another new Daily 4 on-line game rule.
Kathy Pyka, Controller, has determined that if the game is launched on September 30, 2007, the fiscal impact for each year of the first five years the rule amendment will be in effect is additional estimated cost to state government in the following amounts: FY 07, $0.00M; FY 08, $35.07M; FY 09, $37.99M; FY 10, $37.99M; FY 11, $37.99M; and FY 12, $37.99M; and estimated increased net revenue in the following amounts: FY 07, $0.00M; FY 08, $6.14M; FY 09, $6.65M; FY 10, $6.65M; FY 11, $6.65M; and FY 12, $6.65M. Ms. Pyka has determined that if the game is launched on December 16, 2007, the fiscal impact for the first five years the rule amendment will be in effect is additional estimated cost to state government in the following amounts: FY 07, $0.00M; FY 08, $27.03M; FY 09, $37.99M; FY 10, $37.99M; FY 11, $37.99M; and FY 12, $37.99M; and estimated increased net revenue in the following amounts: FY 07, $0.00M; FY 08, $4.73M; FY 09, $6.65M; FY 10, $6.65M; FY 11, $6.65M; FY 12, $6.65M. (The first five-year period for which the rule is in effect ends during fiscal year 2012; this fiscal note sets out the fiscal impact for a period that includes all of fiscal year 2012.) Regardless of launch date, there will be no effect on large businesses, small businesses or micro-businesses. There will be no additional economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated impact on local employment.
Robert Tirloni, Products Manager, has determined that for the first five-year period the proposed new Daily 4 on-line game rule will be in effect, the public benefit anticipated is additional revenue to the state and an opportunity for a wider variety of lottery games and features for players.
Comments on the proposed new rule may be submitted to Sarah Woelk, Special Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630. Comments may also be submitted online at www.txlottery.org. The Commission will hold a public hearing on this proposal at 10:00 a.m. on April 20, 2007, at 611 E. 6th Street, Austin, Texas 78701. Comments must be received within 30 days after publication of this proposed new rule in order to be considered.
The new rule is proposed under Texas Government Code, §466.015, which gives the Commission authority to adopt rules governing the operation of the lottery, including the type of lottery games to be conducted. The section is also proposed under Texas Government Code, §467.102, which gives the Commission authority to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction.
Texas Government Code, Chapter 466, is affected by this proposal.
§401.316."Daily 4" On-Line Game Rule.
(a) Daily 4. The executive director is authorized to conduct a game known as "Daily 4." The executive director may issue further directives and procedures for the conduct of Daily 4 that are consistent with this rule. In the case of conflict, this rule takes precedence over §401.304 of this title (relating to On-Line Game Rules (General)).
(b) Definitions. When used in this rule, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.
(1) Play--A play other than a Sum It Up play consists of:
(A) the selection of a play type;
(B) the selection of a Daily 4 base play amount of $.50, $1, $2, $3, $4 or $5;
(C) the selection of a draw date and time;
(D) the selection of numbers in accordance with subsection (d) of this section; and
(E) the purchase of a ticket evidencing those selections.
(2) Sum It Up Play--A Sum It Up play consists of:
(A) the selection of the Sum It Up play type in connection with a straight play, a box play, a straight/box play, a combo play, a front-pair play, a mid-pair play, or a back-pair play;
(B) the selection of a Sum It Up base play amount of $.50, $1, $2, $3, $4 or $5; and
(C) the purchase of a ticket evidencing those selections.
(3) Playboard--A panel on a playslip containing four fields of numbers for use in selecting numbers for a Daily 4 play, with each field of numbers containing the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8 and 9.
(4) Playslip--An optically readable card issued by the commission for use in making selections for one or more Daily 4 plays.
(c) Play types
(1) Daily 4 may include the following play types: straight, box, straight/box, combo, front-pair, mid-pair, back-pair, and Sum It Up.
(A) A "straight" play is a winning play if the player's four single-digit numbers match in exact order the four single-digit numbers drawn in the applicable drawing.
(B) A "box" play is a winning play if the player's four single-digit numbers match in any order the four single-digit numbers drawn in the applicable drawing.
(i) A box play may be a 4-way box play, a 6-way box play, a 12-way box play, or a 24-way box play.
(I) A box play is a 4-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes three occurrences of one single-digit number and one occurrence of one other single-digit number. A 4-way box play involves four possible winning combinations.
(II) A box play is a 6-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and two occurrences of another single-digit number. A 6-way box play involves six possible winning combinations.
(III) A box play is a 12-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and one occurrence of two other single-digit numbers. A 12-way box play involves 12 possible winning combinations.
(IV) A box play is a 24-way box play when box play is selected as the play type in connection with a set of four single-digit numbers that includes a single occurrence of four different single-digit numbers. A 24-way box play involves 24 possible winning combinations.
(ii) Box play is not permitted in connection with a set of numbers that includes four occurrences of one single-digit number.
(C) A "straight/box" play is a winning play either if the player's four single-digit numbers match in exact order the numbers drawn in the applicable drawing or if the player's four single-digit numbers will match in any order the numbers drawn in the applicable drawing. The prize amount is greater if the player's four single-digit numbers match in exact order the numbers drawn in the applicable drawing.
(i) A straight/box play may be a 4-way straight/box play, a 6-way straight/box play, a 12-way straight/box play, or a 24-way straight/box play.
(I) A straight/box play is a 4-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes three occurrences of one single-digit number and one occurrence of one other single-digit number. A 4-way straight/box play involves four possible winning combinations.
(II) A straight/box play is a 6-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and two occurrences of another single-digit number. A 6-way straight/box play involves six possible winning combinations.
(III) A straight/box play is a 12-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and one occurrence of two other single-digit numbers. A 12-way straight/box play involves 12 possible winning combinations.
(IV) A straight/box play is a 24-way straight/box play when straight/box play is selected in connection with a set of four single-digit numbers that includes a single occurrence of four different single-digit numbers. A 24-way straight/box play involves 24 possible winning combinations.
(ii) Straight/box play is not permitted in connection with a set of numbers that includes four occurrences of one single-digit number.
(D) A "combo" play combines into a single play all of the possible straight plays that can be played with the four single-digit numbers selected for the play.
(i) A combo play may be a 4-way combo play, a 6-way combo play, a 12-way combo play, or a 24-way combo play.
(I) 4-way combo play is combo play in connection with a set of four single-digit numbers that includes three occurrences of one single-digit number and one occurrence of one other single-digit number. A four-way combo play involves four possible winning combinations.
(II) 6-way combo play is combo play in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and two occurrences of another single-digit number. A six-way combo play involves six possible winning combinations.
(III) 12-way combo play is combo play in connection with a set of four single-digit numbers that includes two occurrences of one single-digit number and one occurrence of two other single-digit numbers. A 12-way combo play involves 12 possible winning combinations.
(IV) 24-way combo play is combo play in connection with a set of four single-digit numbers that includes a single occurrence of four different single-digit numbers. A 24-way combo play involves 24 possible winning combinations.
(ii) Combo play is not permitted in connection with a set of numbers that includes four occurrences of one single-digit number.
(E) Pair play
(i) A "front-pair" play is a winning play if the player's two single-digit numbers match in exact order the first two single-digit numbers drawn in the applicable drawing.
(ii) A "mid-pair" play is a winning play if the player's two single-digit numbers match in exact order the second and third single-digit numbers drawn in the applicable drawing.
(iii) A "back-pair" play is a winning play if the player's two single-digit numbers match in exact order the last two single-digit numbers drawn in the applicable drawing.
(F) A Sum It Up play is a winning play if the sum of the player's two or four single-digit numbers, as applicable, is the same as the sum of the four single-digit numbers drawn in the applicable drawing. A Sum It Up play must occur in connection with a play of some other play type.
(2) The executive director may allow or disallow any type of play described in this subsection. Currently available play types must be posted on the commission's web site.
(d) Plays and tickets
(1) A ticket may be sold only by an on-line retailer and only at the location listed on the retailer's license. A ticket sold by a person other than an on-line retailer is not valid.
(2) The selection of numbers for a straight play, a box play, a straight/box play, or a combo play involves the selection of four single-digit numbers, with each selected from the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9.
(3) The selection of numbers for a front-pair play, a mid-pair play, or a back-pair play involves the selection of two single-digit numbers, with each selected from the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9.
(4) The cost of a play varies according to the play type selected for the play and the base play amount selected for the play.
(A) The cost of a straight play is the same as the base play amount selected for the play.
(B) The cost of a box play is the same as the base play amount selected for the play.
(C) The cost of a straight/box play is:
(i) $1 if the base play amount selected for the play is $.50;
(ii) $2 if the base play amount selected for the play is $1;
(iii) $4 if the base play amount selected for the play is $2;
(iv) $6 if the base play amount selected for the play is $3;
(v) $8 if the base play amount selected for the play is $4; or
(vi) $10 if the base play amount selected for the play is $5.
(D) The cost of a combo play is determined by multiplying the base play amount selected for the play by the number of winning combinations possible with the four single-digit numbers selected for the play.
(E) The cost of a front-pair, mid-pair, or back-pair play is the same as the base play amount selected for the play.
(F) The cost of a Sum It Up play is the same as the Sum It Up base play amount selected for the Sum it Up play. The cost of a Sum It Up play is in addition to the cost of the Daily 4 play with which the Sum It Up play is connected.
(5) The cost of a ticket is determined by the total cost of the plays evidenced by the ticket.
(6) A player may complete up to five playboards on a single playslip.
(7) A person may select numbers for a play by:
(A) using a self-service terminal;
(B) using a playslip;
(C) requesting a retailer to use Quick Pick; or
(D) requesting a retailer to manually enter numbers into an on-line terminal.
(8) A player may select the play type, base play amount, and draw date and time for a play by:
(A) using a self-service terminal;
(B) using a playslip; or
(C) requesting a retailer to manually enter the play type.
(9) Playslips must be completed manually. A ticket generated from a playslip that was not completed manually is not valid.
(10) An on-line retailer may accept a request to manually enter selections or to make quick-pick selections only if the request is made in person.
(11) A player may purchase one or more plays for any one or more of the next 12 drawings after the purchase.
(12) An on-line retailer shall issue a ticket as evidence of one or more plays. A ticket must show the numbers, play type and base play amount selected for each play; the number of plays, the draw date(s) for which the plays were purchased; and the security and transaction serial numbers. Tickets must be printed on official Texas Lottery paper stock.
(13) A playslip has no monetary value and is not evidence of a play.
(14) The purchaser is responsible for verifying the accuracy of the numbers and other selections shown on a ticket.
(15) The commission shall establish a time period before each drawing during which tickets may not be sold.
(16) An unsigned winning ticket is payable to the holder or bearer of the ticket if the ticket meets all applicable validation requirements.
(e) Cancellation of plays
(1) An on-line retailer may cancel a Daily 4 play only in accordance with the following provisions:
(A) The ticket evidencing the play must have been sold at the retail location at which it is cancelled;
(B) The on-line retailer must have possession of the ticket evidencing the play;
(C) All Daily 4 plays evidenced by a single ticket must be cancelled;
(D) Cancellation may occur no later than 60 minutes after sale of the ticket evidencing the play;
(E) Cancellation must occur before the beginning of the next draw break after the sale of the ticket evidencing the play; and
(F) Cancellation must occur before midnight on the day the ticket evidencing the play was sold.
(2) An on-line retailer must retain the ticket and the cancellation receipt for the play(s) evidenced by that ticket for at least 30 days after the cancellation.
(f) Drawings
(1) Daily 4 drawings shall be held twice a day, Monday through Saturday, at 12:27 p.m. and 10:12 p.m., central time. The executive director may change the drawing schedule, if necessary.
(2) At each Daily 4 drawing, four single-digit numbers shall be drawn. Each single-digit number will be drawn from a set that includes a single occurrence of all ten single-digit numbers (0, 1, 2, 3, 4, 5, 6, 7, 8, and 9).
(3) Numbers drawn and the order in which the numbers are drawn must be certified by the commission in accordance with the commission's drawing procedures.
(4) The numbers selected in a drawing and the order of the numbers selected in the drawing shall be used to determine all winners for that drawing.
(5) Each drawing shall be witnessed by an independent certified public accountant. All drawing equipment used shall be examined by a commission drawings representative and the independent certified public accountant immediately before each drawing and immediately after each drawing.
(g) Prizes
(1) Prize payments shall be made upon completion of commission validation procedures.
(2) A person may win only one prize per play per drawing. A player who holds a valid ticket for a winning play is entitled to the highest prize for that play.
(3) A Sum it Up play is a separate play from the play with which it is connected.
(4) The executive director may temporarily increase any prize set out in this subsection for promotional or marketing purposes.
(5) A person who holds a valid ticket for a winning straight play is entitled to a prize as shown.
(6) A person who holds a valid ticket for a winning 4-way box play is entitled to a prize as shown.
(7) A person who holds a valid ticket for a winning 6-way box play is entitled to a prize as shown.
(8) A person who holds a valid ticket for a winning 12-way box play is entitled to a prize as shown.
(9) A person who holds a valid ticket for a winning 24-way box play is entitled to a prize as shown.
(10) A person who holds a valid ticket for a winning straight/4-way box play is entitled to a prize as shown.
Figure: 16 TAC §401.316(g)(10)
(11) A person who holds a valid ticket for a winning straight/6-way box play is entitled to a prize as shown.
Figure: 16 TAC §401.316(g)(11)
(12) A person who holds a valid ticket for a winning straight/12-way box play is entitled to a prize as shown.
Figure: 16 TAC §401.316(g)(12)
(13) A person who holds a valid ticket for a winning straight/24-way box play is entitled to a prize as shown.
Figure: 16 TAC §401.316(g)(13)
(14) A person who holds a valid ticket for a winning combo play is entitled to a prize as shown.
Figure: 16 TAC §401.316(g)(14)
(15) A person who holds a valid ticket for a winning front-pair, mid-pair, or back-pair play is entitled to a prize as shown.
Figure: 16 TAC §401.316(g)(15)
(16) A person who holds a valid ticket for a winning Sum It Up play is entitled to a prize as shown. A Sum It Up prize is in addition to a prize, if any, for a straight play, a box play, a straight/box play, or a combo play.
Figure: 16 TAC §401.316(g)(16)
(h) Start of Play. The executive director shall determine the start date for Daily 4. The start date shall be no later than August 31, 2008.
(i) The executive director may authorize promotions in connection with Daily 4. Any current promotions must be posted on the commission's web site.
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 March 26, 2007.
TRD-200701167
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 344-5113