PART 9. TEXAS LOTTERY COMMISSION
CHAPTER 403. GENERAL ADMINISTRATION
The Texas Lottery Commission (Commission) adopts new 16 TAC §403.501 (relating to Custody and Use of Criminal History Record Information), without changes to the proposed text as published in the February 6, 2009, issue of the Texas Register (34 TexReg 784).
The purpose of the new rule is to meet the statutory requirement of Texas Government Code, Chapter 466, Subchapter E, §466.205(b) providing policies for the custody and use of criminal history information. The new rule establishes that all criminal history information will be kept in a secure environment and provided to Commission staff, as needed, to meet the statutory requirements of the Texas Lottery Act and the Bingo Enabling Act; and, will not be released or disclosed except on court order.
The anticipated public benefit of the adopted new rule will be that the Texas Lottery Commission meets the requirements of Texas Government Code, Chapter 466, Subchapter E, §466.205(b). The new rule is based on the current practices of the Commission and conforms the agency rules to the statutory requirements and agency practices.
The Commission received no comments during the public comment period.
The new rule is adopted under Texas Government Code, §466.015, which authorizes the Commission to adopt rules governing the operation of the lottery. The new rule is also adopted under Texas Government Code, §467.102, which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction.
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 March 27, 2009.
TRD-200901221
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Effective date: April 16, 2009
Proposal publication date: February 6, 2009
For further information, please call: (512) 344-5012