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Lottery Commission

Summaries

KP-0107
Ken Paxton

Sales agent license - language in Occupations Code section 53.021 does not authorize Lottery Commission to deny, suspend, or revoke a sales agent license due to deferred adjudication for offense of gambling|Deferred adjudication on a gambling-related offense - Lottery Commission may comply with applicable statutes and consider deferred adjudication on a gambling-related offense to be a conviction if circumstances meet requirements of 53.021(d), Occupations Code, thereby authorizing it to deny, suspend, or revoke license|Applicant character and fitness - Whether Lottery Commission may consider presence of illegal gambling activity at applicant's retail location in examining applicant's character and fitness under 466.151(e), Lottery Act, depends on facts|illegal gambling activity - court would likely conclude that Lottery Commission's express authority to make findings under 466.151(e), State Lottery Act, implies authority to determine whether particular activity constitutes illegal gambling, or if particular item constitutes an illegal gambling machine under Penal Code|"Professional gambler" - Court would likely conclude that rule broadening scope of the term "professional gambler" to include person who conducts or allows illegal gambling activity at proposed or existing lottery retail location would exceed authority Legislature granted to Lottery Commission|A court is not likely to infer authority from sections 466.351 and 466.355, Lottery Act, for the Lottery Commission to consider the presence of illegal activity at a retail location in deciding whether to deny, suspend, or revoke a sales agent license

KP-0202
Ken Paxton

Transfer of commercial lessor license under Bingo Enabling Act|Transfer of right to lease more than one licensed authorized organization under the Bingo Enabling Act|Authority to reopen order granting transfer of commercial lessor license|Commission's change in historical practice regarding transfer of commercial lessor license is likely a "rule" within Administrative Procedure Act

GA-0675
Greg Abbott

Electronically readable information encoded on the magnetic stripe of a driver’s license to verify the age of persons using self-service terminals and vending machines to purchase lottery tickets, section 521.126 of the Transportation Code permits the Texas Lottery Commission to use

GA-1065
Greg Abbott

Lottery Commission - authority to deny or revoke an entity\\'s bingo-related license solely on the basis that an officer, director, or shareholder has been convicted or constructively convicted of certain offenses|Bingo-related licenses - authority to deny or revoke an entity\\'s bingo-related license solely on the basis that an officer, director, or shareholder has been convicted or constructively convicted of certain offenses