Commission Meeting Agenda & Documents
Wednesday, August 7, 2019
10:00 a.m.
Texas Lottery Commission
611 E. 6th Street
Austin, Texas 78701
Auditorium
I. The Texas Lottery Commission will call the meeting to order. Pledge of Allegiance to the U.S. and Texas flags. Texas Pledge: “Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.” Item I Documents (PDF File)
II. Report by the Bingo Advisory Committee (BAC) Chairman; possible discussion and/or action on the BAC’s activities, including removal and appointment of committee members, continuation of the BAC, and the BAC’s annual work plan for FY 2020. Item II Documents (PDF File)
III. Report, possible discussion and/or action on agency prime contracts, including amendment, renewal or extension of the lease for the Austin warehouse and the agreement for the Austin Convention Center Parking Garage. Item III Documents (PDF File)
IV. Report, possible discussion and/or action on agency prime contracts, including the procurement for retailer bonus payment management services. Item IV Documents (PDF File)
V. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §§402.401 (Temporary License), 402.413 (Military Service Members, Military Veterans, and Military Spouses), and 402.422 (Amendment to a Regular License to Conduct Charitable Bingo). Item V Documents (PDF File)
VI. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §401.153 (Qualifications for License). Item VI Documents (PDF File)
VII. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §403.101 (Open Records). Item VII Documents (PDF File)
VIII. Report, possible discussion and/or action on lottery sales and revenue, game performance, new game opportunities, advertising, promotional activities, market research, trends, and game contracts, agreements, and procedures. Item VIII Documents (PDF File)
IX. Report, possible discussion and/or action on transfers to the State and the agency’s budget status. Item IX Documents (PDF File)
X. Report, possible discussion and/or action on the FY 2020 Operating Budget. Item X Documents (PDF File)
XI. Report, possible discussion and/or action on external and internal audits and/or reviews relating to the Texas Lottery Commission, and/or on Internal Audit activities, including approval of the FY 2020 Annual Internal Audit Plan. Item XI Documents (PDF File)
XII. Report by the Charitable Bingo Operations Director and possible discussion and/or action on the Charitable Bingo Operations Division’s activities, including licensing, accounting and audit activities, pull-tab review, and special projects. Item XII Documents (PDF File)
XIII. Report by the Executive Director and possible discussion and/or action on the agency’s operational status, major contracts, agency procedures, awards, and FTE status. Item XIII Documents (PDF File)
XIV. Consideration of the status and possible approval of orders in enforcement cases: Item XIV Documents (PDF File)
Lottery Agreed Orders
A. Case No. 2019-263 – 1st Stop
B. Case No. 2019-661 – La La Liquors
Other Lottery Cases
C. Docket No. 362-18-4978 – Stateline Citgo
D. Docket No. 362-19-1517 – Pinehurst Country Store (Motion for Rehearing)
XV. Public comment. Item XV Documents (PDF File)
XVI. Commission may meet in Executive Session: Item XVI Documents (PDF File)
A. To deliberate personnel matters, including the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Executive Director and/or Charitable Bingo Operations Director pursuant to §551.074 of the Texas Government Code.
B. To deliberate the duties of the General Counsel and/or the Human Resources Director pursuant to §551.074 of the Texas Government Code.
C. To receive legal advice regarding pending or contemplated litigation or settlement offers, or other legal advice, pursuant to §551.071(1) and (2) of the Texas Government Code, including but not limited to legal advice regarding the following items:
Pending litigation regarding Fun 5’s Scratch Ticket Game #1592, including Tex. Supreme Court Docket No. 18-0159 (Steele, et al. v. GTECH Corp.) and Tex. Supreme Court Docket No. 17-1010 (Nettles v. GTECH Corp. and Texas Lottery Commission).
Julam Investments, Inc. v. Texas Lottery Commission (Travis Co. District Court Cause No. D-1-GN-16-006124)
State of Texas v. Equal Employment Opportunity Commission, et al.
State of Texas v. C.D. (On Petition for Review from the Twelfth Court of Appeals)
Prescott Lovern, Sr., Private Attorney General v. Texas Lottery Commission, et al.
Legal advice regarding Texas Government Code Chapters 466 (State Lottery Act) and 467, the Bingo Enabling Act, the Open Meetings Act, the Public Information Act, the Administrative Procedure Act, employment and personnel law, procurement and contract law, evidentiary and procedural law, ethics laws, and general government law.
Legal advice regarding any item on this open meeting agenda.
XVII. Return to open session for further deliberation and possible action on any matter posted for discussion in Executive Session. Any matter posted for Executive Session also may be the subject of discussion and/or action in open session prior to Executive Session. Item XVII Documents (PDF File)
XVIII. Adjournment. Item XVIII Documents (PDF File)
Notice of Assistance at Public Meetings. Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, should contact Debbie Jamieson at (512) 344-5038 at least four (4) work days prior to the meeting so that appropriate arrangements can be made.