Commission Meeting Agenda & Documents
Thursday, October 21, 2021
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. Item I Documents (PDF File)
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.”
II. Recognition in honor of former Chairman Winston Krause’s service to the state of Texas. Item II Documents (PDF File)
III. 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. Item III Documents (PDF File)
IV. Report, possible discussion and/or action on the Annual Contract Status Report and Supplemental Information for all major and prime agency contracts. Item IV Documents (PDF File)
V. Report, possible discussion and/or action on agency prime contracts, including amendment, renewal or extension of the contracts for Website Hosting Services, Risk Review and Compliance Monitoring Services and Promotional Products. Item V Documents (PDF File)
VI. Report, possible discussion and/or action on agency major and prime contracts, including amendment, renewal or extension of the Dallas Cowboys trademark license and promotional agreements with Pro Silver Star, LTD and Frisco Management, LP. Item VI Documents (PDF File)
VII. Report, possible discussion and/or action on agency major contracts, including the procurement for the contract for scratch ticket manufacturing and services. Item VII Documents (PDF File)
VIII. Consideration of and possible discussion and/or action, including proposal, on amendments to 16 TAC §§ 402.413 (Military Service Members, Military Veterans, and Military Spouses), 402.452 (Net Proceeds), and 402.702 (Disqualifying Convictions). Item VIII Documents (PDF File)
IX. Consideration of and possible discussion and/or action, including proposal, on new 16 TAC §403.701 (Family Leave Pool). Item IX Documents (PDF File)
X. Consideration of and possible discussion and/or action, including adoption, on amendments to 16 TAC §401.101 (Lottery Procurement Procedures). Item X Documents (PDF File)
XI. Consideration of and possible discussion and/or action, including adoption, on amendments to 16 TAC §401.153 (Qualifications for License). Item XI Documents (PDF File)
XII. 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 XII Documents (PDF File)
XIII. Report, possible discussion and/or action on transfers to the State. Item XIII Documents (PDF File)
XIV. 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. Item XIV Documents (PDF File)
XV. 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, reports, and special projects. Item XV Documents (PDF File)
XVI. 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 XVI Documents (PDF File)
XVII. Consideration of the status and possible approval of orders in enforcement cases: Item XVII Documents (PDF File)
Lottery NSF License Revocation Cases (Default)
A. Docket No. 362-21-2604 – Gas Express
B. Docket No. 362-21-2966 – United Income Tax Services
Lottery Agreed Orders
C. Case No. 2021-390 – Kroger 527
D. Case No. 2021-721 – Braeburn Liquor
E. Case Nos. 2021-745 and 2021-746 – North Bluff Grocery Store
F. Case No. 2021-749 – Energy Exxon
G. Case No. 2021-775 – New Millennium Mart
H. Case No. 2021-776 – Shell Food Mart
XVIII. Public comment. Item XVIII Documents (PDF File)
XIX. Commission may meet in Executive Session: Item XIX 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 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 Travis County District Court Docket No. D-1-GN-14-005114 (Steele, et al. v. GTECH Corp.);
Legal advice regarding the Governor’s March 13, 2020 COVID-19 state of disaster declaration (as renewed thereafter) and related Texas Lottery Commission matters, Texas Government Code Chapters 466 (State Lottery Act) and 467 (Texas Lottery Commission), 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.
XX. 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. Item XX Documents (PDF File)
XXI. Adjournment. Item XXI 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.