0001 1 TRANSCRIPT OF PROCEEDINGS 2 BEFORE THE 3 TEXAS LOTTERY COMMISSION 4 AUSTIN, TEXAS 5 6 16 TEXAS ADMINISTRATIVE CODE § §401.307 § 7 16 TEXAS ADMINISTRATIVE CODE § §401.316 § 8 9 10 PUBLIC COMMENT ON RULEMAKINGS 11 THURSDAY, JANUARY 11, 2007 12 BE IT REMEMBERED THAT on Thursday, 13 the 11th day of January 2007, the above-entitled 14 public comment hearing was held from 10:05 a.m. to 15 10:22 a.m., at the Offices of the Texas Lottery 16 Commission, 611 East 6th Street, Austin, Texas 78701, 17 before KIMBERLY KIPLIN, GENERAL COUNSEL. The 18 following proceedings were reported via machine 19 shorthand by Aloma J. Kennedy, a Certified Shorthand 20 Reporter of the State of Texas, and the following 21 proceedings were had: 22 23 24 25 0002 1 APPEARANCES 2 GENERAL COUNSEL: 3 Ms. Kimberly L. Kiplin 4 PRODUCTS MANAGER, LOTTERY OPERATIONS DIVISION 5 Mr. Robert Tirloni 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0003 1 P R O C E E D I N G S 2 THURSDAY, JANUARY 11, 2007 3 (10:05 a.m.) 4 MS. KIPLIN: Good morning. Let's go on 5 the record. 6 Today is January 11, 2007. The time is 7 10:05. My name is Kimberly Kiplin. I'm the General 8 Counsel for the Texas Lottery Commission. With me 9 today is Mr. Robert Tirloni who is the Products 10 Manager in the Lottery Operations Division for the 11 Texas Lottery Commission. 12 The purpose of the hearing today is to 13 receive public comment on several different 14 rulemakings that have been published in the Texas 15 Register for public comment. 16 The first rulemaking is the proposed 17 repeal of 16 Texas Administrative Code, §401.307 18 relating to the Pick 3 On-Line Game Rule. 19 The second proposed rulemaking is the 20 proposal of new rule 16 Texas Administrative Code, 21 §401.307 relating to Pick 3 On-Line Game Rule. 22 And the third rulemaking is proposed new 23 rule 16 Texas Administrative Code, §401.316 relating 24 to the Daily 4 On-Line Game Rule. 25 The purpose of the hearing today is to 0004 1 receive public comment from anybody who wishes to 2 provide comment at this comment hearing. 3 At this point I will ask if there is 4 anybody here in the auditorium that would like to come 5 forward and present public comment? I have not 6 received any witness affirmation forms from anybody. 7 I notice that there are only staff members that are in 8 my view in the auditorium. 9 Seeing nobody that wishes to come 10 forward to provide public comment, I'm going to recess 11 the hearing for 15 minutes in order to give people who 12 may be having difficulty parking or getting to the 13 building for the 10 o'clock, the notice of the 14 10 o'clock hearing, an opportunity. So we'll go off 15 the record at this time. 16 (Off the record: 10:07 a.m. to 10:21 17 a.m. ) 18 MS. KIPLIN: We're going to go ahead and 19 go back on the record. The time is now 10:21. 20 Let me just once again ask if there is 21 anybody who wishes to make public comment on either 22 the repeal of the Pick 3 rule, the new proposed Pick 3 23 rule or the new proposed Daily 4 rule? 24 I will note for the record that there is 25 nobody in the auditorium, other than agency staff, 0005 1 that I can see who would be wanting to make public 2 comment. 3 We will go ahead and adjourn the 4 hearing. But before, I do want to make clear on the 5 record that the comment period does continue for 30 6 days from when the proposed rulemakings were published 7 in the Texas Register. The date of publication is 8 December 29, 2006. The earliest possible date of 9 adoption for these rulemakings is January 28, 2007. 10 It is a 30-day public comment period. 11 While we will go ahead and adjourn the 12 rulemaking comment hearing, we will continue to 13 receive written comment, as set out in the proposed 14 rulemakings. 15 And so with that, I will go ahead and 16 adjourn the hearing at this time. Thank you. 17 (Hearing adjourned: 10:22 a.m.) 18 19 20 21 22 23 24 25 0006 1 C E R T I F I C A T E 2 STATE OF TEXAS ) 3 COUNTY OF TRAVIS ) 4 I, Aloma J. Kennedy, a Certified 5 Shorthand Reporter in and for the State of Texas, do 6 hereby certify that the above-mentioned matter 7 occurred as hereinbefore set out. 8 I FURTHER CERTIFY THAT the proceedings 9 of such were reported by me or under my supervision, 10 later reduced to typewritten form under my supervision 11 and control and that the foregoing pages are a full, 12 true and correct transcription of the original notes. 13 IN WITNESS WHEREOF, I have hereunto set 14 my hand and seal this 25th day of January 2007. 15 16 ________________________________ 17 Aloma J. Kennedy Certified Shorthand Reporter 18 CSR No. 494 - Expires 12/31/08 19 Firm Certification No. 276 Kennedy Reporting Service, Inc. 20 Cambridge Tower 1801 Lavaca Street, Suite 115 21 Austin, Texas 78701 512.474.2233 22 23 24 25