0001 1 TRANSCRIPT OF PROCEEDINGS 2 BEFORE THE 3 TEXAS LOTTERY COMMISSION 4 AUSTIN, TEXAS 5 6 16 TEXAS ADMINISTRATIVE CODE § § 7 §401.362 RE: § § 8 DAMAGED LOTTERY TICKETS § 9 10 11 PUBLIC COMMENT HEARING ON RULEMAKINGS 12 THURSDAY, SEPTEMBER 4, 2008 13 14 BE IT REMEMBERED THAT on Thursday, the 15 4th day of September 2008, the above-entitled public 16 comment hearing was held from 10:06 a.m. to 17 10:31 a.m., at the Offices of the Texas Lottery 18 Commission, 611 East 6th Street, Austin, Texas 78701, 19 before DEANNE RIENSTRA, ASSISTANT GENERAL COUNSEL. 20 The following proceedings were reported via machine 21 shorthand by Aloma J. Kennedy, a Certified Shorthand 22 Reporter of the State of Texas, and the following 23 proceedings were had: 24 25 0002 1 APPEARANCES 2 3 ASSISTANT GENERAL COUNSEL: Ms. Deanne Rienstra 4 5 RETAILER SERVICES MANAGER LOTTERY OPERATIONS DIVISION: 6 Mr. Ed Rogers 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, SEPTEMBER 4, 2008 3 (10:06 a.m.) 4 MS. RIENSTRA: Okay. Let's go on the 5 record. Good morning. My name is Deanne Rienstra, 6 Assistant General Counsel for the Texas Lottery 7 Commission. With me today is Mr. Ed Rogers, the 8 Retailer Services Manager in the Lottery Operations 9 Division. 10 I'm calling to order the rulemaking 11 comment hearing today on the proposed amendments to 12 Rule 401.362 found in Chapter 401, Subchapter E of 13 Title 16 of the Texas Administrative Code. This rule 14 is entitled "Retailer's Financial Responsibility for 15 Lottery Tickets Received and Subsequently Damaged or 16 Rendered Unsaleable, for Winning Lottery Tickets Paid 17 and for Lottery-Related Property." 18 Today is September 4th, and the time is 19 10:06, according to the clock in the auditorium here. 20 The notice for this hearing stated that 21 the hearing would be held at 10:00 a.m. today here at 22 the Commission auditorium at the Texas Lottery 23 Headquarters at 611 East 6th Street, Austin, Texas. 24 The proposed amendments were published 25 in the August 15, 2008, edition of the Texas Register. 0004 1 The proposed amendments would clarify what costs, if 2 any, would be borne by a retailer for tickets that are 3 damaged or destroyed. These amendments allow the 4 retailer to receive credit, not only for a complete 5 pack of tickets but also for a range of tickets within 6 a pack. The proposed amendments also define "damaged 7 or destroyed" to include those circumstances not the 8 fault of the retailer and set out additional 9 requirements, including a report evidencing the loss. 10 The reporting period would also change 11 to, quote, as soon as reasonably practicable under the 12 circumstances but no later than three weeks from the 13 occurrence, close quote. 14 Finally, the amendments provide that 15 the Director may waive the administrative fee if the 16 damage is caused by an overwhelming unpreventable 17 event caused exclusively by the forces of nature and 18 the retailer has complied with the reporting 19 requirements. 20 We've placed witness affirmation forms 21 and copies of the Texas Lottery Commission's proposed 22 amendments to the rule as published in the Texas 23 Register in the entry area for the public to review. 24 Anyone who wishes to provide public comment needs to 25 complete a witness affirmation form. 0005 1 Is there anyone in the audience who 2 intends to make comments? 3 Because I see no indication that there 4 is anyone present who intends to make comment, I am 5 going to recess the hearing until 10:30, in case there 6 is someone who is having a hard time finding the 7 building or finding a place to park. 8 Off the record. 9 (Recess: 10:08 a.m. to 10:30 a m.) 10 MS. RIENSTRA: Okay. Let's go back on 11 the record. 12 Good morning. My name is Deanne 13 Rienstra, and I'm calling this public comment hearing 14 back to order. I recessed this hearing from 15 10:08 a.m. until 10:30 a.m., in case somebody wanting 16 to provide comment was having trouble getting here. 17 Is there now anybody in the audience 18 who wishes to provide public comment? 19 Again, I see no indication that there 20 is anyone present who intends to make comment. For 21 the record, the only people in the auditorium are 22 myself, Ed Rogers, Debbie Jamieson from the Legal 23 Services Division and our court reporters. 24 I would like to include in the record 25 that there is still an opportunity to provide comment 0006 1 in a written format by mail, facsimile transmission or 2 e-mail, as indicated in the August 15, 2008, edition 3 of the Texas Register. The deadline for providing 4 written comment is Monday, September 15, 2008. 5 Because there is no one present who 6 wants to provide comment, I am adjourning this 7 hearing. It is now 10:31. 8 Thank you very much. 9 (Hearing adjourned: 10:31 a.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0007 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 15th day of September 2008. 15 16 17 ________________________________ 18 Aloma J. Kennedy Certified Shorthand Reporter 19 CSR No. 494 - Expires 12/31/08 20 Firm Certification No. 276 Kennedy Reporting Service, Inc. 21 Cambridge Tower 1801 Lavaca Street, Suite 115 22 Austin, Texas 78701 512.474.2233 23 24 25