| (a) An applicant for a license under this subchapter
must apply to the Commission using forms provided by the Commission.
(b) The executive director or his/her designee shall
develop all forms and related documents including, but not limited
to, an application form, release form to obtain a credit report, and/or
any other background information relating to the applicant required
to determine the applicant's eligibility for a license and whether
the granting of a license to the applicant will best serve the public
convenience. An applicant must disclose all criminal convictions for
those individuals of whom an investigation is authorized under the
Government Code, §466.201, and which are requested in the application.
(c) An applicant shall, under penalty of perjury, complete,
sign, date, and submit all forms and related information and documents
required. By signing and submitting the application form, the applicant
agrees to allow the director of the Lottery Operations Division (hereinafter
"director") to investigate the credit, criminal, and tax background
of the applicant and other matters as authorized under the State Lottery
Act, Government Code, Chapter 466.
(d) Every application for a license submitted under
this subchapter shall be accompanied by a license application fee
in an amount to be established by the director. If the director denies
an application for a license based on a factor listed in §401.153(a)
of this title (relating to Qualifications for License), the director
shall refund one half of the application fee to the applicant. If
the director denies an application based on another factor, the director
may not refund any part of the application fee. If an applicant fails
to provide all forms and related information and documents required
as part of the application, the director may cancel the application
without making a determination to deny. If the director cancels an
application, the director shall not refund any part of the application
fee.
(e) Every license application submitted to the director
under this subchapter shall be accompanied by security as authorized
by the Government Code, §466.156(a), in a form and amount determined
by the director. The director may reduce or waive the amount of security
required, if feasible, after consideration of the possible loss to
the state from the operation of the applicant in connection with the
lottery, whether the applicant is a minority business as defined by
Government Code, §466.107, or any other factor the director finds
relevant. If the director determines that the purposes of the Act
would be best served through establishment and maintenance of a pooled
fund for purposes of reimbursing the division for losses arising from
the operation of licensed sales agents, the director may require security
in the form of a mandatory contribution by each applicant. Any amount
so contributed may not be refunded. Depending upon the losses required
to be reimbursed by such a fund, the director may require additional
contributions to such a fund as a condition of any license application,
including a license renewal application.
(f) All applications submitted under this subchapter
shall be available for public inspection during business hours, provided
that criminal history information and other information confidential
by law shall not be available for inspection. Any person seeking to
inspect any application shall furnish a written request to the director
specifically stating the information sought to be inspected. The director
may respond to such requests orally or in writing in order to arrange
for the inspection of the requested documents after a reasonable time
is allowed for the division to review the documents and delete confidential
information.
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| Source Note: The provisions of this §401.152 adopted to be effective March 30, 1992, 1401 TexReg 1913; transferred effective December 27, 1993, as published in the Texas Register January 4, 1994, 19 TexReg 78; amended to be effective March 14, 1996, 21 TexReg 1756; amended to be effective July 1, 2002, 27 TexReg 5759; amended to be effective September 1, 2011, 36 TexReg 5361; amended to be effective September 12, 2012, 37 TexReg 7088; amended to be effective November 2, 2023, 48 TexReg 6353 |
