About This Open Records Request

IF your legislator tried to help overturn the new Lotto Texas rule, he/she would have written a letter to the Texas Lottery Commission and requested a repeal of the new Lotto Texas rule. And, by all rights, he should have requested an investigation from the District Attorney in Travis County to see if a law violation occurred in the adoption of this new rule too.

FYI - To help you better understand the rulemaking procedure, govenrment code 2001.032 states: 2001.032. Legislative Review (a) Each house of the legislature by rule shall establish a process under which the presiding officer of each house refers each proposed state agency rule to the appropriate standing committee for review before the rule is adopted. (b) A state agency shall deliver to the lieutenant governor and the speaker of the house of representatives a copy of the notice of a proposed rule when the agency files notice with the secretary of state under Section 2001.023. (c) On the vote of a majority of its members, a standing committee may send to a state agency a statement supporting or opposing adoption of a proposed rule. And just so that you know it - the legislative body sent NO statement.

The law allows you to make an "Open Records" request to obtain whatever information you want from a state agency. (Called the Freedom of Information Act) In this case, you want copies of any and all letters the TLC received from any and all members of the Texas Legislature pertaining to the adoption of the new Lotto Texas rule.

Open records requests that are less than 50 pages are FREE. Should filling the request be in excess of 50 pages, the TLC will or can charge .10 cents per page. There are 181 legislators but I doubt very seriously that all 181 wrote a letter. And even if they did, the TLC will write you and ask for your money before they send you the documents. At that point, you can narrow your request down to just your legislators if you want. Then it's totally FREE. By making this request, you WILL know if your legislator opposed the adoption of the new rule or if he was FOR it so the state could make more money at our expense.

By law, the TLC MUST respond within 10 days of receiving an open records request.

FYI - Anyone can file a complaint with the District Attorney. His info is: District Attorney Ronnie Earl, 509 W. 11th, Austin, Texas, 78701. Fax: (512) 854-9695. The reason for an investigation is government code 2001.029. Public Comments states: § 2001.029. Public Comment (c) A state agency shall consider fully all written and oral submissions about a proposed rule.

Since the TLC was printing promotional pieces, buying new machines and balls at least one month PRIOR to the adoption of the new lotto rule and at a considerable expense, how was this law followed? This is sufficient grounds for a full investigation.

4-21-03 - I've answered some of your many questions and gone into a little bit more detail about all this on the "Daily Page." Click here to read.

About the new balls and machines ...

The TLC purchased new balls & drawing machines ONE MONTH PRIOR to the adoption of the new Lotto Texas rule. WHY did we have a "comment period" for the rule change and was the rule adopted in accordance to the law?

Records show new drawing machines were purchased on Feb 28, 2003 - the cost was $83,150. However, the comment period for the players was between Feb 14 & March 16 and the rule was not adopted by the commissioners until March 27th.

The contract states, [for the new drawing machines] "Delivery is required no later than April 11, 2003."

FYI - The TLC replaced the Lotto Texas drawing machines, originally bought in 1992, for the first time in July 2000. It's not time for new ones!

In Sept 1999, the TLC paid $11,200 per set of "54" balls - they use 5 sets for Lotto Texas. I can only imagine how much the 25 new balls cost. FYI - they bought new balls before the rule to add 4 balls was adopted too. In fact, that rule was withdrawn in late Sept 1999 due to player opposition. This was the first time the TLC had ever replaced the balls yet they were never used until July 2000 - after the rule was adopted in May 2000.

IF the new game proceeds as planned - they will use the current lotto balls but for the bonus number, they plan to use the old Cash5 balls. They've had to purchase numbers 40, 41, 42, 43, and 44 (5 sets) to add to the old Cash 5 balls)

What you can expect from your legislators as reported by fellow players ...

As you've probably already read, when I receive your message, I'm simply redirecting it to the legislators who represent your county (not country). If you give your street address above, they WILL write you back via US mail. If you've just given your email address - some legislators are responding but some aren't. The reason - if they don't know for certain that you ARE one of their voters - they don't care. (In case you didn't know this, everyone has one state representative and one Senator and YOU put them there to represent you and your interests.)

If you don't give your address or your email address, some legislators are totally disregarding your messages without reading it. You see, for the most part, our legislators ONLY work for those who CAN vote for them. They work hard to ensure your vote come next election time. Welcome to politics.

Players have reported ...
Some players have reported that their legislators told them that they couldn't do anything to reverse this new rule. That's a bunch of baloney! You see, the Texas Lottery ONLY answers to the Texas Legislature which means that if all 181 legislators call the Texas Lottery and "suggest" this rule be overturned - it'll be done faster than you can blink your eye. Just like the paragraph that was "re-inserted" into G-Techs contract last year (explained in sidebar).

Some players have reported that their legislators have sent what appears to be "standard pre-written response" (not auto responders) and some replies appear to contain the same language the TLC uses to convince you this plan is GOOD. And, some reported that their legislators response didn't address their questions nor did the legislator provide his phone number.

Now these thing are really BAD! All legislators should make certain you know how to call them. If this happens to you , then by reason of deduction - your legislator knows you're mad and he's hoping this will just pass and you'll continue to play and just accept the changes. This is what the TLC has told him you will ultimately do - apparently he likes the changes - he must agree that it's OK to give the consumers a game they can't win so the state can make more money by causing consumers to "splurge," by gambling, more often.

If any of you want to know who your legislator is or his phone number, email me and I'll give it to you - but you have to tell me your address, city, zip and your county. Or you can click here and get it yourself - it's real easy.

Now, on the other hand, some players have reported how pleased they were because they heard from their legislators, their concerns were addressed and they believe he may be helping to overturn the new rule.

Keep in mind - their jobs are to protect the citizens in their districts. Are they protecting you if they allow the TLC to sell this game?

And finally, know this. States were given a monopoly on lotteries as a way to protect the PEOPLE - states were NOT given the monopoly as a source of revenue for the state. How do you think our leaders view our lottery?

Here are the rule changes for Lotto Texas that
are scheduled to take effect May 4, 2003 ...

1. Players will select 5 numbers from a pool of 44 balls then players will select 1 number from another pool of 44 balls (88 balls total) to win the jackpot.

2. The rule says you must chose CVO or Annual Pay at the time you purchase your lotto ticket. They will not allow you to change your mind after you win.

3. The rule says they will "round down" the prizes. This means each drawing is not treated as an "independent event" and the players share of sales is not being returned to the players from each drawing. It also means the payouts are not truly "pari-mutuel."

4. The new game offers three (3) guaranteed prizes. There is a $3 prize and two $5 prizes. They are allotting a percentage of sales, from the players share of sales, to pay these prizes. If history follows suit, there will be excess funds which the players will NEVER see.

Since inception of Lotto Texas through March 28, 2003, $123,456,256 has been placed in reserve because it was NOT needed to pay the $5 guaranteed prize for matching 3 of 6 numbers. Players have NOT seen this money - the TLC keeps it and uses it however they want.

If this isn't bad enough, the rule also states they will withhold another percentage of sales, again from the players share, just in case they need extra money to pay the guaranteed prizes.

5. The advertised jackpot amount for the first 3 draws is guaranteed, then after that, it will be pari-mutuel (based on sales). They are doing this because there is not enough money to pay $4 or $5 or even $6 million now. However, this is safe for them because chances are very slim that anyone will win due to the unbelievable odds of winning.

6. The prizes for the new game are:

1st prize - 5 + 1 - Jackpot (Pari-mutuel)
Odds: 1-in-47,784,352
(Won approx every 20 draws)

2nd prize - 5 + 0 - $10,000 (Pari-mutel)
Odds : 1-in-1,111,264
(Cash5 pays more - lower odds)

3rd prize - 4 + 1 - $2,000 (Pari-mutuel)
Odds : 1-in-245,048
(Cash5 pays $50,000 for 5 numbers)

4th prize - 4 + 0 - $100 (Pari-mutuel)
Odds : 1-in-5699
(Cash5 & 2 Step pays more - lower odds)

5th prize - 3 + 1 - $100 (Pari-mutuel)
Odds : 1-in-6449
(Cash5 pays more with lower odds)

6th prize - 3 + 0 - $5 (Guaranteed)
Odds : 1-in-150
(Cash5 pays more with lower odds)

7th prize - 2 + 1 - $5 (Guaranteed)
Odds : 1-in-523 9
(2 Step pays more with lower odds)

8th prize - 1 + 1 - $3 (Guaranteed)
Odds : 1-in-116
(2 Step pays more with lower odds)

7. Players are "suppose" to receive 52% of total sales (although players won't see 52% because of over allocating the guaranteed prize). The new rule lowered the players share of sales from 55% - they increased the percentage for the jackpot winner but decreased the percentage for all the other prizes.

For those of you who want to know WHY they made
this change, it's because they want to guarantee players
will NOT win the top prize, so the jackpots can climb.
But, as the Dallas Morning News headline read ...
"State HOPES lotto change is a winner."

Typical lotto sales start at approx $4 million and sales increase
as the jackpots climb. But when the jackpot reaches $70+ million,
they sell as many as 50 million tickets in just 3 days. They make
LOTS of money because they keep at least 50% right
off the top. This is their goal.

Players will have a financial hangover the day
after while the TLC smiles all the way to the bank!