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It is our view that the Texas Lottery Commission already has the authority to do what is in the best business interests of the lottery, including deciding how and what advertising procedures work best. The legislature should not mandate the manner in which the commission market and promote any particular lottery game.
It is worth noting that Texas’ gambling laws are confusing and difficult to reconcile which leads to a major consistency problem on this issue. Most significantly, the state holds a monopoly on running lotteries. If the state contends that gambling is destructive to society, as it often does, the state should get out of the gambling business itself.
Because this legislation would result in increased ticket sales, it follows that this bill would further expand the state's monopoly lottery system. In our view this is both an improper role of government and an expansion of government. For these reasons we oppose SB 397.