This player has filed a complaint with the Public Intgrity Unit (DA's office)
and the SAO (State Auditors Office) - Anyone can file a complaint with
either. You can file online with the SAO - here is their web address:
www.sao.state.tx.us. Click on "Report Fraud, Waste and/or Abuse"
under "Online Services"

1 May 2003

(Name and address deleted)

Mr. Ronnie Earle
Travis County District Attorney
509 W. 11th Street
Austin, TX 78701

Dear Mr. Earle,

I am writing to you to report a suspected violation of Texas law and to request that your office conduct an investigation. If I have addressed this to the wrong office, I would appreciate if you could refer me to the appropriate agency for this case.

On January 28, 2003, the Texas Lottery Commission ordered two new machines for their on-line lottery games. I believe these two new machines are to be used for the new version of the Lotto Texas game since it will require extra machines of this type to operate.

The proposal to change the rules for the Lotto Texas game was proposed on January 31, 2003. At their meeting on that date, the members of the Texas Lottery Commission accepted the proposal and started the rule-making process. Part of the rule-making process is a required period for public comment (Government Code 2001.029(a) requires a reasonable period for oral and written comments). The TLC adopted a period for public comment beginning on February 14, 2003 and ending on March 16, 2003.

While the public comment period was on going, the Texas Lottery Commission ordered the new balls to be used in the proposed game. The only purpose for this purchase could be the new game since they only ordered enough balls to cover extending existing 39 ball sets to the new 44 ball sets. The 39 ball sets were the old ones from the previous version of the Cash Five on-line game.

The Government Code (section 2001.029(c)) requires that all comments be fully considered before adoption of any proposed rule. Since the Texas Lottery Commission received over 6000 comments opposing this rule, I believe that the Texas Lottery Commissioners did not obey this law. In addition, by not obeying this law and by purchasing equipment before the rule was adopted, I believe that the Commissioners and the Executive Director of the Lottery Commission have violated their fiduciary duties to the taxpayers and citizens of Texas. This is a violation of Texas Penal Code Section 32.45(b) and based on the value of the equipment at $83,150.00, I believe this would be a third degree felony.

As a peace officer in the State of Texas, I believe that probable cause exists to believe that a crime has been committed by the Commissioners and Executive Director for the Texas Lottery Commission. I believe that this crime occurred at their offices in Austin and this is within your jurisdiction. I am requesting that you investigate this matter and prosecute any person that has violated the law.

If you need any further assistance from me, or have any questions for me, I may be contacted at the above address and telephone number. I can also place you in contact with other people in Texas who have information concerning the comments and rule-making process. Many of these people would testify to this matter in court. I appreciate your giving this matter your prompt attention.

Sincerely,

Stephan J. Rothstein