Texas Lottery's Proposed Game
- Texas Triple Chance - 401.322 -
In My Opinion & the
CA Supreme Court's Opinion
& the Illinois AG's Opinion ...
This Game Is Not A "True" Lottery Game
brought to you by
The Lotto Report
Originally Posted: Jan 30, 2014 - 11 PM
Revised: Feb 10, 2014 - Added Copy of
Senator Deuell Request for An Opinion
Texas Triple Chance - 3 Separate Postings
With this letter, I've done all I can do - Posted 1/30/14. Click here
Is this game a true lottery game? Is it legal? Posted 1/20/14, Click here
"Secretly" Proposed - Details New Game - Posted 1/7/14, Click here
Read Dallas Morning News
Story About Texas Triple Chance
Appeared Feb 12, 2014 - Click here
Senator Deuell Requests an AG Opinion ...
Does Texas Triple Chance Qualify As a "Lottery"
Read Senator Deuell's letter, Click here (a pdf - 02/10/14)
My letter to the AG - (a pdf - 01/28/14), click here
(My letter shown in html below - scroll down)
- Editorial -
Opinions expressed here are those of
Dawn Nettles - Publisher of The Lotto Report
About My Letter To The Attorney General
In my second posting, I explained why I believed Texas Triple
Chance was not a true "lottery" game. I firmly believe that the
TLC does not have the authority under the Texas Constitution
to offer this game to consumers. I pray my letter sufficiently
conveys the points of law to support my belief.
What you all need to understand is that there are only
four (4) legal ways to gamble in Texas. We have horse
racing, raffles, Bingo and a state lottery.
"One on one" wagering is not legal in Texas yet
the Texas Lottery is proposing to offer you another
game where they are a participant in the game. Because
they are clearly a participant, then they care about the
outcome of each drawing and each and every wager.
With the writing of my letter, this issue is out of
my hands now. I've done all I can in an attempt
to protect the players from what I feel is a
very unfair game for a number of reasons.
I did send copies of my letter to a number of
Representatives and Senators. I tried to select those
who I believe have a sincere interest in the lottery.
All I can say now is, it will be interesting to see what
action the AG takes, what action the Commissioners
take and what action our lawmakers take.
Finally, my letter references an Opinion issued by the
Illinois Attorney General, so I am also giving you a copy
of that opinion as well. I'm certain some of you may
want to read the entire Opinion.
Now read my letter and let's see if you understand
why I say what I do and if you agree with me.
My letter to TX Attorney General Abbott, pdf
2006 Illinois Attorney General Opinion, pdf
My Letter in html
The Honorable Greg Abbott
Office of the Attorney General
P. O. Box 12548
Austin, Texas 78711-2548
RE: Complaint - TX Lottery - Immediate Attention Needed
Dear General Abbott:
As a concerned tax paying citizen of Texas, it is my belief that the Texas Lottery is proposing to add an online (draw) game that would not be in the Commissions authority under Article III, Section 47 of the Texas Constitution. Let me briefly explain the game and why I say this.
About the Proposed Game
The proposed game (ripe for adoption Feb 3, 2014) is Texas Triple Chance. Players will select 7 numbers from a pool of 55 numbers but the Texas Lottery will draw 10 numbers. The Texas Lottery is proposing to play this game 6 nights per week at 10:12 p.m. Tickets cost $2. For the $2, players will receive 2 free Quick Picks plus their original set of numbers.
The prize structure - all fixed - preset prize amounts - Match 7 numbers: $100,000; Match 6 numbers: $500; Match 5 numbers: $25; Match 4 numbers: $5; Match 3 numbers: $2. However, the jackpot is capped at $1 million - meaning if more than 10 jackpot winners, it converts to a pari-mutuel payout. There is NO prize pool - its one on one - player against the TLC.
Problems with the Proposed Game
The proposed game is not a true lottery game because the payouts do NOT depend on how much money was wagered. In the proposed game, when there are no jackpot winners, the Texas Lottery will retain the jackpot prize money. It does not carry forward to be paid to an eventual winner as does traditional lottery jackpot games. At the same time, the Texas Lottery may pay some or many low tier winners and the TLC may suffer losses.
Let Me Address Three Questions That Keeps Coming In
Quite of few of you have asked if Pick3 and Daily4 - with their preset
prizes - would be included in my thoughts regarding one-on-one
wagering. The answer is NO - because - Pick3 and Daily 4
are NOT "jackpot" games. Jackpot games are games like
Lotto Texas, TX 2 Step, Cash5, Mega Millions, Powerball &
All or Nothing. These games have hefty jackpots unlike
Pick3 and Daily4.
But for the record, I have repeatedly stated that
Pick3 and Daily 4 should have pari-mutuel payouts.
This would guarantee that the People receive
their share of sales which they do not receive.
Second question is - what do I predict the Texas Lottery
will do? Well, if they really want to force this game on the
People of Texas, all they have to do is give it a prize pool
and carry over the jackpot money to be paid out whenever
someone finally wins. Now this goes against the purpose
of offering the game. You see, they want you to play a
game where they get to keep a much larger percentage of
sales to offset declining online sales.
Third question - when will we find out if they adopt this rule?
Well, I heard the next Commission meeting is tentatively set
for Feb 13th. Of course, I have no way of knowing if it will
be discussed in public or not - for all I know Mr. Grief
might call the Commissioners and take a vote by phone!
First posting for Texas Triple Chance, Click here
Second posting for Texas Triple Chance, Click here
Based on the facts presented here, IF you believe
there is any merit to what I've written, I strongly urge you
to contact your state legislator and request that he/she ask
for an AG Opinion regarding the offering of this game.
I would be interested in hearing what you think about this game too.
Email me - email@example.com
All Texas Games - Sales Pages
Pick3 & Daily 4 - Sales and payouts, click here
Lotto Texas - Prizes & sales, click here
Texas 2 Step - Prizes & sales, click here
Cash 5 - Prize amounts & sales, click here
Mega Millions - Lottery Sales by the draw, click here
Mega Millions - Lottery Sales by State, click here
Lotto Texas - Lottery Sales by the draw, click here
Powerball - Sales by State, click here
Powerball - Lottery Sales by the draw, click here
Texas Lotto Report
(All About the Texas Lottery)
P. O. Box 495033
Garland, Texas 75049-5033
(972) 681-1048 (Fax)