Texas Lottery

The Commissioner meeting
of April 25, 2002 ...
they adopted A new
Cash 5 rule ...

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Originally Posted: July 21, 2002
Revised:

Below is an excerpt from the April 25, 2002
Commissioners Meeting ... This is the entire
discussion prior to adopting the rule
that Texans adamantly opposed ...

My comments are in blue italics

CHAIRMAN CLOWE: Thank you. Item 8 is next, consideration and/or possible discussion and/or action, including adoption of amendments, on 16 TAC 401.308, relating to Cash 5 on-line game rule.

MS. KIPLIN: Commissioners, I'll go ahead and handle this. The -- As you know, you all voted to propose for public comment amendments to the Cash 5 on-line game rule. They were published in the March 22nd, 2002, issue of the Texas Register. We did have comment in the form of written comment. We did notice up a rule-making comment hearing. There were no persons in attendance at that rule-making comment hearing. The comment that we received has been summarized, and it is contained in your -- the preamble to the rule that you received. The reasons why the agency disagreed with the comment to the extent that the agency did is also contained in the preamble. The staff, at this point, is recommending that you do adopt the amendments to the Cash 5 rule, but with changes. The change is just changing the name of the game from Cash 5, 5 being the number, to Cash Five, five being the word. In my opinion, the change is not substantive, but it is consistent with comment that was received from players and focus group testing. This -- The amendments are ripe for your consideration for adoption today, and the staff would recommend that. If you do vote to adopt, the staff would like the effective date to be July 28th, 2002. If you don't put an effective date, then it's determined to be 20 days after it's filed with the Texas Register.

(To read the "summary of the comment" mentioned above, click here. I posted this on April 29, 2002. It appears the Commissioners don't care what players said. I wonder, did the Commissions even see the comments? Did the Commissioners know that players told the Texas Lottery that they would quit playing Cash 5 if this rule is adopted?)

COMMISSIONER WHITAKER: Is there any member of the public that is here today to comment on this rule? I don't see anybody. I will so move, then.

(No Commissioner Whitaker, I was not there. But everybody knew why. I was recovering from major surgery and could not travel at the time.)

CHAIRMAN CLOWE: Second. All in favor, aye. Aye.

COMMISSIONER WHITAKER: Aye.

CHAIRMAN CLOWE: Opposed, no. The vote is approved two zero, with the effective date you recommended.

MS. KIPLIN: Thank you.

CHAIRMAN CLOWE: Next item is No. 9, consideration of and possible discussion and/or action, including proposal on amendments, new rules, and repeal on 16 TAC 401 -- Chapter 401, Subchapter B, licensing of sales agents rules ....

Gee, they sure put a lot of thought and consideration into this MAJOR change!

Links to other pages regarding the Cash 5 Changes

To read the March 6, 2002 Commissioners Meeting where
they voted to propose a new Cash 5 rule, click here.
(Here you'll see the reasons the staff wanted these changes
and what they did NOT tell the Commissioners.)

To read the proposed rule itself ... click here.

To read my letter of opposition (pdf) ... click here.

They adopted the rule on April 25, 2002. Now go see the sales figures
before and after players found out the rule was adopted. And in time,
we'll see if they helped themselves or hurt themselves. Click here.


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The Lotto Report
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