Texas Lotto Report - It's time to file complaints with the DA of Travis County.

Posted: Feb 9, 2004 - 6:30 PM
Revised Form: May 12, 2004 5:00 PM

Let's Get Our Original Lotto Game Back
Here's How WE Do It ...
(5/44 & 1/44 - 47.7 million-to-one odds)

I strongly believe that the adoption of the new Lotto Texas rule was an illegal
adoption. The reason I feel it was "illegal" is because the law says that the TLC
has to consider public comment before adopting a rule. Yet the TLC created
purchase orders, bought drawing machines, new balls and printed promotional
literature before and during the comment period. The intent to
consider public input was never there.

The only agency that has authority over the Texas Lottery is the District Attorney of
Travis County. I've been told that IF District Attorney Earl believes any state agency has
broken the law, he will go after them. So, folks ... the letter is written for you. If you
want an investigation into the actions of the TLC and a chance to get our
game back, then here's how we do it. Just read the letter below and fill in
the date, your name, address, city, state, zip then press submit.
We have NOTHING to lose and everything to gain.

Please, ask everyone you know to come and submit a complaint.

If you prefer to print and mail your own letter,
click here for a printable (pdf) version of the letter.

Date

To: Mr. Marshall Vogt General State Division Travis County District Attorney 205 W. 9th Austin, Texas 78701

Mr. Vogt, I respectfully request that the District Attorney of Travis County investigate the 2003 adoption of 16TAC 401.305 as I feel it was an illegal rule adoption. Government code § 2001.029 states: Public Comment - A state agency shall consider fully all written and oral submissions about a proposed rule. However, the time line of events indicates the TLC had no intention of considering public comment. Unknown date but prior to proposing rule TLC re-arranged/remodeled drawing studio to accommodate two drawing machines to use for lotto Texas. 1/28/03: Purchase Order created for drawing machines 1/31/03: Commission approved proposing rule for Public Comment 2/11/03: New Lotto balls purchased 2/14/03: Proposed rule appears in Texas Register 2/28/03: Drawing Machines purchased/Delivery deadline 4/11/03 3/16/03: Public Comment period over - 99% opposed to rule change 3/27/03: Commission approved new lotto rule 5/7/03: First drawing under new rule. During the comment period, it was my understanding that the Texas Lottery received in excess of 5000 comments of opposition to this new game. Since this new game began, in its first 106 draws compared to the last 106 draws under the old 6/54 rule, the state has seen a loss in sales of $166.8 million and the loss is growing daily. Government code §2001.035 states that a rule is voidable unless a state agency adopts it in substantial compliance with Sections 2001.0225 through 2001.034. I feel the TLC had no intention of considering "the will of the People" in this matter. Your immediate attention will be appreciated.

Additional comments - Optional

Sincerely,

* (Required Fields) Your MUST provide your name, address, city, state and zip.

* Your Name:
*E-Mail OR Type Name Again:
Subject:
*Address:
* City & State:
*Zip Code

If you prefer to print and mail your own letter,
click here for a printable (pdf) version of the letter.

About Your Complaint

Normally the DA responds to each complaint with a letter. However, because I told them that they may see thousands of these letters, they may not be able to adhere to this policy. They told me that I could write one letter but I explained that I no longer trusted our "government" and felt it was best that they see for themselves how many people opposed this rule. There is power in numbers. I will fax and mail your letters to the DA and I'll let you know their response and when they take action.

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 & (512) 854-4810. The reason for this 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. Clearly the TLC decided they were going to change the game no matter what the People wanted so they broke the law in my opinion.

The Lotto Report
P. O. Box 495033
Garland, Texas 75049-5033
(972) 686-0660
(972) 681-1048 (Fax)