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 1                 TRANSCRIPT OF PROCEEDINGS
 2                         BEFORE THE
 3                  TEXAS LOTTERY COMMISSION
 4                       AUSTIN, TEXAS
 5   
     16 TEXAS ADMINISTRATIVE CODE §
 6   §402.204                     §
     (PROHIBITED PRICE FIXING)    §
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 8                PUBLIC COMMENT ON RULEMAKING
 9                   WEDNESDAY, MAY 2, 2007
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11                  BE IT REMEMBERED THAT on Wednesday,
12   the 2nd day of May 2007, the above-entitled public
13   comment hearing was held from 9:07 a.m. to 9:08 a.m.,
14   at the Offices of the Texas Lottery Commission, 611
15   East 6th Street, Austin, Texas  78701, before SANDRA
16   JOSEPH, ASSISTANT GENERAL COUNSEL.  The following
17   proceedings were reported via machine shorthand by
18   Aloma J. Kennedy, a Certified Shorthand Reporter of
19   the State of Texas, and the following proceedings were
20   had:
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0002
 1                        APPEARANCES
 2   
 3   ASSISTANT GENERAL COUNSEL:
               Ms. Sandra Joseph
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 5   ASSISTANT DIRECTOR, CHARITABLE BINGO OPERATIONS
     DIVISION:
 6             Mr. Phil Sanderson
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0003
 1                   P R O C E E D I N G S
 2                  WEDNESDAY, MARCH 2, 2007
 3                        (9:07 a.m.)
 4                  MS. JOSEPH:  Good morning.  I'm Sandra
 5   Joseph, Assistant General Counsel of the Legal
 6   Division for the Lottery Commission.  With me is Phil
 7   Sanderson, Assistant Director of the Charitable Bingo
 8   Operations Division.
 9                  I would like to call to order a hearing
10   to receive public comments regarding proposed Rule 16
11   TAC §402.204 pertaining to prohibited price fixing.
12                  On February 21, 2007, the Commission
13   voted to publish new rule 16 TAC §402.204 pertaining
14   to prohibited price fixing in order to provide
15   additional information to manufacturers, distributors
16   and authorized organizations relating to Texas
17   Occupations Code §2001.556 regarding prohibited price
18   fixing.
19                  On April 4, 2007, it was discovered
20   that an incorrect version of the proposed rule had
21   been published in the Texas Register on March 9, 2007.
22   On April 6, 2007, the incorrect version of the rule
23   was withdrawn and a correct proposed rule filed with
24   the Texas Register.  The incorrect version was the
25   version presented to the Commission in December 2006
0004
 1   that was not acted on by the Commission.
 2                  A hearing was held on March 30th in
 3   order to receive public comments on the proposed rule.
 4   The correct version of the proposed rule was provided
 5   to those attending the hearing.  All comments received
 6   at the comment hearing supported adoption of the rule.
 7   One written comment was received relating to the
 8   definition of "supplier."
 9                  Today's hearing is to receive comments
10   on the rule that was published in the April 20, 2007,
11   Texas Register.  All comments previously received on
12   the version of the rule that was published previously
13   will be incorporated into this record.
14                  I see no one in the room today other
15   than the reporter, Mr. Sanderson and myself, who wish
16   to present comments.
17                  It is now 9:08.  The hearing was
18   scheduled for 9 o'clock.  There being no one here to
19   offer comments, this hearing is closed.
20                  (Hearing closed:  9:08 a.m.)
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0005
 1                   C E R T I F I C A T E
 2   STATE OF TEXAS    )
 3   COUNTY OF TRAVIS  )
 4                  I, Aloma J. Kennedy, a Certified
 5   Shorthand Reporter in and for the State of Texas, do
 6   hereby certify that the above-mentioned matter
 7   occurred as hereinbefore set out.
 8                  I FURTHER CERTIFY THAT the proceedings
 9   of such were reported by me or under my supervision,
10   later reduced to typewritten form under my supervision
11   and control and that the foregoing pages are a full,
12   true and correct transcription of the original notes.
13                 IN WITNESS WHEREOF, I have hereunto set
14   my hand and seal this 16th day of May 2007.
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                           ________________________________
17                         Aloma J. Kennedy
                           Certified Shorthand Reporter
18                         CSR No. 494 - Expires 12/31/08
19                         Firm Certification No. 276
                           Kennedy Reporting Service, Inc.
20                         Cambridge Tower
                           1801 Lavaca Street, Suite 115
21                         Austin, Texas  78701
                           512.474.2233
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