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Texas Lottery Commission v. First State Bank of DeQueen

The district court did not err in holding that sections 9.406 and 9.102 of the Texas UCC render ineffective Texas Government Code ��466.406 and 466.410 to the extent the latter purport to restrict or prohibit the assignment of lottery prize payments. Austin Court of Appeals, 03-07-00249-CV

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OPINION

In 1995, appellee Cletius Irvan won approximately $9 million in the Texas Lottery, to be paid in annual installments of around $450,000. Pursuant to an Arkansas court order that has been domesticated in Texas, Irvan has attempted to sell and assign his right to receive the last two installment payments, which are due in 2013 and 2014. The lottery act (at least as interpreted by the Texas Lottery Commission) explicitly prohibits this assignment, while the Texas UCC not only allows such assignments, but provides that any state law restricting them is, to that extent, rendered ineffective. The question presented in this appeal is which statute controls. Agreeing with the district court that the UCC controls, we affirm its judgment.

THE STATUTES

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