4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. (b-1) Notwithstanding Subsection (b), if the legislature appropriates money from the general revenue fund to the programs described by Subsection (b) in an amount equal to the maximum amount of money that could be appropriated from unclaimed prize money to those programs under that subsection, all unclaimed prize money must be deposited to the credit of the foundation school fund. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. A 37-year-old Victorville man has been arrested more than two weeks after allegedly stealing about $5,000 in California Lottery scratcher tickets, according to the Hesperia Police Department. Added by Acts 1993, 73rd Leg., ch. Sec. (2) a power granted to the comptroller may be exercised by the commission. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 107, Sec. 2197), Sec. This app contains statutes current with the 87th Legislature. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 76, Sec. 431 (S.B. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. 466.020. 993 (H.B. The deputy and all investigators employed by the department of security as peace officers must meet the requirements under Chapter 415 for employment and commission as peace officers. 4.03(b), eff. The commission by rule shall establish the procedures for depositing money from ticket sales into electronic funds transfer accounts, as well as other procedures regarding the handling of money from ticket sales. PENAL CODE. (b) An offense under this section is a Class C misdemeanor. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1999. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. i bought a flip or flop house. 466.105. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. Added by Acts 1995, 74th Leg., ch. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the prize involved is greater than $10,000, in which event the offense is a felony of the second degree. September 1, 2013. (b) An offense under this section is a felony of the third degree. 76, Sec. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. (d) With respect to any given prize, the order shall also recite and identify all prior assignments by amount of or fraction of payment assigned, the identity of the assignee, and the date(s) of payment(s) assigned. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. Acts 2013, 83rd Leg., R.S., Ch. 76, Sec. Added by Acts 1993, 73rd Leg., ch. June 17, 2011. What is Theft by Deception Under Texas Law? Sec. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 466.152. (c) At a hearing, an applicant or sales agent must show by a preponderance of the evidence why the application should not be denied or the license suspended or revoked. The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game. 4.03(b), eff. COMPREHENSIVE BUSINESS PLAN. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". (B) the remainder to the foundation school fund. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. The director may prescribe the terms under which a suspended license will be reissued. (a) Repealed by Acts 2011, 82nd Leg., ch. 76, Sec. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. 466.4001. (a) The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter. Amended by Acts 1997, 75th Leg., ch. 107, Sec. (8) "Player" means a person who contributes any part of the consideration for a ticket. The commission shall provide the governor and the legislature, before the convening of each regular legislative session, with a summary of the security study that shows the overall evaluation of the lottery's security. A license may not be transferred or assigned to any other person or location. Sec. (c) The overall estimated odds of winning a prize in a particular lottery game must be printed on each ticket and prominently displayed in association with the sale of lottery products. 466.254. 76, Sec. 466.408. (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001. 8.2, eff. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. texas penal code theft of lottery tickets most tackle points in one match. 403, Sec. Sec. 76, Sec. Larceny of tickets; fraudulent notification of prizes; penalty. September 1, 2013. Added by Acts 1993, 73rd Leg., ch. 107, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. Aug. 30, 1993. 689 (H.B. Amended by Acts 1995, 74th Leg., ch. 466.311. 6.32, eff. 626), Sec. (d) The state is discharged of all further liability on the payment of a prize under Section 466.403, 466.404, 466.406, 466.407, or 466.410 or this section or under any additional procedures established by rule. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. The commission may retain that revenue in the fund for as long as necessary to pay prizes claimed during the period designated for claiming a prize in the multijurisdiction lottery game. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. 76, Sec. EXEMPTION FROM TAXATION. REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE. 107, Sec. June 19, 2009. 466.001. Added by Acts 1993, 73rd Leg., ch. Sec. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Aggravated Robbery - Texas Penal Code Section 29.03 defines this as: (a) A person commits an offense if he commits robbery as defined in Section 2902, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or. 6, eff. 1, eff. 466.354. Added by Acts 1993, 73rd Leg., ch. 1, eff. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. 76, Sec. 626), Sec. GENERAL PROVISIONS. 466.410. June 14, 2013. Sec. (b) If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner. 466.252. 466.353. MULTIJURISDICTION AGREEMENT AUTHORIZED. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6(a), eff. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 993 (H.B. (a) A person may assign, in whole or in part, the right to receive prize payments that are paid by the commission in installments over time if the assignment is made to a person designated by an order of a district court of Travis County, except that a person may not assign the right to receive prize payments if the person is subject to a child support order and is delinquent in making support payments under that order. Added by Acts 1993, 73rd Leg., ch. Sec. Aug. 30, 1993. (b) In all procurement decisions, the commission and executive director shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of producing revenues for the state treasury. Theft is a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000, 10 or more head of . 466.304. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. Statistics show that 2019's 496,279 Texas larceny thefts averaged $1,624 in value for a total Texas larceny-theft loss of $805,938,632. (d) A party who is aggrieved by the commission's resolution of a protest under Subsection (c) may file an action in the district court of Travis County. 442), Sec. Added by Acts 1993, 73rd Leg., ch. According to . 107, Sec. When the executive director files a copy of the letter, ruling, or published decision with the secretary of state, an assignor is ineligible to assign a prize under this section, and the commission shall not make any payment to an assignee pursuant to a court order entered after the date of such letter or ruling. Aug. 30, 1993. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. 4.03(b), eff. Sec. (a) On request of the executive director, the comptroller shall assist the executive director in: (1) acquiring facilities, supplies, materials, equipment, and services under Subtitle D, Title 10; or. Acts 2013, 83rd Leg., R.S., Ch. 76, Sec. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. The study must include the income, age, sex, race, education, and frequency of participation of players. The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first. 6.08, eff. (b) An individual who is younger than 18 years of age commits an offense if the individual: (2) falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket. 76, Sec. PROHIBITED GAMES. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. 1 / 163. 6.21, eff. UNCLAIMED PRIZES. (b) The executive director may employ security officers or investigators as the executive director considers necessary and may commission security officers or investigators as peace officers. 466.3052. Sec. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. The applicant or sales agent shall notify the director of the change in the information not later than the 10th day after the date of the change. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 1104, Sec. 466.106. Sept. 1, 2003. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. (b) A lottery operator may sell tickets to a sales agent. 6.45, eff. 76, Sec. 3.04(a), eff. September 1, 2017. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. (b) The executive director may establish a provisional license or other classes of licenses necessary to regulate and administer the quantity and type of lottery games provided at each licensed location. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. Sec. Aug. 30, 1993. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. Aug. 30, 1993. 3560), Sec. (b) An offense under this section is a Class A misdemeanor. Aug. 30, 1993. 76, Sec. Sec. MINORITY BUSINESSES. The account consists of all revenue received from the sale of tickets, license and application fees under this chapter, and all money credited to the account from any other fund or source under law. Sec. 4 (S.B. Sept. 1, 1995. June 17, 2011. Acts 2009, 81st Leg., R.S., Ch. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. 5.95(94), 6.09, eff. 1385 (S.B. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on: (2) an employee or prospective employee of the commission; (3) a person required to be named in a license application; (4) a lottery operator or prospective lottery operator; (5) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (6) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (7) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission; (8) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; or. Each of those items is subject to discovery by a person that is the subject of the item. Counterfeit and Altered Tickets. Under Title 7, Section 31.03 of the Texas Penal Code, "A person commits an offense [theft] if he unlawfully appropriates property with intent to deprive the owner of property.". 5.95(83), (94), 6.04, eff. Aug. 30, 1993. 76, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sec. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. 466.103. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. SALE OF TICKET ON CREDIT. what is a wood router good for; bts associate director salary; Sept. 1, 1997; Acts 2001, 77th Leg., ch. Larceny of tickets; fraudulent notification of prizes; penalty. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. 14.761, eff. Added by Acts 1993, 73rd Leg., ch. First, consider the primary form of theft known as larceny theft. 4.03(b), eff. GA-0812. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. Sec. September 1, 2021. 1, eff. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. Aug. 30, 1993. (2) the issuance by a court of a published decision holding that, based on the right of assignment as provided by this section, a lottery prize winner who does not assign prize payments would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid. (a) The director may authorize prizes to be paid by warrants to be drawn on the state lottery account. 107, Sec. Sept. 1, 1995. 6.04, eff. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Menu. 4, eff. Sept. 1, 1995. 6.11, eff. (c) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; INVESTIGATIONS. 6.12, eff. Amended by Acts 1995, 74th Leg., ch. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Sec. (F) information obtained by commission security officers or investigators; (13) the development and availability of a model agreement governing the division of a prize among multiple purchasers of a winning ticket purchased through a group purchase or pooling arrangement; (14) the criteria to be used in evaluating bids for contracts for lottery facilities, goods, and services; or. 678, Sec. If the assignor is married and the sworn and notarized statement is not presented to the court, the court shall determine, to the extent necessary and as appropriate under applicable law, the ability of the assignor to make the proposed assignment without the spouse's consent. (a) Except as provided by Subsection (d), all revenue received from the sale of tickets and all money credited to the state lottery account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the director. 1, eff. (a) Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure. 3, eff. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. (b) Money received by a sales agent from the sales of tickets, less the amount retained for prizes paid by the sales agent or for the agent's commission, if any, together with any unsold tickets, shall be held in trust for the benefit of the state before delivery to a lottery operator or the division or electronic transfer to the state treasury, and the sales agent is liable to the division for the full amount of the money or unsold tickets so held. Search Texas Statutes. The report must be in the form and reported in the time provided by the General Appropriations Act. Sept. 1, 1997. June 19, 1999. PAYMENT OF PRIZES GENERALLY. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as . Sec. 466.205. 466.014. A notice may be served on an applicant or sales agent personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. 76, Sec. Division employees are specifically exempted from Chapter 654. 466.411. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. The executive director shall reimburse the department for the actual cost of an investigation. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . 76, Sec. 4.03(b), eff. 76, Sec. 466.161. Under Texas law, ( Penal Code 47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. 466.016. 466.108. Acts 2011, 82nd Leg., R.S., Ch. Sec. Amended by Acts 1995, 74th Leg., ch. The drawing and inspections must be recorded on video and audio tape. AGGREGATION OF AMOUNTS INVOLVED. 12.34 Third Degree Felony Punishment (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. Sec. 76, Sec. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . GROUP PURCHASE ARRANGEMENTS. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. 626), Sec. 2, eff. Petty theft is a misdemeanor punishable by. (In California, for any prize over $350,000, an investigation is automatically launched.) Added by Acts 1993, 73rd Leg., ch. (a) A person commits an offense if the person intentionally or knowingly sells a ticket at a price the person knows is greater than that fixed by the commission or by the lottery operator authorized to set that price. 51, eff. Lottery ticket fraud of this type can be punished under multiple laws. 3, eff. SALE OF TICKET AT UNAUTHORIZED LOCATION. 466.018. Sec. Added by Acts 1993, 73rd Leg., ch. 403 (S.B. 466.027. (b) This section does not waive any immunity of the commission or this state. (b) The commission shall conduct an investigation of and obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) the executive director or a prospective executive director; or. The notice must be personally served on the sales agent or an officer, employee, or agent of the sales agent or sent by certified or registered mail, return receipt requested, to the sales agent's mailing address as it appears on the commission's records. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. Sept. 1, 1997. 76, Sec. 3.078, eff. (a) Except as provided by Subsection (b), the executive director may not award a contract for the purchase or lease of facilities, goods, or services related to lottery operations to a person who would be denied a license as a sales agent under Section 466.155. 758), Sec. 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