TICKETS. (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. 107, Sec. PROCUREMENTS. Sec. A contract awarded under this subsection must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a sales agent license under Section 466.155. (c) At the preliminary hearing, the sales agent must show cause why the license should not remain suspended pending a final hearing on suspension or revocation. Aug. 30, 1993. Sec. CHAPTER 31. 107, Sec. 559), Sec. (b) An offense under this section is a Class C misdemeanor. 59), Sec. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. Sept. 1, 1995. 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. 466.104. Amended by Acts 1995, 74th Leg., ch. CERTAIN TRANSFERS OF CLAIMS. Sec. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . Houston police say the display case contained $17,000 in lottery tickets. 6.12, eff. (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. CROCKETT - A 25-year-old Crockett woman is in jail after she allegedly stole over $47,000 in lottery tickets from the Wal-Mart Fuel Center. 4.03(b), eff. 6.07, eff. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. Sec. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. 1423, Sec. Unless the commission provides written notice to the assignor and assignee that the commission cannot comply with the court order, the commission shall thereafter make the prize payments in accordance with the court order. 466.160. (1) determine the ticket price, payout amounts, and manner in which the game is conducted; (2) make tickets to the game available for sale continuously to the extent practicable; and. 107, Sec. 466.309. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. Search Texas Statutes. 76, Sec. 466.158. 6, eff. Sec. 466.303. 758), Sec. CLAIMING LOTTERY PRIZE BY FRAUD. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . It states that "A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent" 466.157. September 1, 2007. 4.03(b), eff. 466.156. 107, Sec. 466.408. A license may not be transferred or assigned to any other person or location. 4, eff. Sept. 1, 1999. 6.33, eff. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. 2197), Sec. (e) The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission. 31.03 (b) (1). 323 (H.B. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. (a) The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires. 626), Sec. 2, eff. PUBLICITY OF INDIVIDUALS PROHIBITED. 6.18, eff. (a) The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter. Aug. 30, 1993. ASSIGNMENT OF PRIZES. 3, eff. 165, Sec. Sec. (a) A person commits an offense if the person, in a license application, in a book or record required to be maintained by this chapter or a rule adopted under this chapter, or in a report required to be submitted by this chapter or a rule adopted under this chapter: (1) intentionally or knowingly makes a statement or entry that the person knows to be false or misleading; or. DELIVERY OF FUNDS. Retail Theft (Shoplifting) Under Texas Law. The drawing and inspections must be recorded on video and audio tape. (d) It is a defense to the application of Subsection (b) that the individual younger than 18 years of age is participating in an inspection or investigation on behalf of the commission or other appropriate governmental entity regarding compliance with this section. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. 6(a), eff. 394, Sec. Amended by Acts 1995, 74th Leg., ch. 466.201. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. HB 2168, effective June 8, 2021, amended the Professional Sports Team . 466.305. 107, Sec. (D) Mexican Americans and other Americans of Hispanic origin. (a) The executive director may discharge from employment an employee of the commission who fails to provide a complete legible set of fingerprints on request. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. Aug. 30, 1993. 6.05, eff. May 1, 2022 . Greg Abbott. Texas State Offense: Gambling Promotion. Acts 2017, 85th Leg., R.S., Ch. The legislature intends that advertisements or promotions sponsored by the commission or the division for the lottery not be of a nature that unduly influences any person to purchase a lottery ticket or number. Sec. Aug. 30, 1993. (4) "Executive director" means the executive director of the commission. 76, Sec. An offender can also receive enhanced penalties for preventing or . (c) A person commits an offense if the person violates this section. 4.03(b), eff. 76, Sec. 76, Sec. The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal. 466.409. 6.40, eff. (a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 6.12, eff. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. 4.03(b), eff. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. Sec. (c) The commission may adopt rules governing the establishment and operation of the lottery, including rules governing: (1) the type of lottery games to be conducted; (3) the number of winning tickets and amount of the prize paid on each winning ticket; (4) the frequency of the drawing or selection of a winning ticket; (5) the number and types of locations at which a ticket may be sold; (6) the method to be used in selling a ticket; (7) the use of vending machines or electronic or mechanical devices of any kind, other than machines or devices that dispense currency or coins as prizes; (8) the manner of paying a prize to the holder of a winning ticket; (9) the investigation of possible violations of this chapter or any rule adopted under this chapter; (10) the means of advertising to be used for the lottery; (11) the qualifications of vendors of lottery services or equipment; (12) the confidentiality of information relating to the operation of the lottery, including: (B) security measures, systems, or procedures; (D) bids or other information regarding the commission's contracts, if disclosure of the information would impair the commission's ability to contract for facilities, goods, or services on terms favorable to the commission; (E) personnel information unrelated to compensation, duties, qualifications, or responsibilities; and. Sec. 59), Sec. 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.". 4.03(b), eff. 466.018. 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. According to the Texas penal code, Texas has jurisdiction of an offense for a persons conduct or conduct of another if: Click the card to flip . (2) notwithstanding Subsection (b)(4), transfer the amount estimated in Subdivision (1) to the foundation school fund before August installment payments are made under Section 48.273, Education Code. 3, eff. Robbery is a 2d degree felony in Texas. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or. 6.03, eff. (a) An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4.03(b), eff. Sec. 107, Sec. Added by Acts 1993, 73rd Leg., ch. 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. REPORTING AND RECORD VIOLATIONS. (2) expenses of operating the lottery and paying prizes are not expenses of state government. 2, eff. On July 19 at 3:00 am . (b) (3) in default on a loan guaranteed under Chapter 57, Education Code. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. 76, Sec. (B) the convenience of players and holders of winning tickets. 4.03(b), eff. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. 1394, Sec. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. Sections 4301-4333), as amended. 592, Sec. Aug. 30, 1993. (b) Repealed by Acts 2003, 78th Leg., ch. June 19, 2009. 6.25, eff. PROHIBITED GAMES. 4.03(b), eff. Sec. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b). Sec. 6.02, eff. Sept. 1, 1995. Added by Acts 1995, 74th Leg., ch. Penal Code 31.03 (a). (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. 107, Sec. Amended by Acts 1997, 75th Leg., ch. 201, Sec. The Texas State Law Library has many other resources in addition to the highlights we present below. (c) The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. 2, eff. The director shall set the salaries of these employees. 107, Sec. Sec. 4.03(b), eff. Sept. 1, 2003. An offense under this section is a Class A misdemeanor. The executive director shall transfer the money deducted under Subsection (b) or (c) to the appropriate person as determined by court order, the clerk of the court that issued the order for placement in the registry of the court, or the state disbursement unit under Chapter 234, Family Code, as appropriate. 4.03(b), eff. 107, Sec. 107, Sec. EXEMPTION FROM TAXATION. (d) The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section. IMMUNITY; CIVIL ACTIONS. 107, Sec. 5.95(14), 6.13, eff. 403 (S.B. Aug. 30, 1993. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. 76, Sec. (15) any other matter necessary or desirable as determined by the commission, to promote and ensure: (A) the integrity, security, honesty, and fairness of the operation and administration of the lottery; and. Theft From a Person. The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent. ASSISTANCE OF COMPTROLLER. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. Sept. 1, 1995. (b) The commission shall adopt rules to the extent they are not inconsistent with Chapters 551 and 552 governing the: (1) security for the lottery and the commission, including the development of an internal security plan; (2) apportionment of the total revenues from the sale of tickets and from all other sources in the amounts provided by this chapter; (3) enforcement of prohibitions on the sale of tickets to or by an individual younger than 18 years of age; and. 31.01. Aug. 30, 1993. 4.03(b), eff. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. Sept. 1, 1999. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . RULES. Acts 2013, 83rd Leg., R.S., Ch. A court order obtained pursuant to this section, together with all such prior orders, shall not require the commission to divide any single prize payment among more than three different persons. Counterfeit and Altered Tickets. Aug. 30, 1993. 74, Sec. The commission may adopt rules relating to a multijurisdiction lottery game or games. 2, eff. Sec. The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. Section 12101 et seq.). (c) Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure. what is a wood router good for; bts associate director salary; (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. GEORGETOWN, Tx. Amended by Acts 1995, 74th Leg., ch. 466.355. Added by Acts 1993, 73rd Leg., ch. 1178, Sec. 6.09, eff. (c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that: (1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree; (2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or. 107, Sec. Added by Acts 1995, 74th Leg., ch. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. Sec. 76, Sec. (3) property in the custody of any law enforcement agency was explicitly represented by any law . Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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. September 1, 2013. 466.102. Sept. 1, 2003. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. (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 alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor. Aug. 30, 1993. 76, Sec. (4) enforcement of prohibitions on a person playing a lottery game by telephone. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. 678, Sec. 458, Sec. Aug. 30, 1993. 76, Sec. 466.255 and amended by Acts 1995, 74th Leg., ch. 1545), Sec. 466.016. 107, Sec. 403 (S.B. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. 4.03(b), eff. - Fast full-text search to quickly find . 937 (H.B. Added by Acts 1993, 73rd Leg., ch. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. 466.357. Added by Acts 1993, 73rd 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. PROHIBITED CONTRACTS. (Tex. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. Texas Penal Code Sec. The report must be in the form and reported in the time provided by the General Appropriations Act. 1, eff. (2) aids or agrees to aid another person or persons to claim a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation. Sept. 1, 1999. Amended by Acts 1995, 74th Leg., ch. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 2509), Sec. The commission shall adopt rules governing the competitive bidding process. CHAPTER 32. PROCUREMENT PROCEDURES. 466.308. 4.03(b), eff. 1104, Sec. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. 466.203. The player also acknowledges that the determination of whether the player is a valid winner is subject to: (1) the commission's rules and claims procedures, including those developed for the particular lottery game involved; and. 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. PAYMENT OF PRIZE AWARDED TO MINOR. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Please call us at (512) 463-1722 if you have any questions about these materials. 4.03(b), eff. Amended by Acts 1997, 75th Leg., ch. May 20, 2009. June 20, 2003. 993 (H.B. Sec. Acts 2013, 83rd Leg., R.S., Ch. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. Sept. 1, 2003. Added by Acts 1993, 73rd Leg., ch. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. LIABILITY OF SALES AGENT. 466.3051. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. 76, Sec. June 7, 2019. In Texas Penal Code Section 29.02 (a) (1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury to another. 466.161. 8.2, eff. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. The investments may be in securities, annuities, or other instruments as determined by the comptroller. 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. (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. The commission by rule shall establish a procedure to determine what constitutes a major procurement based on the cumulative value of a contract and other relevant factors. 6.31, eff. 37), Sec. Amended by Acts 1995, 74th Leg., ch. 466.406. Amended by Acts 1995, 74th Leg., ch. September 1, 2009. Amended by Acts 1995, 74th Leg., ch. 76, Sec. Aug. 30, 1993. (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. Sept. 1, 1995. 4.03(b), eff. 22990010 burglary of bldng enter/conceal intnd theft cs 30.02(c-1)(2) pc f3 22990011 burglary of vehicles 30.04(d) pc ma . Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for: (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. 74 (H.B. UNCLAIMED PRIZES. Amended by Acts 1995, 74th Leg., ch. 76, Sec. If you do steel then too, it's not like you can cash them either because we have a button on the terminal that stops payment on all tickets sold at the store until we. SUMMARY SUSPENSION OF LICENSE. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. Sec. (f) A certified copy of a court order granted under this section shall be delivered to the commission and such order must be provided to the commission no later than 20 days prior to the date upon which the first assigned payment is to be paid to the assignee. 466.0161. REVIEW BY COMPTROLLER. Added by Acts 1993, 73rd Leg., ch. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. Sec. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. It can take place in 2 ways. (a) The executive director and each lottery operator shall take positive steps to: (1) inform minority businesses of opportunities to: (A) provide lottery equipment and supplies to the commission; (B) provide services, including advertising, to the commission for the operation of the lottery; or. (3) offers, for compensation, to claim the prize of another person. Amended by Acts 1995, 74th Leg., ch. Sec. 76, Sec. EXPIRATION OF LICENSE; RENEWAL. Added by Acts 1993, 73rd Leg., ch. Sec. 1394, Sec. 6.41, eff. 1.02, eff. 4, eff. 466.015. Amended by Acts 1995, 74th Leg., ch. Sec. (2) a power granted to the comptroller may be exercised by the commission. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 1, eff. SUBCHAPTER J. 4.03(b), eff. Sept. 1, 1995. Sept. 1, 1995. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (D) the director of the lottery division of the Texas Lottery Commission. GENERAL PROVISIONS. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 107, Sec. Refreshed: 2021-06-07 466.204. Sec. Sept. 1, 1995. 506 (S.B. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. 14.760, eff. 1), Sec. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. Sec. Added by Acts 1993, 73rd Leg., ch. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. 198, Sec. 76, Sec. 466.020. 107, Sec. If a sales agent refuses to permit an examination or to answer any question authorized by this subsection, the executive director may summarily suspend the license of the sales agent under Section 466.160 until the examination is completed as required. Sec. Aug. 30, 1993. In this chapter: (1) "Commission" means the Texas Lottery Commission. (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. 5, eff. The plan must at a minimum include: (B) the effectiveness of specific programs and initiatives; (C) the ongoing efficiency of agency operations; (D) the amount of lottery revenue that is generated for state purposes other than the payment of prizes; and. 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