107, Sec. 5, eff. (B) the convenience of players and holders of winning tickets. If an individual listed in Section 466.254 purchases a ticket or claims or otherwise attempts to collect or receive a lottery prize or a share of a lottery prize or an individual younger than 18 years of age directly purchases a ticket, the individual is not eligible to receive a prize or share of a prize, and the prize or share of a prize otherwise payable on the ticket is treated as an unclaimed prize as provided by Section 466.408. 107, Sec. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 993 (H.B. 6.47, eff. (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. DISPLAY OF LICENSE. 76, Sec. 6.40, eff. 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 . Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 6.21, eff. PROHIBITED CONTRACTS. A license may not be transferred or assigned to any other person or location. Robbery is a 2d degree felony in Texas. 6.12, eff. 3, eff. 107, Sec. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Acts 2011, 82nd Leg., 1st C.S., Ch. 3), Sec. The investments may be in securities, annuities, or other instruments as determined by the comptroller. 198, Sec. The maximum penalty is a year of imprisonment. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995. (b) The payment of a prize in an amount of $600 or more may be made only by the director. Amended by Acts 1995, 74th Leg., ch. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. (a) The executive director shall maintain a department of security in the commission. September 1, 2017. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. 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. Sec. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 4, eff. (c) If a claim is not made for a prize other than prize money on or before the 180th day after the date on which the winner was selected, the prize shall revert to the division for use in subsequent games. Theft. Refreshed: 2021-06-07 (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. Acts 2013, 83rd Leg., R.S., Ch. 1.02, eff. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . (3) the person has previously been convicted of an offense under Section 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2). Amended by Acts 1997, 75th Leg., ch. 4.03(b), eff. GEORGETOWN, Tx. 107, Sec. (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. 4.03(b), eff. 3.02, eff. 1, eff. (c) It shall be the responsibility of the assignor to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. 76, Sec. Acts 2009, 81st Leg., R.S., Ch. 74 (H.B. 107, Sec. Under Section 32.31, CREDIT CARD or DEBIT CARD ABUSE is defined as follows: CREDIT CARD or DEBIT CARD ABUSE is when a person uses a debit or credit card, whether expired or not, that the owner of that card did not consent to that cards use. Acts 2017, 85th Leg., R.S., Ch. 431 (S.B. A hearing under this section is subject to Section 2001.058(e). (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. Amended by Acts 1995, 74th Leg., ch. September 1, 2013. September 1, 2007. If notice is served by mail, the sales agent shall immediately return the license to the commission. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. 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. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. Aug. 30, 1993. The state auditor may review the results of and working papers related to the audit. 696, Sec. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. (b) An offense under this section is a Class C misdemeanor. 4.03(b), eff. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . Added by Acts 1993, 73rd Leg., ch. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. 758), Sec. Added by Acts 1995, 74th Leg., ch. (c) The commission shall market and advertise the lottery game operated under this section in a manner intended to inform the public that the game tickets are available for purchase and that the game proceeds are used to fund veterans programs in this state. 32.01. 1 / 163. Added by Acts 1993, 73rd Leg., ch. 6.31, eff. DEMOGRAPHIC STUDIES. 466.202. 466.410. (c) A security officer or investigator employed by the department of security or a peace officer who is working in conjunction with the commission or the Department of Public Safety in the enforcement of this chapter, without a search warrant, may search and seize a lottery vending machine, lottery computer terminal, or other lottery equipment that is located on premises for which a person holds a sales agent license issued under this chapter. 107, Sec. 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. 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. 466.3011. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 76, Sec. 76, Sec. Sec. Added by Acts 1993, 73rd Leg., ch. (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. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. 1, eff. i bought a flip or flop house. 76, Sec. 1655), Sec. Sec. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. Id. 466.157. 6.28, eff. The application must state the basis for the applicant's claim to be the successor in interest to the sales agent and must contain a certification that the applicant would be eligible for a license under Section 466.155. 4.03(b), eff. PROCUREMENT PROCEDURES. DEFINITIONS. SHORT TITLE. 466.205. Sept. 1, 1995; Acts 1997, 75th Leg., ch. DEFINITIONS. 6.02, eff. Added by Acts 1993, 73rd Leg., ch. (a) A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing. 107, 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. (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. 76, Sec. Sept. 1, 1995. Added by Acts 2009, 81st Leg., R.S., Ch. Sec. 466.105. (b) A lottery operator may sell tickets to a sales agent. 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. The study must include the income, age, sex, race, education, and frequency of participation of players. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. Sec. (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. Renumbered from Sec. (b) The commission shall review and must approve all major procurements as provided by commission rule. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. 6.15, eff. Amended by Acts 1995, 74th Leg., ch. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. 2197), Sec. 466.028. June 17, 2011. 31.03 (b) (1). (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. Acts 2013, 83rd Leg., R.S., Ch. 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. 1, eff. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. 107, Sec. Aug. 30, 1993. 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. (f) The director may not issue a license to an applicant who fails to certify to the director the applicant's compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. 466.3051. Product Features: - The full text of the Texas Penal Code. Sept. 1, 1995. (c) For purposes of this section, the amount of a lottery prize is the total amount of prize money paid to a prize winner for a single lottery prize claim, whether paid in one payment or in periodic installments, before deducting any federal tax withholdings or other deductions required by law. Sec. For purposes of the application of Title 2 of the Tax Code: (1) the state's share of proceeds from the sale of lottery tickets is treated as if it were a tax; and. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. (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. (C) obtain a license to sell lottery tickets; (2) waive or modify bond requirements, if feasible; (3) award contracts for lottery equipment or supplies to minority businesses when possible; (4) award contracts for lottery services, including advertising, to minority businesses when possible; (5) license minority businesses as sales agents; (6) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and. Added by Acts 1993, 73rd Leg., ch. If the director determines that prize money is to be paid in installments, the comptroller shall invest funds from the state lottery account as necessary to ensure the payment of the installments. May 20, 2009. Sept. 1, 1997. 781, Sec. (a) The division shall retain an unclaimed prize on a winning ticket for payment or delivery to the person entitled to the prize for 180 days after the date on which the winner was selected. 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. Sec. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. The attorney general, the district attorney for Travis County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which the violation or alleged violation occurred may investigate a violation or alleged violation of this chapter and of the penal laws of this state by the commission or its employees, a sales agent, a lottery vendor, or a lottery operator. 107, Sec. Sept. 1, 1995. LICENSE APPLICATION; FEE. 4.03(b), eff. 403 (S.B. 4.03(b), eff. 466.1005. 466.255 and amended by Acts 1995, 74th Leg., ch. Sec. June 14, 2013. Aug. 30, 1993. 2197), Sec. 4.03(b), 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. The executive director shall reimburse the department for the actual cost of an investigation. 4.03(b), eff. 458, Sec. Aug. 30, 1993. 466.405. (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. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . california state library staff. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. Sept. 1, 1995. texas penal code theft of lottery tickets most tackle points in one match. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. Renumbered from Sec. 76, Sec. Added by Acts 1993, 73rd Leg., ch. 506 (S.B. 107, Sec. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. 6.20, eff. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. 466.403. A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract. (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. This app contains statutes current with the 87th Legislature. The commission shall provide for a formal administrative hearings process. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. Sec. 76, Sec. (a) Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. TREATMENT OF PRIZE PAYABLE ON TICKET PURCHASED BY INELIGIBLE PERSON. 689 (H.B. 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. - Fast full-text search to quickly find . Aug. 30, 1993. 76, Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. According to . The certified public accountant shall present an audit report to the executive director, the commission, the governor, the comptroller, and the legislature not later than the 30th day after the submission date for the annual financial report required by the General Appropriations Act. Penal Code 47.03 creates an offense for gambling promotion. (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. 1385 (S.B. June 17, 2011. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 4.03(b), eff. Sec. Sec. (a) A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to: (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery. 76, Sec. Sec. Recent Changes to the Laws. 18.21, eff. Added by Acts 1993, 73rd Leg., ch. September 1, 2017. 466.026. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. Sept. 1, 1995. Larceny of tickets; fraudulent notification of prizes; penalty. Aug. 30, 1993. Sec. Aug. 30, 1993. Sec. TICKETS. If the sales agent uses an on-line electronic terminal to sell tickets, the director or a lottery operator on the instructions of the director may terminate the connection of the terminal to the commission's lottery computer at the time: (1) the proceeding to summarily suspend the license is initiated; or. An advertisement or promotion for the lottery may not contain the likeness or name of a state officer, including a commission member or the executive director, or an officer or employee of the commission. 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; 1104, Sec. June 17, 2011. Sec. June 17, 2011. 466.101. Amended by Acts 1995, 74th Leg., ch. 6.36, eff. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. May 1, 2022 . (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. Added by Acts 1993, 73rd Leg., ch. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. The notice must state the alleged violations that constitute grounds for summary suspension. 993 (H.B. Amended by Acts 1995, 74th Leg., ch. (c) The director shall pay the cash equivalent of a prize other than prize money if the person entitled to claim the prize is a minor. 993 (H.B. Sec. A. Aug. 30, 1993. Aug. 30, 1993. 6.09, eff. Amended by Acts 1995, 74th Leg., ch. 1035, Sec. Acts 2013, 83rd Leg., R.S., Ch. 2, eff. 2.72(b), eff. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sec. (3) offers, for compensation, to claim the prize of another person. SALE OF TICKET ON CREDIT. 696, Sec. 76, Sec. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE. 6.26, eff. 107, Sec. (b) If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired. 678, Sec. 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. 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. 76, Sec. The acquisition of transmission facilities must be done on a competitive bid basis if possible. COMPENSATION OF SALES AGENT. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. 4, eff. Although theft of a lottery ticket can seem like any other type of theft out there, it is punished significantly more harshly than simple theft charges. Refreshed: 2021-06-07 (b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority: (1) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to the Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund, or appropriated from that account to provide indigent health care services as specified in Chapter 61, Health and Safety Code; (2) not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services; (3) the remaining amount, not to exceed $5 million in prize money in each state fiscal year less any amount deposited in the fund in that year attributable to the lottery game operated under Section 466.027, shall be deposited to the fund for veterans' assistance; and. 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