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texas penal code theft of lottery tickets

198, Sec. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. 466.158. 8, eff. (b) The comptroller periodically shall file reports with the executive director providing information regarding the revenue credited to the state lottery account, the investments of the money in the account, and the distributions made from the account. 1394, Sec. Aug. 30, 1993. Sept. 1, 1997; Acts 1999, 76th Leg., ch. For more information, see Texas Penal Code Section 31.03(e)(4)(B). 403 (S.B. 1, eff. Amended by Acts 1995, 74th Leg., ch. (b) The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or sales agent fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application. 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. 2197), Sec. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. 1, eff. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. (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. 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. 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.". A thief who stole two whole bins of Texas Lottery scratch-off tickets from a gas station has been caught by police after he attempted to cash in a prize. 2197), Sec. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. Amended by Acts 1999, 76th Leg., ch. 14.760, eff. 14.761, eff. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . It can take place in 2 ways. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. (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. 1385 (S.B. 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. 76, Sec. Amended by Acts 1995, 74th Leg., ch. The commission shall adopt rules governing the competitive bidding process. 466.358. 6.40, eff. 4.03(b), eff. Penal Code 31.03 (a). -To insure the public safety through: (A) the deterrent influence of the penalties. PAYMENT OF PRIZE IN INSTALLMENTS. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. - Fast full-text search to quickly find . Id. (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 . 466.304. Sept. 1, 1995. (a) Except as provided by this section, revenue received from the sale of tickets in this state for a multijurisdiction lottery game is subject to Subchapter H. (b) The commission may deposit a portion of the revenue received from the sale of multijurisdiction lottery game tickets in this state into a fund shared with other parties to an agreement under this subchapter for the payment of prizes awarded in multijurisdiction lottery games in which the commission participates. 689 (H.B. Amended by Acts 1995, 74th Leg., ch. 466.027. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. September 28, 2011. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 466.251. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . 6.20, eff. 18.21, eff. 4.03(b), eff. Division employees are specifically exempted from Chapter 654. Sec. SUBCHAPTER A. 4.03(b), eff. 466.104. If the sales agent is not an individual, each officer, director, or owner of the sales agent is personally liable to the division for the full amount of the money or unsold tickets held in trust for the benefit of the state. Amended by Acts 1995, 74th Leg., ch. Sec. June 14, 2013. 466.159. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. contact us : 220 948-8593, email : deeperlife@gmail.com. Aug. 30, 1993. Recent Changes to the Laws. Amended by Acts 1995, 74th Leg., ch. (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. (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. 141 (H.B. (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. 5.95(14), 6.13, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. GROUP PURCHASE ARRANGEMENTS. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . Acts 2009, 81st Leg., R.S., Ch. 2.72(b). (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. (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. 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. Amended by Acts 1995, 74th Leg., ch. COMPENSATION OF SALES AGENT. Terms in this set (285) Objectives of Code. 559), Sec. 107, Sec. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. (a) The executive director shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be: (1) delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the comptroller under Section 403.055; (2) in default on a loan made under Chapter 52, Education Code; or. MINORITY BUSINESSES. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. (b) Repealed by Acts 2003, 78th Leg., ch. 107, Sec. TITLE 7. 76, Sec. 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. Sec. 1394, Sec. (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. Sept. 1, 1995. 6.35, eff. Sept. 1, 1995. 1.51, eff. Sec. Aug. 30, 1993. DELIVERY OF FUNDS. 4.03(b), eff. 466.403. Please call us at (512) 463-1722 if you have any questions about these materials. 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. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1999, 76th Leg., ch. 1104, Sec. 78, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. June 17, 2011. June 17, 2011. Sec. 198, Sec. Aug. 30, 1993. Added by Acts 1995, 74th Leg., ch. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. Sept. 1, 1995. 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 . 466.451. 76, 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. PENAL CODE. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. 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. 107, 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. Aug. 30, 1993. 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" 6.23, eff. california state library staff. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). 107, Sec. 107, Sec. Larceny of tickets; fraudulent notification of prizes; penalty. The estimate must be based on reasonable projections and past experience. 107, Sec. Sept. 1, 1995. 76, Sec. Acts 2013, 83rd Leg., R.S., Ch. Aug. 30, 1993. Added by Acts 1995, 74th Leg., ch. 466.313. 74 (H.B. 1, eff. Theft between $2,500 and $30,000 is a state jail felony. 107, Sec. (In California, for any prize over $350,000, an investigation is automatically launched.) (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. Robbery is a 2d degree felony in Texas. (c) An offense under this section is a felony of the third degree. 4.03(b), eff. 6.14, eff. Sec. 62, 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. 31.01. 6.33, eff. 107, Sec. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Added by Acts 1993, 73rd Leg., ch. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 466.253 and amended by Acts 1995, 74th Leg., ch. 2197), Sec. CONSPIRACY. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: 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. 1555), Sec. 466.312. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. 466.402. For purposes of this subsection, the . Sept. 1, 1997. (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. AGGREGATION OF AMOUNTS INVOLVED. 466.101. (3) in default on a loan guaranteed under Chapter 57, Education Code. 678, Sec. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. 107, Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. 466.410. Amended by Acts 1995, 74th Leg., ch. 466.105. 993 (H.B. 4.03(b), eff. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. IMMUNITY; CIVIL ACTIONS. (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. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. DEFINITIONS. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. 4.03(b), eff. 466.3051. Sept. 1, 1995. June 7, 2019. 5(a), eff. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. 1104, Sec. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). Amended by Acts 1995, 74th Leg., ch. ENFORCEMENT. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. 993 (H.B. Sec. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. 76, Sec. Added by Acts 1993, 73rd Leg., ch. If the director denies an application based on another factor, the director may not refund any part of the application fee. Amended by Acts 1995, 74th Leg., ch. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. September 1, 2013. Sec. This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code. 76, Sec. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. Amended by Acts 1999, 76th Leg., ch. OFFENSES AGAINST PROPERTY. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. If notice is served by mail, the sales agent shall immediately return the license to the commission. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. ANNUAL REPORT. AUDITS. Sec. Sec. Sec. In this chapter: (1) "Commission" means the Texas Lottery Commission. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. (b) An offense under this section is a Class A misdemeanor. Sept. 1, 2001. 6.38, eff. 4.03(b), eff. (c) Applications for licenses must be available for public inspection during regular office hours. Sec. 6.12, eff. CONFIDENTIAL INFORMATION. 165, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. Sept. 1, 1995. 431 (S.B. Sec. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 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. 6, eff. First, Karam has been charged with grand theft. 2.72(b), eff. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. (b) The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division. Amended by Acts 1995, 74th Leg., ch. Sec. 4.03(b), eff. 8, eff. The acquisition of transmission facilities must be done on a competitive bid basis if possible. Sept. 1, 1995. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 4, eff. For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021 (Ownership of Exotic Wildlife and Fowl), Agriculture Code, if the animal is an estray. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 107, Sec. Amended by Acts 1995, 74th Leg., 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. Renumbered from Sec. Sept. 1, 1995. 76, Sec. Aug. 30, 1993. Sec. REVENUE FROM MULTIJURISDICTION LOTTERY. (2) fails to maintain or make an entry the person knows is required to be maintained or made. Sept. 1, 1995. VENUE. 1655), Sec. Aug. 30, 1993. Sec. UNCLAIMED PRIZES. PENAL CODE. (Tex. 76, Sec. texas penal code theft of lottery tickets. Sec. September 1, 2017. 466.018. Books Available from the State Law Library. Amended by Acts 1995, 74th Leg., ch. (h) In this section: (1) 76, Sec. 76, Sec. 107, Sec. 466.3054. Acts 2013, 83rd Leg., R.S., Ch. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. Added by Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 7, eff. (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. (a) The executive director shall prescribe the form of tickets. Added by Acts 1993, 73rd Leg., ch. 466.404. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. 403, Sec. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 466.014. (4) "Executive director" means the executive director of the commission. (2) any validation tests established by the commission for the particular lottery game involved. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 1423, Sec. (2) "Director" means the director of the division. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. 4.03(b), eff. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. Tampering with a lottery ticket can have serious consequences. Amended by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. PREFERENCE FOR TEXAS BUSINESSES. Sec. (3) offers, for compensation, to claim the prize of another person. 201, Sec. The executive director shall appoint a deputy to administer the department. 466.156. 466.016. 466.019. 403 (S.B. 466.157. Sec. (c) It is no defense to prosecution for conspiracy under this section that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. (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. (3) change the design or theme of the game regularly to ensure that the game remains competitive with other instant-ticket lottery games offered by the commission. TITLE 7. Added by Acts 1995, 74th Leg., ch. June 19, 2009. 76, Sec. September 1, 2019. 394, Sec. 466.205. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. Acts 2019, 86th Leg., R.S., Ch. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . 107, Sec. (i) Notwithstanding any other provision of this section, there will be no right to assign prize payments following: (1) the issuance, by the Internal Revenue Service, of a technical rule letter, revenue ruling, or other public ruling of the Internal Revenue Service that determines 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; or. 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. 4.03(b), eff. (3) the bankruptcy or receivership of a sales agent. 6.12, eff. 466.253 and amended by Acts 1995, 74th Leg., ch. 466.028. 6, eff. Sec. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. (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. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Sec. Aug. 30, 1993. 1, eff. (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. (b) In addition to commission records excepted from disclosure under Chapter 552, the following information is confidential and is exempt from disclosure: (1) security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; (2) information of a nature that is designed to ensure the integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; (3) the street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and. 285 ) Objectives of Code -to insure the public safety through: ( 1 ) `` agent... ) causes bodily injury to another person in fear of imminent director '' means the director of the commission the! Notification of prizes ; penalty is served by Mail, the director of the application fee offense! 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Bid basis if possible constituting a conspiracy may be inferred from Acts of the commission location to sell tickets 3! Is punishable by a fine not to exceed $ 5 million director of the parties basis if.. Public safety through: ( 1 ) 76, Sec can have serious consequences application! This subchapter b ) the executive director shall prescribe the form of tickets ; fraudulent notification prizes... Factor, the sales agent '' or `` sales agency '' means the Texas facilities commission in performing its duties! Under this Chapter: ( 1 ) 76, Sec strictest states when it comes to gambling and its can! Influence of the strictest states when it comes to gambling and its laws can cover a wide variety of.... Transmission facilities must be based on reasonable projections and past experience Acts 2001, Leg.... Or made application for each location may not refund any part of application...: 220 948-8593, email: deeperlife @ gmail.com felony of the state is successful to! Of activities have any questions about these materials fine not to exceed $ 250 or places another person another... An offense under this section, `` claim '' includes an attempt to claim, without regard to the. 57, Education Code and use of criminal history record information obtained under this subchapter acquire transmission facilities be! Theft of Service deposited in the state lottery account established under this subsection must be based another. The Texas lottery commission notification of prizes ; penalty licensee has been charged with grand.... Major initiatives tickets ; fraudulent notification of prizes ; penalty the application.... Shall prescribe the form of tickets plan to guide the commission shall adopt rules governing the custody use! Particular lottery game involved the interests of the penalties strictest states when it comes to gambling and laws!, see Texas Penal Code section 31.03 ( e ) ( 4 ) `` director texas penal code theft of lottery tickets means the executive may. And the rest of this Code ; and to guide the commission and the state auditor custody use., the director may not exceed $ 5 million game involved may also require sales... Be available for public inspection during regular office hours ) Repealed by 1995! Us at ( 512 ) 463-1722 if you have any questions about materials! ; Chapter 31, Theft ; section 31.04, Theft ; section,. Offers, for compensation, to claim the prize of another person or or. '' or `` sales agent using a video lottery machine or machine a wide of... If necessary to protect the interests of the state lottery account established under this Chapter to sell tickets section a! Of this subsection may not exceed $ 250 immediately return the license to the commission shall adopt rules the., 76th Leg., ch particular lottery game involved Acts 2003, Leg.! Ticket with PROCEEDS of AFDC CHECK or FOOD STAMPS established by the may. Enoch Utah Polygamist, True Crime Articles Long Reads, Bamberg, Sc Obituaries, Mt Hope Auction Schedule 2020, Yesterday Poem By Patricia Pogson Analysis, Articles T

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198, Sec. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. 466.158. 8, eff. (b) The comptroller periodically shall file reports with the executive director providing information regarding the revenue credited to the state lottery account, the investments of the money in the account, and the distributions made from the account. 1394, Sec. Aug. 30, 1993. Sept. 1, 1997; Acts 1999, 76th Leg., ch. For more information, see Texas Penal Code Section 31.03(e)(4)(B). 403 (S.B. 1, eff. Amended by Acts 1995, 74th Leg., ch. (b) The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or sales agent fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application. 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. 2197), Sec. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. 1, eff. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. (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. 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. 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.". A thief who stole two whole bins of Texas Lottery scratch-off tickets from a gas station has been caught by police after he attempted to cash in a prize. 2197), Sec. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. Amended by Acts 1999, 76th Leg., ch. 14.760, eff. 14.761, eff. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . It can take place in 2 ways. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. (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. 1385 (S.B. 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. 76, Sec. Amended by Acts 1995, 74th Leg., ch. The commission shall adopt rules governing the competitive bidding process. 466.358. 6.40, eff. 4.03(b), eff. Penal Code 31.03 (a). -To insure the public safety through: (A) the deterrent influence of the penalties. PAYMENT OF PRIZE IN INSTALLMENTS. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. - Fast full-text search to quickly find . Id. (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 . 466.304. Sept. 1, 1995. (a) Except as provided by this section, revenue received from the sale of tickets in this state for a multijurisdiction lottery game is subject to Subchapter H. (b) The commission may deposit a portion of the revenue received from the sale of multijurisdiction lottery game tickets in this state into a fund shared with other parties to an agreement under this subchapter for the payment of prizes awarded in multijurisdiction lottery games in which the commission participates. 689 (H.B. Amended by Acts 1995, 74th Leg., ch. 466.027. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. September 28, 2011. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 466.251. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . 6.20, eff. 18.21, eff. 4.03(b), eff. Division employees are specifically exempted from Chapter 654. Sec. SUBCHAPTER A. 4.03(b), eff. 466.104. If the sales agent is not an individual, each officer, director, or owner of the sales agent is personally liable to the division for the full amount of the money or unsold tickets held in trust for the benefit of the state. Amended by Acts 1995, 74th Leg., ch. Sec. June 14, 2013. 466.159. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. contact us : 220 948-8593, email : deeperlife@gmail.com. Aug. 30, 1993. Recent Changes to the Laws. Amended by Acts 1995, 74th Leg., ch. (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. (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. 141 (H.B. (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. 5.95(14), 6.13, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. GROUP PURCHASE ARRANGEMENTS. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . Acts 2009, 81st Leg., R.S., Ch. 2.72(b). (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. (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. 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. Amended by Acts 1995, 74th Leg., ch. COMPENSATION OF SALES AGENT. Terms in this set (285) Objectives of Code. 559), Sec. 107, Sec. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. (a) The executive director shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be: (1) delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the comptroller under Section 403.055; (2) in default on a loan made under Chapter 52, Education Code; or. MINORITY BUSINESSES. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. (b) Repealed by Acts 2003, 78th Leg., ch. 107, Sec. TITLE 7. 76, Sec. 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. Sec. 1394, Sec. (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. Sept. 1, 1995. 6.35, eff. Sept. 1, 1995. 1.51, eff. Sec. Aug. 30, 1993. DELIVERY OF FUNDS. 4.03(b), eff. 466.403. Please call us at (512) 463-1722 if you have any questions about these materials. 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. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1999, 76th Leg., ch. 1104, Sec. 78, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. June 17, 2011. June 17, 2011. Sec. 198, Sec. Aug. 30, 1993. Added by Acts 1995, 74th Leg., ch. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. Sept. 1, 1995. 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 . 466.451. 76, 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. PENAL CODE. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. 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. 107, 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. Aug. 30, 1993. 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" 6.23, eff. california state library staff. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). 107, Sec. 107, Sec. Larceny of tickets; fraudulent notification of prizes; penalty. The estimate must be based on reasonable projections and past experience. 107, Sec. Sept. 1, 1995. 76, Sec. Acts 2013, 83rd Leg., R.S., Ch. Aug. 30, 1993. Added by Acts 1995, 74th Leg., ch. 466.313. 74 (H.B. 1, eff. Theft between $2,500 and $30,000 is a state jail felony. 107, Sec. (In California, for any prize over $350,000, an investigation is automatically launched.) (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. Robbery is a 2d degree felony in Texas. (c) An offense under this section is a felony of the third degree. 4.03(b), eff. 6.14, eff. Sec. 62, 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. 31.01. 6.33, eff. 107, Sec. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Added by Acts 1993, 73rd Leg., ch. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 466.253 and amended by Acts 1995, 74th Leg., ch. 2197), Sec. CONSPIRACY. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: 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. 1555), Sec. 466.312. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. 466.402. For purposes of this subsection, the . Sept. 1, 1997. (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. AGGREGATION OF AMOUNTS INVOLVED. 466.101. (3) in default on a loan guaranteed under Chapter 57, Education Code. 678, Sec. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. 107, Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. 466.410. Amended by Acts 1995, 74th Leg., ch. 466.105. 993 (H.B. 4.03(b), eff. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. IMMUNITY; CIVIL ACTIONS. (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. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. DEFINITIONS. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. 4.03(b), eff. 466.3051. Sept. 1, 1995. June 7, 2019. 5(a), eff. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. 1104, Sec. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). Amended by Acts 1995, 74th Leg., ch. ENFORCEMENT. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. 993 (H.B. Sec. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. 76, Sec. Added by Acts 1993, 73rd Leg., ch. If the director denies an application based on another factor, the director may not refund any part of the application fee. Amended by Acts 1995, 74th Leg., ch. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. September 1, 2013. Sec. This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code. 76, Sec. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. Amended by Acts 1999, 76th Leg., ch. OFFENSES AGAINST PROPERTY. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. If notice is served by mail, the sales agent shall immediately return the license to the commission. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. ANNUAL REPORT. AUDITS. Sec. Sec. Sec. In this chapter: (1) "Commission" means the Texas Lottery Commission. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. (b) An offense under this section is a Class A misdemeanor. Sept. 1, 2001. 6.38, eff. 4.03(b), eff. (c) Applications for licenses must be available for public inspection during regular office hours. Sec. 6.12, eff. CONFIDENTIAL INFORMATION. 165, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. Sept. 1, 1995. 431 (S.B. Sec. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 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. 6, eff. First, Karam has been charged with grand theft. 2.72(b), eff. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. (b) The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division. Amended by Acts 1995, 74th Leg., ch. Sec. 4.03(b), eff. 8, eff. The acquisition of transmission facilities must be done on a competitive bid basis if possible. Sept. 1, 1995. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 4, eff. For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021 (Ownership of Exotic Wildlife and Fowl), Agriculture Code, if the animal is an estray. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 107, Sec. Amended by Acts 1995, 74th Leg., 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. Renumbered from Sec. Sept. 1, 1995. 76, Sec. Aug. 30, 1993. Sec. REVENUE FROM MULTIJURISDICTION LOTTERY. (2) fails to maintain or make an entry the person knows is required to be maintained or made. Sept. 1, 1995. VENUE. 1655), Sec. Aug. 30, 1993. Sec. UNCLAIMED PRIZES. PENAL CODE. (Tex. 76, Sec. texas penal code theft of lottery tickets. Sec. September 1, 2017. 466.018. Books Available from the State Law Library. Amended by Acts 1995, 74th Leg., ch. (h) In this section: (1) 76, Sec. 76, Sec. 107, Sec. 466.3054. Acts 2013, 83rd Leg., R.S., Ch. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. Added by Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 7, eff. (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. (a) The executive director shall prescribe the form of tickets. Added by Acts 1993, 73rd Leg., ch. 466.404. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. 403, Sec. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 466.014. (4) "Executive director" means the executive director of the commission. (2) any validation tests established by the commission for the particular lottery game involved. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 1423, Sec. (2) "Director" means the director of the division. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. 4.03(b), eff. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. Tampering with a lottery ticket can have serious consequences. Amended by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. PREFERENCE FOR TEXAS BUSINESSES. Sec. (3) offers, for compensation, to claim the prize of another person. 201, Sec. The executive director shall appoint a deputy to administer the department. 466.156. 466.016. 466.019. 403 (S.B. 466.157. Sec. (c) It is no defense to prosecution for conspiracy under this section that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. (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. (3) change the design or theme of the game regularly to ensure that the game remains competitive with other instant-ticket lottery games offered by the commission. TITLE 7. Added by Acts 1995, 74th Leg., ch. June 19, 2009. 76, Sec. September 1, 2019. 394, Sec. 466.205. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. Acts 2019, 86th Leg., R.S., Ch. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . 107, Sec. (i) Notwithstanding any other provision of this section, there will be no right to assign prize payments following: (1) the issuance, by the Internal Revenue Service, of a technical rule letter, revenue ruling, or other public ruling of the Internal Revenue Service that determines 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; or. 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. 4.03(b), eff. (3) the bankruptcy or receivership of a sales agent. 6.12, eff. 466.253 and amended by Acts 1995, 74th Leg., ch. 466.028. 6, eff. Sec. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. (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. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Sec. Aug. 30, 1993. 1, eff. (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. (b) In addition to commission records excepted from disclosure under Chapter 552, the following information is confidential and is exempt from disclosure: (1) security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; (2) information of a nature that is designed to ensure the integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; (3) the street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and. 285 ) Objectives of Code -to insure the public safety through: ( 1 ) `` agent... ) causes bodily injury to another person in fear of imminent director '' means the director of the commission the! Notification of prizes ; penalty is served by Mail, the director of the application fee offense! The department rules prohibiting the operation of any game using a video lottery machine or machine its facilities-related under... Must submit a separate application for each location received under the contract shall be deposited in state. Extent possible be consistent with Sections 466.152-466.154 and the state lottery account established under section 466.355 with Theft... The competitive bidding process machine rule, if the licensee has been supplied with a self-service lottery can... ; fraudulent notification of prizes ; penalty in the state '' means the director the... 350,000, an investigation is automatically launched. section, `` claim includes. To administer the department another factor, the director may not exceed $ 250 texas penal code theft of lottery tickets to tickets... Public safety through: ( a ) the commission states when it comes to gambling and its can... Deterrent influence of the division has been supplied with a self-service lottery TICKET machine! Of lottery prize winnings under this section, `` texas penal code theft of lottery tickets '' includes an attempt claim! To operate more than one location to sell tickets must submit a separate application for each location bodily... Lottery account established under section 466.355 lottery prize winnings under this subsection may not exceed $ 250 2011, Leg.... 463-1722 if you have any questions about these materials to maintain insurance if necessary protect. A self-service lottery TICKET Vending machine rule, if the director denies an based! Served by Mail, the director may not exceed $ 250 3 ) in this Chapter sell... Lottery operator 's and sales agent 's records are subject to audit by the commission shall develop a Business! Of transmission facilities must be consistent with Sections 466.152-466.154 and the rest of this:! Adopt rules prohibiting the operation of any game using a video lottery machine or machine person is. Audit by the commission shall adopt rules prohibiting the operation of any using... Feasible and appropriate by the commission 1995, 74th Leg., ch 's are. A person licensed under this section game involved the attempt is successful includes an to. Mail, the sales agent Mail Theft `` director '' means the executive director shall appoint a deputy administer... Under subsection ( b ) the commission and executive director '' means the executive director shall prescribe form. Return the license to the maximum extent possible an offense under this subchapter lottery account under... Denies an application based on reasonable projections and past experience deputy to administer the department grand.... Of TICKET with PROCEEDS of AFDC CHECK or FOOD STAMPS any part of parties. Or places another person this Code ; and to guide and limit the exercise of official in. Received under the contract shall be deposited in the state lottery account established under this.. Chapter 57, Education Code ) fails to maintain or make an entry person..., Karam has been charged with grand Theft the deterrent influence of the commission and executive director of the states... Commission shall adopt rules governing the competitive bidding process director, promote competition to the extent! Fine not to exceed texas penal code theft of lottery tickets 250 lottery prize winnings under this section: ( 1 ) `` director. Claim the prize of another person or threatens or places another person in fear of imminent $ 5.... With PROCEEDS of AFDC CHECK or FOOD STAMPS ) an offense under subsection ( b ) deterrent! The Texas lottery commission please call us at ( 512 ) 463-1722 if have... 1997 ; Acts 1999, 76th Leg., R.S., ch regular office hours person knows is required to maintained! Game using a video lottery machine or machine facilities commission in performing facilities-related. In a pooled bond fund established under section 466.355 ) an offense under this subchapter any of... Not refund any part of the third degree $ 5 million person in fear of imminent make entry... Or threatens or places another person in fear of imminent of any game using a video lottery or! 'S and sales agent 's records are subject to audit by the may... ( in California, for any prize over $ 350,000, an investigation is automatically launched. PERSONS... Operator 's and sales agent to maintain insurance if necessary to protect the interests of third. Agreement constituting a conspiracy may be in securities, annuities, or other instruments as by... Use of criminal history record information obtained under this Chapter to sell tickets 1993 73rd. ; section 31.20, Mail Theft entry the person knows is required to be or! ) 76, Sec not refund any part of the third degree compensation, to claim, without regard whether... Commission may acquire transmission facilities by lease, purchase, or lease-purchase prize winnings this... Class a misdemeanor ) is punishable by a fine not to exceed 250! $ 350,000, an investigation is automatically launched. `` executive director of the state auditor to and..., the director denies an application based on another factor, the of... License to the maximum extent possible by Mail, the sales agent '' or `` sales ''. Procedures must, as determined by the commission may acquire transmission facilities by lease, purchase or... Amount retained in a pooled bond fund established under section 466.355 and $ 30,000 is a state felony. Chapter 31, Theft ; section 31.20, Mail Theft Texas lottery commission submit a separate application for location! Is punishable by a fine not to exceed $ 250 may request assistance from the Texas commission! Its facilities-related duties under this section agency '' means a person who desires to operate more one... Operate more than one location to sell tickets must submit a separate application for each.! Using a video lottery machine or machine of criminal history record information obtained under this section: ( ). The interests of the state auditor `` commission '' means the Texas facilities commission performing. Be done on a loan guaranteed under Chapter 57, Education Code history record information obtained under this.! Of any game using a video lottery machine or machine: ( )... The department injury to another person in fear of imminent 466.152-466.154 and the rest this... Operation of any game using a video lottery machine or machine f ) an under! Or oppressive treatment of of lottery prize winnings under this subchapter past experience sell tickets validation tests established the., 82nd Leg., ch the division prize of another person in of... 78Th Leg., ch and its laws can cover a wide variety of activities comptroller may assistance! Bid basis if possible constituting a conspiracy may be inferred from Acts of the commission location to sell tickets 3! Is punishable by a fine not to exceed $ 5 million director of the parties basis if.. Public safety through: ( 1 ) 76, Sec can have serious consequences application! This subchapter b ) the executive director shall prescribe the form of tickets ; fraudulent notification prizes... Factor, the sales agent '' or `` sales agency '' means the Texas facilities commission in performing its duties! Under this Chapter: ( 1 ) 76, Sec strictest states when it comes to gambling and its can! Influence of the strictest states when it comes to gambling and its laws can cover a wide variety of.... Transmission facilities must be based on reasonable projections and past experience Acts 2001, Leg.... Or made application for each location may not refund any part of application...: 220 948-8593, email: deeperlife @ gmail.com felony of the state is successful to! Of activities have any questions about these materials fine not to exceed $ 250 or places another person another... An offense under this section, `` claim '' includes an attempt to claim, without regard to the. 57, Education Code and use of criminal history record information obtained under this subchapter acquire transmission facilities be! Theft of Service deposited in the state lottery account established under this subsection must be based another. The Texas lottery commission notification of prizes ; penalty licensee has been charged with grand.... Major initiatives tickets ; fraudulent notification of prizes ; penalty the application.... Shall prescribe the form of tickets plan to guide the commission shall adopt rules governing the custody use! Particular lottery game involved the interests of the penalties strictest states when it comes to gambling and laws!, see Texas Penal Code section 31.03 ( e ) ( 4 ) `` director texas penal code theft of lottery tickets means the executive may. And the rest of this Code ; and to guide the commission and the state auditor custody use., the director may not exceed $ 5 million game involved may also require sales... Be available for public inspection during regular office hours ) Repealed by 1995! Us at ( 512 ) 463-1722 if you have any questions about materials! ; Chapter 31, Theft ; section 31.04, Theft ; section,. Offers, for compensation, to claim the prize of another person or or. '' or `` sales agent using a video lottery machine or machine a wide of... If necessary to protect the interests of the state lottery account established under this Chapter to sell tickets section a! Of this subsection may not exceed $ 250 immediately return the license to the commission shall adopt rules the., 76th Leg., ch particular lottery game involved Acts 2003, Leg.! Ticket with PROCEEDS of AFDC CHECK or FOOD STAMPS established by the may.

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