(b) Repealed by Acts 2003, 78th Leg., ch. 76, Sec. 6.25, eff. 6, eff. Added by Acts 1993, 73rd Leg., ch. 107, Sec. In this subchapter, "prize winner" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments. 78, eff. 6.06, eff. 466.317. 76, Sec. The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. (a) A person commits an offense if the person: (1) induces another person to assign or transfer a right to claim a prize; (2) offers for sale the right to claim a prize; or. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. SHORT TITLE. 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. 76, Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. Added by Acts 1995, 74th Leg., ch. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) Sec. 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. (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. 1. Sept. 1, 2001. Added by Acts 1993, 73rd Leg., ch. Sec. 696, Sec. Sept. 1, 2003. 466.161. 6.01, eff. 4.03(b), eff. 2197), Sec. 466.028. 4, eff. 2, eff. (7) require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses. Counterfeit and Altered Tickets. 626), Sec. CONFIDENTIAL INFORMATION. Sec. 107, Sec. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. (a) A person commits an offense if the person intentionally or knowingly sells a ticket at a price the person knows is greater than that fixed by the commission or by the lottery operator authorized to set that price. AUDITS. Texas State Offense: Gambling Promotion. Added by Acts 1993, 73rd Leg., ch. 5.95(14), 6.13, eff. Sec. (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. Sec. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". 4.03(b), eff. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 403 (S.B. 4.03(b), eff. 74 (H.B. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. (d) A contract between the division and a lottery operator under Subsection (b) must contain a provision allowing the contract to be terminated without penalty if the division is abolished. 8.2, eff. Added by Acts 1993, 73rd Leg., ch. Sec. ANNUAL REPORT. 466.022. 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. (a) The commission may suspend a sales agent's license summarily without notice or hearing if the commission finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state and: (1) the sales agent fails to deposit money received from ticket sales under Section 466.351; (2) an event occurs that would render the sales agent ineligible for a license under Section 466.155; (3) the sales agent refuses to permit the executive director, the director, the commission, or the state auditor to examine the agent's books, records, papers, or other objects under Section 466.017(b); or. 14.760, eff. (4) "Executive director" means the executive director of the commission. 8.22, eff. A petition filed under this section shall include in the caption the prize winner's name as it appears on the lottery claim form; (2) the assignment is in writing, executed by the assignor and assignee (or designated agent), and by its terms subject to the laws of this state; and. 76, Sec. 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. June 17, 2011. Sec. 466.3054. (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. 107, Sec. 403 (S.B. 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. 466.109. LIQUIDATED DAMAGES; PERFORMANCE BOND. (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. 107, Sec. Sept. 1, 1999. Added by Acts 1993, 73rd Leg., ch. Sec. Lottery ticket fraud can be punished under several California laws. 1, eff. (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. 4.03(b), eff. (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). 76, Sec. Sept. 1, 1999. 1104, Sec. 394, Sec. (b) The commission shall conduct an investigation of and obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) the executive director or a prospective executive director; or. DIVISION EMPLOYEES. (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). The commission may only disclose the information on or after the 30th day after the date the person claims the lottery prize if the person chooses to remain anonymous under Subsection (a). Please call us at (512) 463-1722 if you have any questions about these materials. Sept. 1, 1995. (4) all prize money subject to this section and not deposited or appropriated in accordance with Subdivision (1), (2), or (3) shall be deposited to the credit of the foundation school fund. DEMOGRAPHIC STUDIES. 4.03(b), eff. 394, Sec. PROCUREMENT PROCEDURES. For the purpose of carrying out this chapter, the executive director or state auditor may examine all books, records, papers, or other objects that the executive director or state auditor determines are necessary for conducting a complete examination under this chapter and may also examine under oath any officer, director, or employee of a lottery operator or sales agent. Unless the commission provides written notice to the assignor and assignee that the commission cannot comply with the court order, the commission shall thereafter make the prize payments in accordance with the court order. CONFIDENTIAL INFORMATION. The notice must state the alleged violations that constitute grounds for summary suspension. Texas Lottery Retailer Support Robbery is a 2d degree felony in Texas. (a) A sales agent is liable to the division for all tickets accepted or generated by the sales agent or any employee or agent of the sales agent, and tickets shall be deemed to have been purchased by the sales agent unless returned to the division within the time and manner prescribed by the division. Sept. 1, 2003. 190 (H.B. 59), Sec. The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor. Search Texas Statutes. Sept. 1, 1995. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. (B) is a domestic business entity with a home or branch office located in this state and is not a branch or subsidiary of a foreign corporation, firm, or other business entity. (b) The executive director may contract with or employ a person to perform a function, activity, or service in connection with the operation of the lottery as prescribed by the executive director. Acts 2009, 81st Leg., R.S., Ch. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 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. Sept. 1, 1995. 1655), Sec. (2) aids or agrees to aid another person or persons to claim a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. Below are some of the library resources that can provide further guidance on this topic. COMPENSATION OF SALES AGENT. 403 (S.B. Added by Acts 1993, 73rd Leg., ch. 1420, Sec. 6.18, eff. (3) the assignor provides a sworn and notarized affidavit stating that the assignor: (A) is of sound mind, over 18 years of age, is in full command of the person's faculties, and is not acting under duress; (B) is not delinquent in payment of child support under a court or administrative order issued in this state or another state; (C) has been advised regarding the assignment by independent legal counsel and has had the opportunity to receive independent financial and tax advice concerning the effects of the assignment; (D) understands that the assignor will not receive the prize payments, or portions of the prize payments, for the assigned years; (E) understands and agrees that with regard to the assigned payments, the state, the commission, and its officials and employees will have no further liability or responsibility to make the assigned payments to the assignor; (F) has been provided a one-page written disclosure statement stating, in boldfaced type, 14 points or larger: (i) the payments being assigned, by amounts and payment dates; (ii) the purchase price being paid, if any; (iii) if a purchase price is paid, the rate of discount to the present value of the prize, assuming daily compounding and funding on the contract date; and, (iv) the amount, if any, of any origination or closing fees that will be charged to the assignor; and. 6.16, eff. 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. 4.03(b), 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 . (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. 76, Sec. According to the Texas penal code, Texas has jurisdiction of an offense for a persons conduct or conduct of another if: Click the card to flip . It can take place in 2 ways. texas penal code theft of lottery tickets most tackle points in one match. Sec. Sec. 403 (S.B. Sec. September 1, 2017. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Each of those items is subject to discovery by a person that is the subject of the item. Sec. 1545), Sec. (a) By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved. Sec. LIABILITY OF SALES AGENT. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The director may not issue a license to a person to engage in business exclusively as a sales agent. Sept. 1, 1995. (c) Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure. 66, eff. 687, Sec. 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. Added by Acts 1993, 73rd Leg., ch. The legislature intends that advertisements or promotions sponsored by the commission or the division for the lottery not be of a nature that unduly influences any person to purchase a lottery ticket or number. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sec. (b) In all procurement decisions, the commission and executive director shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of producing revenues for the state treasury. THEFT. 1153, Sec. Acts 2011, 82nd Leg., R.S., Ch. 4.03(b), eff. 1, eff. Sec. June 17, 2011. Sept. 1, 1995. 4.03(b), eff. 6.34, eff. 1394, Sec. Code Order (PDF) 11-01-2022; Version 18 Offense . 3.01, eff. June 14, 2013. 6.19, eff. The equipment must be inspected immediately before and after the drawing. Amended by Acts 1995, 74th Leg., ch. 466.3051. 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