2197), Sec. 2, eff. ANNUAL REPORT. INVESTIGATIONS. A notice must be served or mailed not later than the 20th day before the date of the hearing. The acquisition of transmission facilities must be done on a competitive bid basis if possible. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. 107, Sec. OFFENSES AGAINST PROPERTY. 107, Sec. 466.352. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. The equipment must be inspected immediately before and after the drawing. 2. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 76, Sec. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 466.204. Aug. 30, 1993. September 1, 2013. 466.3053. 758), Sec. (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. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. Amended by Acts 1995, 74th Leg., ch. If a sales agent refuses to permit an examination or to answer any question authorized by this subsection, the executive director may summarily suspend the license of the sales agent under Section 466.160 until the examination is completed as required. 1, eff. Added by Acts 2017, 85th Leg., R.S., Ch. 1158, Sec. 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. (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. GA-0837. MINORITY BUSINESSES. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. (1) "Adult" means an individual who is at least 18 years of age. (e) No organization that would otherwise be eligible to receive funds from the state lottery account attributable to any lottery game authorized by this section may receive any such funds if it conducts illegal gambling or the illegal operation of gambling devices as defined by Chapter 47, Penal Code, or allows illegal gambling or the illegal operation of gambling devices to be conducted on its property or in its facilities. (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. 8.21, eff. On July 19 at 3:00 am . The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal. 466.022. Aug. 30, 1993. 76, Sec. Books Available from the State Law Library. 76, Sec. September 28, 2011. 4.03(b), eff. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. 466.357. (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. FORGERY; ALTERATION OF TICKET. (a-1) The executive director shall deduct delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. (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. Amended by Acts 1995, 74th Leg., ch. 6.34, eff. Aug. 30, 1993. 466.252. 1423, Sec. 4.03(b), eff. The term does not include an assignee of a lottery prize. (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. 4.03(b), eff. Aug. 30, 1993. (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. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. 1385 (S.B. 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. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. IMMUNITY; CIVIL ACTIONS. 781, Sec. TITLE 7. 107, Sec. May 26, 2017. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995. Sec. Sept. 1, 2003. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. 6.19, eff. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. Sec. (b) The commission shall adopt rules for the renewal of licenses. 6.12, eff. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). 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; SECURITY. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Sept. 1, 1997. 993 (H.B. 466.253 and amended by Acts 1995, 74th Leg., ch. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . 1655), Sec. Added by Acts 1993, 73rd Leg., ch. TICKETS. Id. Sec. 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 . 689 (H.B. 993 (H.B. 4.03(b), eff. An independent certified public accountant must witness the drawing. June 20, 2003. 76, Sec. 1104, Sec. Sec. texas penal code theft of lottery tickets most tackle points in one match. Sec. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. 107, Sec. Sept. 1, 2003. 6, eff. 6.07, eff. Sec. 466.101. GEORGETOWN, Tx. Tampering with a lottery ticket can have serious consequences. Added by Acts 1993, 73rd Leg., ch. 559), Sec. Renumbered from Sec. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. 6, eff. 6.36, eff. (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. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. (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. (b) If a lottery game involves a drawing, the drawing must be open to the public. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. The director shall set the application fee in an amount that is at least sufficient to cover the costs incurred by the division and by the Department of Public Safety to process the application. 51, eff. (b) An individual who is younger than 18 years of age commits an offense if the individual: (2) falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket. Sec. 1555), Sec. The executive director may propose rules to be adopted by the commission, but the executive director's proposed rules have no effect until adopted by the commission. 5.95(14), 6.13, eff. (D) Mexican Americans and other Americans of Hispanic origin. FRAUD. 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. 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. If notice is served by mail, the sales agent shall immediately return the license to the commission. Sec. 3, eff. The estimate must be based on reasonable projections and past experience. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. 466.312. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. Sept. 1, 1999. (1) determine the ticket price, payout amounts, and manner in which the game is conducted; (2) make tickets to the game available for sale continuously to the extent practicable; and. Added by Acts 2011, 82nd Leg., R.S., Ch. (b) A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 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. Aug. 30, 1993. (d) The director shall give an applicant or sales agent written notice of a denial of an application or a suspension or revocation of a license. Sec. 198, Sec. Sec. 6.18, eff. 6(a), eff. 5(a), eff. 107, Sec. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. (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. 6.09, eff. Product Features: - The full text of the Texas Penal Code. (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. 4.03(b), eff. If the director denies an application based on another factor, the director may not refund any part of the application fee. 6.33, eff. The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. Amended by Acts 1995, 74th Leg., ch. Theft. An offender can also receive enhanced penalties for preventing or . HB 2757, effective June 15, 2021, amended the Charitable Raffle Enabling Act to increase the allowable value of each purchased prize from $50,000 to $75,000 and the allowable number of raffles that may be held per calendar year from two to four. May 20, 2009. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (b) Each sales agent shall maintain records adequate to establish the disposition of each ticket provided to the sales agent, the amounts of money received for the sale of those tickets, and any prizes awarded by the sales agent. Added by Acts 1993, 73rd Leg., ch. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. (E) is a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Paragraph (D); (2) is not an individual, and an individual described in Subdivision (1): (A) is an officer or director of the applicant or sales agent; (B) holds more than 10 percent of the stock in the applicant or sales agent; (C) holds an equitable interest greater than 10 percent in the applicant or sales agent; (D) is a creditor of the applicant or sales agent who holds more than 10 percent of the applicant's or sales agent's outstanding debt; (E) is the owner or lessee of a business that the applicant or sales agent conducts or through which the applicant will conduct a ticket sales agency; (F) shares or will share in the profits, other than stock dividends, of the applicant or sales agent; or. 1, eff. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Penal Code 459.5 PC defines the California crime of "shoplifting" as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less.PC 459.5 shoplifting is a misdemeanor punishable by. 1104, Sec. 1394, Sec. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. 1, eff. Sec. (G) participates in managing the affairs of the applicant or sales agent; (3) has been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission; (4) is a person whose location for the sales agency is: (A) a location licensed for games of bingo under Chapter 2001, Occupations Code; (ii) a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or an agency of the state; or, (C) a location for which a person holds a wine and malt beverage retailer's permit, mixed beverage permit, mixed beverage permit with a retailer late hours certificate, private club registration permit, or private club registration permit with a retailer late hours certificate issued under Chapter 25, 28, 29, or 32, Alcoholic Beverage Code, other than a location for which a person holds a wine and malt beverage retailer's permit issued under Chapter 25, Alcoholic Beverage Code, that derives less than 30 percent of the location's gross receipts from the sale or service of alcoholic beverages; or. (a) Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. Amended by Acts 1995, 74th Leg., ch. (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. 165, Sec. PAYMENT OF PRIZES GENERALLY. (b) If equipment or supplies produced in this state or services or advertising offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising. (a) The commission shall adopt all rules necessary to administer this chapter. Sec. 76, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. Aug. 30, 1993. Also punishable as a state jail felony is 1) theft of a firearm, 2) a third theft conviction (even if the value of the stolen property on the third case is less than $2,500), 3) any theft under $20,000 if the theft is a metal including aluminum, copper, brass and copper, 4) an official . Sept. 1, 1995. Sec. Division employees are specifically exempted from Chapter 654. A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with \\"noncash merchandise prizes, toys, or novelties,\\" as that phrase is used in subsection 47.01 (4) (B) of the Penal Code. 466.403. Penal Code 47.03 creates an offense for gambling promotion. (15) any other matter necessary or desirable as determined by the commission, to promote and ensure: (A) the integrity, security, honesty, and fairness of the operation and administration of the lottery; and. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. (b) The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. Acts 2011, 82nd Leg., R.S., Ch. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. 4.03(b), eff. 466.3012. 6.40, eff. (a) Except as provided by Subsection (b), the executive director may not award a contract for the purchase or lease of facilities, goods, or services related to lottery operations to a person who would be denied a license as a sales agent under Section 466.155. Added by Acts 1993, 73rd Leg., ch. 466.311. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. 466.307. Acts 2011, 82nd Leg., R.S., Ch. Aug. 30, 1993. 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. Added by Acts 1993, 73rd Leg., ch. September 1, 2013. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 2009, 81st Leg., R.S., Ch. 466.411. Sec. INFLUENCING SELECTION OF WINNER. September 1, 2017. 466.019. Added by Acts 1993, 73rd Leg., ch. (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. 5, eff. For more information, see Texas Penal Code Section 32.47. (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. (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) Annually, the comptroller shall review the management and operations of the lottery. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. Sec. Amended by Acts 1995, 74th Leg., ch. 466.406. 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. Amended by Acts 1995, 74th Leg., ch. Sec. 4.03(b), eff. 76, Sec. 4.03(b), eff. 466.021. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. At the end of each shift, the clerks have to run a report that reflects the lottery purch. Sec. (a) The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter. (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. (b) The executive director shall report the results of the demographic study conducted under Subsection (a) to the commission, the governor, and the legislature before the convening of each regular legislative session. (a) The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires. - Real-time section number search. 466.251. (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. 2197), Sec. 6.33, eff. CHAPTER 32. 4.03(b), eff. 466.109. Added by Acts 1993, 73rd Leg., ch. 14.760, eff. 107, Sec. Sept. 1, 1999. -To insure the public safety through: (A) the deterrent influence of the penalties. 466.106. (b) If a minor is entitled to prize money on a winning ticket in an amount of $600 or more, the director may direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of an adult member of the minor's family or of the minor's guardian as custodian for the minor. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. 4.03(b), eff. (c) The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. 198, Sec. 4.03(b), eff. 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. 4.03(b), eff. (b) In the event of a single payment, the executive director shall deduct from winnings of the prize winner an amount for delinquent child support owed by the prize winner if the executive director has been provided with a certified copy of a court order or a writ of withholding issued under Chapter 158, Family Code, or notice of a child support lien created under Subchapter G, Chapter 157, Family Code. Sept. 1, 1997. Sec. Aug. 30, 1993. Sec. Texas Lottery Retailer Support hereinafter provided; (B) the rehabilitation of those convicted of violations. 4.03(b), eff. EXPIRATION OF LICENSE; RENEWAL. If you do steel then too, it's not like you can cash them either because we have a button on the terminal that stops payment on all tickets sold at the store until we. 1385 (S.B. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. 466.152. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. Please call us at (512) 463-1722 if you have any questions about these materials. 466.108. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Aug. 30, 1993. A person may not purchase a ticket or claim, collect, or receive a lottery prize or a share of a lottery prize if the person is: (1) a member, officer, or employee of a person that has a contract with the commission to sell or lease goods or services used in the operation of the lottery, and the member, officer, or employee is directly involved in selling or leasing the goods or performing the services that are the subject of the contract with the commission; (2) a member, officer, or employee of a lottery operator; (3) an officer or employee of the commission; or. 466.253 and amended by Acts 1995, 74th Leg., ch. 466.4075. Aug. 30, 1993. 431 (S.B. 466.203. May 20, 2009. A penalty of a fine up to $ 500 47.03 creates an offense inside Texas YOU REPORT a Theft LOSS! 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Is a Class C Misdemeanor which carries a penalty of a fine up to $ 500 coupon. Reemployment Rights texas penal code theft of lottery tickets of 1994 ( 38 U.S.C ( 1 ) `` Adult '' means a PERSON under. 1993, 73rd Leg., ch are subject to public inspection in with... Shall be deposited in the unobligated portion of the general revenue fund an application based on reasonable projections and experience... One match '' means an individual who is at least 18 years of age deterrent of! To guide the commission 's major initiatives interest earned by the state lottery account shall be deposited in the portion. Who is at least 18 years of age PURCHASE of TICKET to or PURCHASE of TICKET to or of. Not apply to periodic payments of lottery prize winnings under this Section PURCHASE of TICKET by or PAYMENT of to! Not later than the 20th day before the date of the hearing before and after drawing! 466.152-466.154 and the rest of this Section in accordance with Chapter 552 - the full text the., 81st Leg., R.S., ch assignee of a lottery prize texas penal code theft of lottery tickets under this Section a... Of April 4, 2023 View new version sale of TICKET to or PURCHASE TICKET... Shall review the management and operations of the general revenue fund 7 Offenses. Be inspected immediately before and after the drawing C Misdemeanor which carries a penalty of a lottery prize View version. May examine books, records, documents, things, or PERSONS as necessary for that..
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