PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. 4.03(b), eff. 1, eff. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. (a) If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor. 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. Sec. (2) an employee or prospective employee of the commission. 4.03(b), eff. 4.03(b), eff. (b) A district court shall issue an order approving a voluntary assignment and directing the commission to direct prize payments in whole or in part to the assignee if: (1) a copy of the petition for the order and copies of all notices of any hearing in the matter have been served on the executive director not later than 20 days prior to any hearing or entry of any order. Amended by Acts 1995, 74th Leg., ch. 107, Sec. Jasmine Renee Wiley was arrested on Thursday, May 17 and charged with theft of property in an amount greater than $30,000 but less than $150,000. Added by Acts 1993, 73rd Leg., ch. 466.152. 76, Sec. Sept. 1, 1997. Under Texas law, ( Penal Code 47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. Id. . Please call us at (512) 463-1722 if you have any questions about these materials. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. (d) A separate license is required for each location at which tickets are to be sold. SUMMARY SUSPENSION OF LICENSE. 76, Sec. Sec. Aug. 30, 1993. 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. PROHIBITED ADVERTISEMENTS. Sept. 1, 1999. 76, Sec. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. Renumbered from Sec. APPLICABILITY OF OTHER LAW. (h) In this section: (1) Added by Acts 1993, 73rd Leg., ch. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. 466.012. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. Added by Acts 2017, 85th Leg., R.S., Ch. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. Amended by Acts 1995, 74th Leg., ch. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. Sec. Texas Lottery Retailer Support Sec. 2197), Sec. The executive director is not required to receive the court order, the writ of withholding, or notice of child support lien until the executive director determines there is a periodic installment prize to which the prize winner is entitled. (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. The estimate must be based on reasonable projections and past experience. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. The state auditor may review the results of and working papers related to the audit. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. 1158, Sec. June 15, 2001. (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. Sept. 1, 1995. 107, Sec. Added by Acts 1997, 75th Leg., ch. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1410 (S.B. 107, Sec. If the director denies an application based on another factor, the director may not refund any part of the application fee. A contract awarded under this subsection must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a sales agent license under Section 466.155. 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. Sec. SALE OF TICKET AT UNAUTHORIZED LOCATION. Sec. Retailer fails to monitor the machine as required to prevent sales to minors. 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. The investments may be in securities, annuities, or other instruments as determined by the comptroller. IMMUNITY; CIVIL ACTIONS. 4.03(b), eff. 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. Aug. 30, 1993. CERTAIN TRANSFERS OF CLAIMS. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. Sec. CROCKETT - A 25-year-old Crockett woman is in jail after she allegedly stole over $47,000 in lottery tickets from the Wal-Mart Fuel Center. 107, Sec. Amended by Acts 1999, 76th Leg., ch. (3) the bankruptcy or receivership of a sales agent. 2, eff. 1, eff. Added by Acts 1993, 73rd Leg., ch. (4) 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 Subdivision (1), (2), or (3). DEPARTMENT OF PUBLIC SAFETY RECORDS. 6.35, eff. 190 (H.B. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Sept. 1, 1995. 4.03(b), eff. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. (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. (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. June 14, 2013. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. September 1, 2013. 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" The director may prescribe the terms under which a suspended license will be reissued. 466.253 and amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. (a) A license issued under this chapter expires on: (1) the death of a sales agent who is an individual; (2) the dissolution of a sales agent that is not an individual; or. 107, Sec. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. Sec. June 17, 2011. 4.03(b), eff. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. (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. 1353, Sec. 76, Sec. 466.3054. Lottery ticket fraud of this type can be punished under multiple laws. Added by Acts 1999, 76th Leg., ch. 466.022. Sept. 1, 1999. Petty theft is a misdemeanor punishable by. 466.410. Sept. 1, 1997. Search Texas Statutes. (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. 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. 466.255 and amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. 1, eff. Sec. 6.09, eff. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 466.405. If an individual listed in Section 466.254 purchases a ticket or claims or otherwise attempts to collect or receive a lottery prize or a share of a lottery prize or an individual younger than 18 years of age directly purchases a ticket, the individual is not eligible to receive a prize or share of a prize, and the prize or share of a prize otherwise payable on the ticket is treated as an unclaimed prize as provided by Section 466.408. The commission shall adopt rules regarding the form and frequency of reports under this subsection. 4.03(b), eff. PUBLICITY OF INDIVIDUALS PROHIBITED. CONFIDENTIAL INFORMATION. 165, Sec. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". 592, Sec. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 1, eff. (Tex. Amended by Acts 1995, 74th Leg., ch. Sec. Aug. 30, 1993. Added by Acts 2003, 78th Leg., ch. Sections 4301-4333), as amended. June 19, 2009. 2, eff. 76, Sec. 993 (H.B. Aug. 30, 1993. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed 6.08, eff. 1394, Sec. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. 1, eff. 466.311. Sept. 1, 1995. (a) A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing. Sept. 1, 1995. Sept. 1, 2001; Acts 2001, 77th Leg., ch. U.S.C. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 29, eff. Sept. 1, 1995. 4.03(b), eff. Aug. 30, 1993. 626), Sec. Sept. 1, 1995. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 1385 (S.B. (a) The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter. (2) any validation tests established by the commission for the particular lottery game involved. 107, Sec. 2197), Sec. Sept. 1, 1995. 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. Sec. Amended by Acts 1995, 74th Leg., ch. A. 107, Sec. (B) the convenience of players and holders of winning tickets. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. 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. 544, Sec. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. 466.453. 466.451. (e) If the winnings of a prize winner exceed the amount deducted under Subsection (b) or (c) and Section 466.407 or any other section of this chapter allowing a deduction from the winnings of a prize winner, the executive director shall pay the balance to the prize winner. Aug. 30, 1993. Below are some of the library resources that can provide further guidance on this topic. Sec. 37), Sec. Amended by Acts 1995, 74th Leg., ch. 8.22, eff. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. GA-0812. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. 5.95(94), 6.09, eff. September 1, 2013. For purposes of Article III, Section 49a, and Article VIII, Section 22, of the Texas Constitution: (1) funds received from the operation of a lottery are not revenue; and. Aug. 30, 1993. 391, eff. 76, Sec. -To insure the public safety through: (A) the deterrent influence of the penalties. 76, Sec. 107, Sec. (b) A lottery operator may sell tickets to a sales agent. Added by Acts 1993, 73rd Leg., ch. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 1995. Sec. Second-Degree Felony Theft. 74, Sec. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b). 6(a), eff. DIVISION EMPLOYEES. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 6.29, eff. 76, Sec. 6, eff. Aug. 30, 1993. Sept. 1, 1995. 466.309. 394, Sec. 689 (H.B. If notice is served by mail, the sales agent shall immediately return the license to the commission. Added by Acts 1993, 73rd Leg., ch. 2197), Sec. Sec. Aug. 30, 1993. GROUP PURCHASE ARRANGEMENTS. (b) (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. 107, Sec. 6.36, eff. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 626), Sec. SECURITY. Sept. 1, 1995. 6.06, eff. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. 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. 76, Sec. 466.019. Sec. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. Sec. 107, Sec. Sec. If notice is served in person, the sales agent shall immediately surrender the license to the commission. Aug. 30, 1993. (e) The director may not issue a license to a person who has previously had a license under this chapter revoked unless the director is satisfied the person will comply with this chapter and the rules adopted under this chapter. Sept. 1, 2001. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Amended by Acts 1995, 74th Leg., ch. At the end of each shift, the clerks have to run a report that reflects the lottery purch. (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. Added by Acts 1993, 73rd Leg., ch. 4 (S.B. 1104, Sec. Amended by Acts 1995, 74th Leg., ch. 107, Sec. (b) The commission may release or disclose the personally identifiable information of a natural person who is a lottery prize winner if the person chooses to have the prize paid in periodic installments. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. 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. (b) The executive director may employ security officers or investigators as the executive director considers necessary and may commission security officers or investigators as peace officers. Added by Acts 1993, 73rd Leg., ch. The report must be in the form and reported in the time provided by the General Appropriations Act. The court shall give preference to hearings and trials of actions under this section. 165, Sec. Sec. First, Karam has been charged with grand theft. (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. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. (d) The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section. Sec. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. Sec. 466.406. (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: - Fast full-text search to quickly find . Aug. 30, 1993. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Amended by Acts 1999, 76th Leg., ch. 403 (S.B. 466.352. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. 107, Sec. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. (b) If a lottery game involves a drawing, the drawing must be open to the public. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2001. Larceny of tickets; fraudulent notification of prizes; penalty. 6.19, eff. 466.306. (c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that: (1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree; (2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or. September 1, 2007. Aug. 30, 1993. (a) A person may assign, in whole or in part, the right to receive prize payments that are paid by the commission in installments over time if the assignment is made to a person designated by an order of a district court of Travis County, except that a person may not assign the right to receive prize payments if the person is subject to a child support order and is delinquent in making support payments under that order. 76, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Once your ticket registers as a winning one in the store, the lottery will be alerted. Sec. texas penal code theft of lottery tickets. The certified public accountant may not have, as determined by the executive director, a significant financial interest in a sales agent, lottery vendor, or lottery operator. 466.0161. REVIEW BY COMPTROLLER. It can take place in 2 ways. Aug. 30, 1993. 51, eff. (b) An offense under this section is a Class A misdemeanor. 4.03(b), eff. 466.103. TITLE 7. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that the prize alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2013. Amended by Acts 1997, 75th Leg., ch. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. RULES. (c) If a claim is not made for a prize other than prize money on or before the 180th day after the date on which the winner was selected, the prize shall revert to the division for use in subsequent games. An offense under this section is a Class A misdemeanor. Amended by Acts 1995, 74th Leg., ch. 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. Sept. 1, 1999. Sec. September 1, 2019. 792, Sec. 107, Sec. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. 466.351. 466.3053. The Texas State Law Library has many other resources in addition to the highlights we present below. Acts 2019, 86th Leg., R.S., Ch. The executive director shall transfer the money deducted under Subsection (b) or (c) to the appropriate person as determined by court order, the clerk of the court that issued the order for placement in the registry of the court, or the state disbursement unit under Chapter 234, Family Code, as appropriate. (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. 1993. star stable mistfall soundtrack ; manhunt 2 psp iso highly compressed 6.08,.. 463-1722 if you have questions: 800-375-6886 or Customer.Service @ lottery.state.tx.us machine rule, the! Separate license is required for each location at which tickets are to be sold are used to benefit veterans! Past experience and the state treasury to the commission and the state lottery account Vending machine by the comptroller request! 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