76, Sec. Aug. 30, 1993. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. (b) The commission shall review and must approve all major procurements as provided by commission rule. Sept. 1, 2001. Sept. 1, 1997; Acts 1999, 76th Leg., ch. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. (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. 4.03(b), eff. INFLUENCING SELECTION OF WINNER. 76, Sec. 6.12, eff. Sept. 1, 2001. PAYMENT OF PRIZE TO MULTIPLE WINNERS. 76, Sec. 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. (3) the bankruptcy or receivership of a sales agent. (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. 4.03(b), eff. (d) With respect to any given prize, the order shall also recite and identify all prior assignments by amount of or fraction of payment assigned, the identity of the assignee, and the date(s) of payment(s) assigned. 466.253 and amended by Acts 1995, 74th Leg., ch. Sec. PAYMENT OF PRIZE IN INSTALLMENTS. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. 6.31, eff. 6.45, eff. TITLE 7. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. Amended by Acts 2001, 77th Leg., ch. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. 6.27, eff. 466.404. Sept. 1, 2003. The . Added by Acts 1995, 74th Leg., ch. June 15, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. September 1, 2017. Aug. 30, 1993. 1, eff. Added by Acts 1993, 73rd Leg., ch. 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. Sec. DIVISION EMPLOYEES. Sec. 466.103. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. The state auditor may review the results of and working papers related to the audit. Sec. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. 58.1-4018.1. 1, eff. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. 1104, Sec. 466.305. An advertisement or promotion for the lottery may not contain the likeness or name of a state officer, including a commission member or the executive director, or an officer or employee of the commission. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Sept. 1, 1995. (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. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. 6.03, eff. 6.09, eff. (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. Texas State Offense: Gambling Promotion. 689 (H.B. 5, eff. 466.102. > texas penal code theft of lottery tickets. 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. 1 / 163. - Real-time section number search. 1, eff. Sec. THEFT. 107, Sec. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. 466.354. Sept. 1, 1995. (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. 2, eff. (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. (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. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 6.19, eff. Sec. 2, eff. 76, Sec. Amended by Acts 1995, 74th Leg., ch. (a) A person commits an offense if the person intentionally or knowingly sells a ticket and the person accepts anything other than the following as payment for the ticket: (2) a negotiable instrument in the form of a check that meets the requirements of Section 3.104, Business & Commerce Code; (3) a debit made through a financial institution debit card; (4) a coupon or voucher issued by the commission for purposes of purchasing a lottery ticket; or. (a) The department of security shall supervise ticket validation and lottery drawings. 3), Sec. 1, eff. 4.03(b), eff. (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. 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. REVENUE FROM MULTIJURISDICTION LOTTERY. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract. (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. 1153, Sec. Retail Theft (Shoplifting) Under Texas Law. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. Sec. (b) A person commits an offense if the person knowingly refuses to produce for inspection by the director, executive director, commission, or state auditor a book, record, or document required to be maintained or made by this chapter or a rule adopted under this chapter. Added by Acts 1999, 76th Leg., ch. Sec. 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. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sec. (4) the executive director learns the sales agent has failed to disclose information that would, if disclosed, render the sales agent ineligible for a license under Section 466.155. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 466.015. 4.03(b), eff. TELEVISION CONTRACTS. (a) This section applies only to a prize that is awarded by the director under Section 466.402(b), including a prize paid in periodic installments. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. hereinafter provided; (B) the rehabilitation of those convicted of violations. 6.48, eff. Sept. 1, 2001. The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first. 190 (H.B. An offender can also receive enhanced penalties for preventing or . The commission by rule shall establish the procedures for depositing money from ticket sales into electronic funds transfer accounts, as well as other procedures regarding the handling of money from ticket sales. 466.405. 198, Sec. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. . 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. 76, Sec. Sec. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 4.03(b), eff. 2, eff. 466.022. 198, Sec. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (1) "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that: (A) is managed and, in daily operations, is controlled by minority group members; and. 59), Sec. (b) The director shall pay the cash equivalent of a prize other than prize money if more than one person is entitled to share the prize as provided by Subsection (a). POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 8.21, eff. 4.03(b), eff. Aug. 30, 1993. 6.33, eff. 6.30, eff. RULES. (b) An offense under this section is a Class A misdemeanor. (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. 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 . (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Sec. Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. (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. Aug. 30, 1993. 466.409. Sec. 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. SUBCHAPTER A. May 20, 2009. (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. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. OFFENSES AGAINST PROPERTY. Sec. 2197), Sec. 6.37, eff. ANNUAL REPORT. 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. The equipment must be inspected immediately before and after the drawing. 1423, Sec. (c) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age. 107, Sec. 32.01. 6(a), eff. The maximum penalty is a year of imprisonment. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Petty theft is a misdemeanor punishable by. 323 (H.B. UNCLAIMED PRIZES. The study must include the income, age, sex, race, education, and frequency of participation of players. 466.0161. REVIEW BY COMPTROLLER. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. DEPARTMENT OF PUBLIC SAFETY RECORDS. (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. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. Added by Acts 1993, 73rd Leg., ch. 466.108. (c) The overall estimated odds of winning a prize in a particular lottery game must be printed on each ticket and prominently displayed in association with the sale of lottery products. 466.023. The director may not issue a license to a person to engage in business exclusively as a sales agent. Sec. 466.254. 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. (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. 1158, Sec. 394, Sec. The commission shall adopt rules governing the competitive bidding process. 107, Sec. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. 2197), Sec. (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. 466.004. 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. 678, Sec. Sec. 466.204. Aug. 30, 1993. FRAUD. HB 2168, effective June 8, 2021, amended the Professional Sports Team . (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. Sept. 1, 2003. Added by Acts 1993, 73rd Leg., ch. (e) The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 993 (H.B. Code Order (PDF) 11-01-2022; Version 18 Offense . Amended by Acts 1995, 74th Leg., ch. 466.151. Aug. 30, 1993. 76, Sec. (a) The director and each lottery operator shall determine the compensation to be paid to sales agents for the sale of tickets as provided by this section. (a) The division shall retain an unclaimed prize on a winning ticket for payment or delivery to the person entitled to the prize for 180 days after the date on which the winner was selected. Amended by Acts 1995, 74th Leg., ch. A hearing under this section is subject to Section 2001.058(e). Sept. 1, 1995. (2) expenses of operating the lottery and paying prizes are not expenses of state government. DEFINITIONS. 466.310. The application must state the basis for the applicant's claim to be the successor in interest to the sales agent and must contain a certification that the applicant would be eligible for a license under Section 466.155. Sec. PURCHASE AND SALE OF TICKETS. Acts 2013, 83rd Leg., R.S., Ch. 76, Sec. 76, Sec. 466.202. (c) If the prize is paid in periodic installments, the executive director shall deduct from periodic installment winnings paid to a prize winner amounts owed by the prize winner for child support 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. Added by Acts 1993, 73rd Leg., ch. PUBLICITY OF INDIVIDUALS PROHIBITED. Sec. 1, 2, eff. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 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. If married, the assignor shall identify his or her spouse and submit to the court a sworn and notarized statement wherein the spouse consents to the assignment. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. September 1, 2013. 466.156. 4.03(b), eff. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. 4.03(b), eff. CONFIDENTIAL INFORMATION. In Texas, a conviction for a second-degree felony theft can result in imprisonment for up to 20 years and/or a fine of up to $10,000. 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. Added by Acts 1993, 73rd Leg., ch. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 31.03 (b) (1). (a) Each sales agent shall post a cash bond, surety bond, letter of credit, certificate of deposit, or other security approved by the executive director, including the contribution of cash to a pooled bond fund established by the executive director to protect the state from possible losses. Aug. 30, 1993. 107, Sec. Sec. Amended by Acts 1999, 76th Leg., ch. 6.40, eff. 107, Sec. 107, Sec. 466.352. 76, Sec. 4.03(b), eff. September 1, 2007. Amended by Acts 1995, 74th Leg., ch. (d) A separate license is required for each location at which tickets are to be sold. 107, Sec. 76, Sec. The Texas State Law Library has many other resources in addition to the highlights we present below. Added by Acts 1993, 73rd Leg., ch. The court shall give preference to hearings and trials of actions under this section. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. June 17, 2011. 107, Sec. 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. Aug. 30, 1993. 2197), Sec. 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. (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. Menu. (c) An offense under this section is a felony of the third degree. PENAL CODE. 466.3051. Acts 2009, 81st Leg., R.S., Ch. 4.03(b), eff. Sec. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. 6, eff. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. September 28, 2011. Aug. 30, 1993. Product Features: - The full text of the Texas Penal Code. (e) The court order shall include specific findings as to compliance with the requirements of Subsections (b), (c), and (d) and shall specify the prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, and the name of the prize winner as it appears on the lottery claim form. 1655), Sec. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. Amended by Acts 1995, 74th Leg., ch. 107, 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. APPLICABILITY OF OTHER LAW. Tex. September 1, 2013. PROHIBITED GAMES. Each of those items is subject to discovery by a person that is the subject of the item. May 1, 2022 . The director shall set the salaries of these employees. Sept. 1, 1995. (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. 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