After conducting investigations, the executive director, a person designated by the commission, or any law enforcement agency may file a complaint with the district attorney of Travis County or with the district attorney of the county in which a violation is alleged to have occurred. (e) The director may provide for a sales agent to pay amounts received for the sale of tickets directly to an officer or employee of the division for immediate deposit in the state treasury. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 993 (H.B. Added by Acts 1993, 73rd Leg., ch. 323 (H.B. June 17, 2011. Search Texas Statutes. Sec. 993 (H.B. Sec. 466.0161. REVIEW BY COMPTROLLER. At the end of each shift, the clerks have to run a report that reflects the lottery purch. MINORITY BUSINESSES. Sept. 1, 1995. 626), Sec. Sec. Aug. 30, 1993. 1104, Sec. 6.31, eff. Aug. 30, 1993. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. 466.355. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 31.03 (b) (1). Added by Acts 1993, 73rd Leg., ch. APPLICABILITY OF OTHER LAW. September 1, 2019. 1, eff. 6.11, eff. June 7, 2019. 6.35, eff. 1.51, eff. 466.305. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. 2482), 4. Aug. 30, 1993. (a) Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (e) The director may issue a license to a person only if the director finds that the person's experience, character, and general fitness are such that the person's participation as a sales agent will not detract from the integrity, security, honesty, and fairness of the operation of the lottery. Added by Acts 1993, 73rd Leg., ch. MULTIJURISDICTION AGREEMENT AUTHORIZED. 4.03(b), eff. 689 (H.B. Sec. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 135, Sec. GA-0837. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. Amended by Acts 1995, 74th Leg., ch. LICENSE REQUIRED. Section 12101 et seq.). 466.3011. Any person who steals or otherwise unlawfully converts to his own or another's use a lottery ticket, prize, share, or portion thereof shall be guilty of larceny. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 2197), Sec. 107, Sec. 466.254. (2) "Director" means the director of the division. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. CONFIDENTIAL INFORMATION. 6.22, eff. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Sec. (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. (a) The commission shall adopt all rules necessary to administer this chapter. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. 3560), Sec. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. 466.306. Sec. This subsection does not require a commission member to sign the contract. (b) An offense under this section is a Class C misdemeanor. Added by Acts 1993, 73rd Leg., ch. For more information, see Texas Penal Code Section 32.47. 76, Sec. 107, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 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. 6.48, eff. Sec. 76, Sec. Sec. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. 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. The suspension is effective at the time the notice is served. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . 32.01. Amended by Acts 1995, 74th Leg., ch. On July 19 at 3:00 am . 4.03(b), eff. 107, Sec. 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. 76, Sec. 4.03(b), eff. 466.109. 3), Sec. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* Sec. 1394, Sec. 76, Sec. Counterfeit and Altered Tickets. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. (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. CLAIMING LOTTERY PRIZE BY FRAUD. Amended by Acts 1995, 74th Leg., ch. 6.46, eff. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. Acts 2013, 83rd Leg., R.S., Ch. 466.002. Amended by Acts 1995, 74th Leg., ch. 466.4001. 76, Sec. Aug. 30, 1993. (b) This section does not waive any immunity of the commission or this state. - Real-time section number search. Added by Acts 1993, 73rd Leg., ch. (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 involved is greater than $10,000, in which event the offense is a felony of the second degree. (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. The term does not include an assignee of a lottery prize. Added by Acts 1993, 73rd Leg., ch. Sec. Sept. 1, 1995. 8, eff. DEFINITIONS. (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. (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. Sec. 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. Aug. 30, 1993. (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, 1997; Acts 1999, 76th 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). 466.253 and amended by Acts 1995, 74th Leg., ch. 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. 107, Sec. (c) Applications for licenses must be available for public inspection during regular office hours. 4.03(b), eff. 466.001. 22990010 burglary of bldng enter/conceal intnd theft cs 30.02(c-1)(2) pc f3 22990011 burglary of vehicles 30.04(d) pc ma . June 19, 2009. 107, Sec. 4.03(b), eff. (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. 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. 6.29, eff. 76, Sec. 107, Sec. PREFERENCE FOR TEXAS BUSINESSES. (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. (a) A specific prize as set forth by the prize structure of a specific lottery game may not be paid more than once. 403 (S.B. 6.18, eff. (a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game. 466.451. (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. (d) The director may provide for a sales agent to retain from the money received from the sale of tickets the amount of prizes paid by the agent or the agent's commission, if any, and may establish how often the agent will make settlement payments to the treasury. 391, eff. Added by Acts 1993, 73rd Leg., ch. 466.408. Sept. 1, 1995. 1655), Sec. 1, eff. (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. (b) The state may enter into a compact with another state or state government or an Indian tribe or tribal government to permit the sale of lottery tickets of this state in the state's, tribe's, or government's jurisdiction and to allow the sale of the state's, tribe's, or government's lottery tickets in this state. (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). (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. 4.03(b), eff. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells or offers to sell a ticket to an individual that the person knows is younger than 18 years of age. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. 6(a), eff. 466.3012. (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. September 1, 2013. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. Sec. The commission shall adopt rules regarding the form and frequency of reports under this subsection. 466.204. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. (a) The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter. 76, Sec. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. Sec. 66, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 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. 76, Sec. (b) The executive director may establish a provisional license or other classes of licenses necessary to regulate and administer the quantity and type of lottery games provided at each licensed location. 466.3051. June 19, 2009. 6.16, eff. 592, Sec. Added by Acts 1993, 73rd Leg., ch. (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. 792, Sec. Sec. (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. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. September 1, 2013. 6.12, eff. Amended by Acts 1995, 74th Leg., ch. A 37-year-old Victorville man has been arrested more than two weeks after allegedly stealing about $5,000 in California Lottery scratcher tickets, according to the Hesperia Police Department. California Penal Code 484(a) PC defines the crime of petty theft as wrongfully taking or stealing someone else's property when the value of the property is $950.00 or less.. (5) a mail order subscription on a mail order subscription form authorized by the commission. Sec. Aug. 30, 1993. 1, eff. 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. (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. 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. Aug. 30, 1993. If the sales agent uses an on-line electronic terminal to sell tickets, the director or a lottery operator on the instructions of the director may terminate the connection of the terminal to the commission's lottery computer at the time: (1) the proceeding to summarily suspend the license is initiated; or. Product Features: - The full text of the Texas Penal Code. Amended by Acts 1995, 74th Leg., ch. 5, eff. 1158, Sec. September 1, 2013. TICKET VALIDATION; DRAWINGS. (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. 993 (H.B. (5) has violated this chapter or a rule adopted under this chapter. 466.4075. 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. 1, eff. SUMMARY SUSPENSION OF LICENSE. (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. (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. 76, Sec. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. 6.27, eff. 76, Sec. May 20, 2009. 107, Sec. 394, Sec. Sec. (3) property in the custody of any law enforcement agency was explicitly represented by any law . 201, Sec. (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. (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. (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. 466.201. 1423, Sec. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. 466.021. Sec. Sec. 5.95(50), 6.24, eff. (b) The commission shall review and must approve all major procurements as provided by commission rule. September 1, 2013. 1, eff. Added by Acts 1993, 73rd Leg., ch. 6.09, eff. PURCHASE AND SALE OF TICKETS. The executive director shall appoint a deputy to administer the department. california state library staff. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Recent Changes to the Laws. Sec. Sept. 1, 2001. (b) The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division. 3.02, eff. 2, eff. Sept. 1, 1997. 466.411. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1995. 76, Sec. 2, eff. Sec. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. Sec. SHORT TITLE. 76, Sec. Sept. 1, 1995. (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. 76, Sec. Sec. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 4.03(b), eff. LIABILITY OF SALES AGENT. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 466.203. 2.72(b). Sept. 1, 1995. Sec. (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. Sec. 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. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. Added by Acts 1993, 73rd Leg., ch. 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 shall develop a comprehensive business plan to guide the commission's major initiatives. Sept. 1, 1995. 4.03(b), eff. 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. (2) expenses of operating the lottery and paying prizes are not expenses of state government. DEMOGRAPHIC STUDIES. 466.151. (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. (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. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Larceny of tickets; fraudulent notification of prizes; penalty. Added by Acts 2013, 83rd Leg., R.S., Ch. 1385 (S.B. 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