Aug. 30, 1993. 466.309. Added by Acts 1993, 73rd Leg., ch. Sec. 1423, Sec. Sec. 466.152. Amended by Acts 1995, 74th Leg., ch. (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. PROHIBITED CONTRACTS. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Sec. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. 107, Sec. 5.95(50), 6.24, eff. Aug. 30, 1993. 466.154. 6.32, eff. IMMUNITY; CIVIL ACTIONS. Added by Acts 1993, 73rd Leg., ch. (b-1) Notwithstanding Subsection (b), if the legislature appropriates money from the general revenue fund to the programs described by Subsection (b) in an amount equal to the maximum amount of money that could be appropriated from unclaimed prize money to those programs under that subsection, all unclaimed prize money must be deposited to the credit of the foundation school fund. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. 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. 466.358. 1104, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 76, Sec. 626), Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 4, eff. contact us : 220 948-8593, email : deeperlife@gmail.com. MINORITY BUSINESSES. 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. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. SALE OF TICKET AT UNAUTHORIZED LOCATION. (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. 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. The director shall set the salaries of these employees. Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for: (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and, (B) is alleged to have committed the offense while engaged in lottery activities; or. Aggravated Robbery - Texas Penal Code Section 29.03 defines this as: (a) A person commits an offense if he commits robbery as defined in Section 2902, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. PAYMENT OF PRIZE IN INSTALLMENTS. 466.3054. (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. (5) has violated this chapter or a rule adopted under this chapter. 6.19, eff. 466.014. It can take place in 2 ways. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. 107, Sec. 466.313. (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. 6.20, eff. 1, eff. 466.351. (a) The commission may suspend a sales agent's license summarily without notice or hearing if the commission finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state and: (1) the sales agent fails to deposit money received from ticket sales under Section 466.351; (2) an event occurs that would render the sales agent ineligible for a license under Section 466.155; (3) the sales agent refuses to permit the executive director, the director, the commission, or the state auditor to examine the agent's books, records, papers, or other objects under Section 466.017(b); or. Acts 2011, 82nd Leg., R.S., Ch. Sec. 1, eff. 190 (H.B. (c) For purposes of this section, the amount of a lottery prize is the total amount of prize money paid to a prize winner for a single lottery prize claim, whether paid in one payment or in periodic installments, before deducting any federal tax withholdings or other deductions required by law. September 1, 2017. Amended by Acts 1995, 74th Leg., ch. 1, eff. 6.06, eff. 466.022. 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. 6.33, eff. The maximum penalty is a year of imprisonment. 466.002. June 19, 1999. Sept. 1, 1995. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. 76, Sec. Sec. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. Sept. 1, 1995. Aug. 30, 1993. September 1, 2013. Aug. 30, 1993. 6.36, eff. TITLE 7. Sec. June 15, 2001. 165, Sec. 4.03(b), eff. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Sec. 6.18, eff. (D) Mexican Americans and other Americans of Hispanic origin. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. 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. 1275, Sec. (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. Sections 4301-4333), as amended. (D) the director of the lottery division of the Texas Lottery Commission. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. (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. 201, Sec. 4.03(b), eff. Retail Theft (Shoplifting) Under Texas Law. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 6.26, eff. (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. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 442), Sec. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1999, 76th Leg., ch. 506 (S.B. Amended by Acts 2001, 77th Leg., ch. (2) "Director" means the director of the division. 107, Sec. (a) A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game. 8, eff. June 17, 2011. Sec. 466.203. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. 466.3053. Aug. 30, 1993. 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. 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. Added by Acts 1993, 73rd Leg., ch. 6.12, eff. 466.108. 466.016. Added by Acts 2003, 78th Leg., ch. (B) the remainder to the foundation school fund. Once your ticket registers as a winning one in the store, the lottery will be alerted. 4.03(b), eff. Aug. 30, 1993. texas penal code theft of lottery tickets. 76, Sec. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. PUBLICITY OF INDIVIDUALS PROHIBITED. Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. Added by Acts 1993, 73rd Leg., ch. GROUP PURCHASE ARRANGEMENTS. Sec. Sec. UNCLAIMED PRIZES. If notice is served in person, the sales agent shall immediately surrender the license to the commission. Sept. 1, 1995. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 3.078, eff. June 17, 2011. 937 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. 5.95(83), (94), 6.04, eff. Sept. 1, 1995. 76, Sec. (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. (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. Sec. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. 4.03(b), eff. Acts 2019, 86th Leg., R.S., Ch. Sec. (a) The state lottery account is a special account in the general revenue fund. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. 4.03(b), eff. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. 76, Sec. 4.03(b), eff. Sept. 1, 1995. Aug. 30, 1993. 107, Sec. 1, eff. (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. 1963), Sec. 993 (H.B. 1655), Sec. Sec. Aug. 30, 1993. (j) After receiving a letter or ruling from the Internal Revenue Service or a published decision of a court as provided by Subsection (i)(1) or (2), the executive director shall immediately file a copy of the letter, ruling, or published decision with the secretary of state. 5, eff. TITLE 7. Sept. 1, 1999. (b) This section does not waive any immunity of the commission or this state. (4) the balance, after creation of a reserve sufficient to pay the amounts needed or estimated to be needed under Subdivisions (1) through (3), to be transferred on or before the 15th day of each month as follows: (A) the portion of the balance attributable to the lottery game operated under Section 466.027 to the fund for veterans' assistance established by Section 434.017; and. The director may prescribe the terms under which a suspended license will be reissued. 107, Sec. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. (f) The commission may adopt rules necessary to administer this section. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Added by Acts 1993, 73rd Leg., ch. Retailer fails to monitor the machine as required to prevent sales to minors. Sec. Amended by Acts 1995, 74th Leg., ch. (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. The acquisition of transmission facilities must be done on a competitive bid basis if possible. 1, eff. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. 107, Sec. Added by Acts 1993, 73rd Leg., ch. June 17, 2011. (d) A contract between the division and a lottery operator under Subsection (b) must contain a provision allowing the contract to be terminated without penalty if the division is abolished. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . Sept. 1, 1995. INVESTIGATIONS. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. 76, Sec. 59), Sec. 17.19(5), eff. Sec. 37), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. COMPENSATION OF SALES AGENT. June 19, 2009. CHANGE IN APPLICATION INFORMATION. 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. 107, Sec. Added by Acts 1999, 76th Leg., ch. Aug. 30, 1993. Added by Acts 1997, 75th Leg., ch. 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. (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. Aug. 30, 1993. Section 12101 et seq.). Terms in this set (285) Objectives of Code. (a) A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to: (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery. (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. 31.03 (b) (1). (a) Subject to Subsection (b), a natural person who is a prize winner of a lottery prize in an amount equal to $1 million or more, or who is an owner of a beneficial interest in a legal entity that is a prize winner of a lottery prize in an amount equal to $1 million or more, may on the date the winner claims the prize choose to remain anonymous and prohibit all personally identifiable information from being released to the public. 466.158. (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. 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. 4.03(b), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. 466.253 and amended by Acts 1995, 74th Leg., ch. The commission shall adopt rules regarding the form and frequency of reports under this subsection. (a) The director may authorize prizes to be paid by warrants to be drawn on the state lottery account. 6.48, eff. Amended by Acts 1995, 74th Leg., ch. 466.404. Aug. 30, 1993. TICKET VALIDATION; DRAWINGS. Acts 2013, 83rd Leg., R.S., Ch. 3.04(a), eff. Aug. 30, 1993. 76, Sec. Sept. 1, 1995. About one in every 50 Texans suffered a 2019 larceny-theft loss. (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. 466.159. Added by Acts 1995, 74th Leg., ch. Sec. THEFT. 2, eff. 466.151. The commission by rule shall establish a procedure to determine what constitutes a major procurement based on the cumulative value of a contract and other relevant factors. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. SUBCHAPTER J. 76, Sec. Sec. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or. Acts 2011, 82nd Leg., 1st C.S., Ch. Sec. If the sales agent is not an individual, each officer, director, or owner of the sales agent is personally liable to the division for the full amount of the money or unsold tickets held in trust for the benefit of the state. Each of those items is subject to discovery by a person that is the subject of the item. Acts 2009, 81st Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. 4.03(b), eff. The commission may retain that revenue in the fund for as long as necessary to pay prizes claimed during the period designated for claiming a prize in the multijurisdiction lottery game. SALE OF TICKET BY UNAUTHORIZED PERSON. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . 6.41, eff. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. (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. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. 544, Sec. 76, Sec. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . 76, Sec. APPLICABILITY OF OTHER LAW. 107, Sec. Sept. 1, 1995. 466.452. Acts 2009, 81st Leg., R.S., Ch. 466.101. Sec. 6, eff. Code Order (PDF) 11-01-2022; Version 18 Offense . 1153, Sec. Sept. 1, 1995. (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. Aug. 30, 1993. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. (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. probation,; fines, restitution and; up to 6 months in county jail. 1, eff. 4, eff. 4.03(b), eff. Acts 2009, 81st Leg., R.S., Ch. (a) Except as provided by this section, revenue received from the sale of tickets in this state for a multijurisdiction lottery game is subject to Subchapter H. (b) The commission may deposit a portion of the revenue received from the sale of multijurisdiction lottery game tickets in this state into a fund shared with other parties to an agreement under this subchapter for the payment of prizes awarded in multijurisdiction lottery games in which the commission participates. 466.453. 4.03(b), eff. (1) "Adult" means an individual who is at least 18 years of age. (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. 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