SUMMARY SUSPENSION OF LICENSE. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997. June 19, 1999. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. DUTIES OF COMPTROLLER. LICENSE APPLICATION; FEE. 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. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 6.38, 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. 12.34 Third Degree Felony Punishment (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. Aug. 30, 1993. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. 107, Sec. 17.19(5), eff. Renumbered from Sec. (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. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. 626), Sec. 4.03(b), eff. 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. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. Aug. 30, 1993. FRAUD. Aug. 30, 1993. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. Acts 2011, 82nd Leg., R.S., Ch. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. 466.021. 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. Sec. (b) This section does not waive any immunity of the commission or this state. (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. Renumbered from Sec. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. Sec. SALE OF TICKET BY UNAUTHORIZED PERSON. 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 . Aug. 30, 1993. Added by Acts 2011, 82nd Leg., R.S., Ch. 4, eff. 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. 466.352. 1, eff. Added by Acts 1995, 74th Leg., ch. A thief who stole two whole bins of Texas Lottery scratch-off tickets from a gas station has been caught by police after he attempted to cash in a prize. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. 4.03(b), eff. 4.03(b), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. The deputy and all investigators employed by the department of security as peace officers must meet the requirements under Chapter 415 for employment and commission as peace officers. 135, Sec. 466.160. 6.22, eff. probation, fines, restitution to the victim, and; up to 6 months of jail time. Sept. 1, 1995. A license may not be transferred or assigned to any other person or location. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sections 4301-4333), as amended. (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. LICENSE REQUIRED. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. > texas penal code theft of lottery tickets. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . AUDITS. Sec. (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. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. Sec. 403 (S.B. 76, Sec. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. 107, Sec. Aug. 30, 1993. 993 (H.B. An independent certified public accountant must witness the drawing. 2, eff. 107, Sec. 107, Sec. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. The maximum penalty is a year of imprisonment. (a) By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved. 76, Sec. (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. 107, Sec. Sept. 1, 1995. First, consider the primary form of theft known as larceny theft. Aug. 30, 1993. Sec. (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. (a) The state lottery account is a special account in the general revenue fund. For more information, see Texas Penal Code Section 32.47. . (c) The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. OFFENSES AGAINST PROPERTY. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. STATE LOTTERY ACCOUNT. The commission shall adopt rules regarding the form and frequency of reports under this subsection. Also punishable as a state jail felony is 1) theft of a firearm, 2) a third theft conviction (even if the value of the stolen property on the third case is less than $2,500), 3) any theft under $20,000 if the theft is a metal including aluminum, copper, brass and copper, 4) an official . If the director determines that more than one claimant has been awarded a specific unpaid prize in a specific lottery game, each claimant is entitled only to an equal share of the prize. Sec. Sept. 1, 1995. (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. Sec. (c) An offense under this section is a Class A misdemeanor. 76, Sec. Added by Acts 1993, 73rd Leg., ch. June 14, 2013. 466.253 and amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. 107, Sec. PAYMENT OF PRIZE TO MULTIPLE WINNERS. 993 (H.B. The court shall give preference to hearings and trials of actions under this section. 107, Sec. 76, Sec. 76, Sec. (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. 76, Sec. (b) The commission shall review and must approve all major procurements as provided by commission rule. Aug. 30, 1993. Added by Acts 2013, 83rd Leg., R.S., Ch. 4, eff. Aug. 30, 1993. Acts 2009, 81st Leg., R.S., Ch. Aug. 30, 1993. Refreshed: 2021-06-07 Texas Penal Code Sec. 4.03(b), eff. Sec. 466.353. Sept. 1, 1995. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. Acts 2019, 86th Leg., R.S., Ch. Sec. Added by Acts 1993, 73rd Leg., ch. If notice is served by mail, the sales agent shall immediately return the license to the commission. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 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. (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . 466.306. 4.03(b), eff. 1, eff. 466.016. (4) enforcement of prohibitions on a person playing a lottery game by telephone. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. (3) the assignor provides a sworn and notarized affidavit stating that the assignor: (A) is of sound mind, over 18 years of age, is in full command of the person's faculties, and is not acting under duress; (B) is not delinquent in payment of child support under a court or administrative order issued in this state or another state; (C) has been advised regarding the assignment by independent legal counsel and has had the opportunity to receive independent financial and tax advice concerning the effects of the assignment; (D) understands that the assignor will not receive the prize payments, or portions of the prize payments, for the assigned years; (E) understands and agrees that with regard to the assigned payments, the state, the commission, and its officials and employees will have no further liability or responsibility to make the assigned payments to the assignor; (F) has been provided a one-page written disclosure statement stating, in boldfaced type, 14 points or larger: (i) the payments being assigned, by amounts and payment dates; (ii) the purchase price being paid, if any; (iii) if a purchase price is paid, the rate of discount to the present value of the prize, assuming daily compounding and funding on the contract date; and, (iv) the amount, if any, of any origination or closing fees that will be charged to the assignor; and. (a) The director may authorize prizes to be paid by warrants to be drawn on the state lottery account. Aug. 30, 1993. September 28, 2011. 4.03(b), eff. September 1, 2021. (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. 4.03(b), eff. Sec. (3) the bankruptcy or receivership of a sales agent. 466.104. REPORTING AND RECORD VIOLATIONS. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. 4.03(b), eff. (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. 76, Sec. (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. PROHIBITED ADVERTISEMENTS. Sept. 1, 2003. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. (a) Except as provided by Subsection (d), all revenue received from the sale of tickets and all money credited to the state lottery account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the director. 6.18, eff. 1545), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. PAYMENT OF COSTS AUTHORIZED. Acts 2013, 83rd Leg., R.S., Ch. 107, Sec. 6.11, eff. 8.22, eff. Amended by Acts 1995, 74th Leg., ch. (f) The commission may adopt rules necessary to administer this section. 466.354. Sec. 466.3012. Acts 2017, 85th Leg., R.S., Ch. (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. 466.4075. Code Order (PDF) 11-01-2022; Version 18 Offense . Sec. What is Theft by Deception Under Texas Law? Section 12101 et seq.). Sec. (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, 1995. (a) The executive director shall prescribe the form of tickets. In Texas Penal Code Section 29.02 (a) (1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury to another. 6.27, eff. 5.95(94), 6.09, eff. A court order obtained pursuant to this section, together with all such prior orders, shall not require the commission to divide any single prize payment among more than three different persons. 1555), Sec. 626), Sec. AGGREGATION OF AMOUNTS INVOLVED. - Real-time section number search. 466.158. 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. 8, eff. (1) "Adult" means an individual who is at least 18 years of age. 107, Sec. Renumbered from Sec. 713 (S.B. Added by Acts 1993, 73rd Leg., ch. 466.452. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. 466.255 and 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. September 1, 2017. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . LIQUIDATED DAMAGES; PERFORMANCE BOND. Below are some of the library resources that can provide further guidance on this topic. 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. 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. 4.03(b), eff. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. 466.002. (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. Aug. 30, 1993. 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