76, Sec. The commission shall provide for a formal administrative hearings process. 2, eff. 4.03(b), eff. (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. 5, eff. 3), Sec. Sec. 76, Sec. Amended by Acts 1995, 74th Leg., ch. 2509), Sec. 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. 6.12, eff. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. Amended by Acts 1995, 74th Leg., ch. REVENUE FROM MULTIJURISDICTION LOTTERY. Added by Acts 1993, 73rd Leg., ch. Sec. 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. 466.308. (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. Sept. 1, 1999. TICKET VALIDATION; DRAWINGS. Added by Acts 1993, 73rd Leg., ch. 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. Aug. 30, 1993. 466.017. Theft between $2,500 and $30,000 is a state jail felony. 6.29, eff. 76, Sec. 466.254. 4.03(b), eff. (b) An offense under this section is a Class A misdemeanor. (B) the convenience of players and holders of winning tickets. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. (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. May 20, 2009. Sept. 1, 1995. 4.03(b), eff. 466.408. Sec. 1359 (H.B. 466.307. Acts 2009, 81st Leg., R.S., Ch. (b) Payment of prize payments not previously assigned as provided by this section or Section 466.410 shall be made to the estate of a deceased prize winner if the prize winner was an individual. 6.22, eff. Larceny of tickets; fraudulent notification of prizes; penalty. 2. EXPIRATION OF LICENSE; RENEWAL. 76, Sec. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. DELIVERY OF FUNDS. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. MINORITY BUSINESSES. 107, Sec. i bought a flip or flop house. 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. Aug. 30, 1993. 8.21, eff. 76, Sec. Aug. 30, 1993. (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. (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. 107, Sec. 59), Sec. 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. Added by Acts 1995, 74th Leg., ch. 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. 466.313. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. Sec. Sec. 3, eff. Added by Acts 2009, 81st Leg., R.S., Ch. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. 466.256. (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. PREFERENCE FOR TEXAS BUSINESSES. 107, Sec. IMMUNITY; CIVIL ACTIONS. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. (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. 31.01. 58.1-4018.1. (b) The payment of a prize in an amount of $600 or more may be made only by the director. September 1, 2017. (D) Mexican Americans and other Americans of Hispanic origin. 4.03, eff. Second-Degree Felony Theft. 107, Sec. 7, eff. If notice is served by mail, the sales agent shall immediately return the license to the commission. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. 1), Sec. 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. 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. The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor. (c) A person commits an offense if the person violates this section. Acts 2011, 82nd Leg., R.S., Ch. 466.3052. Sept. 1, 1995. CONFIDENTIAL INFORMATION. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. Sept. 1, 1995. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. Sec. The equipment must be inspected immediately before and after the drawing. Aug. 30, 1993. 107, Sec. Sec. 1423, Sec. PENAL CODE. (3) "Division" means the lottery division established by the commission under Chapter 467. VETERANS' ASSISTANCE GAME. (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. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 5(a), eff. 6.21, eff. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. (a) The commission shall adopt all rules necessary to administer this chapter. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 466.401. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. (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 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. Sept. 1, 1995. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). Aug. 30, 1993. On receipt of notice by the Department of Public Safety that the Statewide Texas Amber Alert Network has been activated, the commission shall disseminate Amber Alert information at its retail locations through the lottery operator system. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 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. A notice may be served on an applicant or sales agent personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. Sec. Theft From a Person. (4) "Executive director" means the executive director of the commission. Id. DIVISION EMPLOYEES. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. 76, Sec. 6.37, eff. What is Theft by Deception Under Texas Law? June 17, 2011. 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. Sept. 1, 1995. 107, Sec. 107, Sec. 466.409. Added by Acts 1993, 73rd Leg., ch. (a) An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission. Sections 4301-4333), as amended. 3.078, eff. 466.312. 76, Sec. GA-0837. 1, eff. 466.104. 76, Sec. 5, eff. 2197), Sec. 466.101. Amended by Acts 1995, 74th Leg., ch. (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. (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. Acts 2019, 86th Leg., R.S., Ch. The attorney general, the district attorney for Travis County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which the violation or alleged violation occurred may investigate a violation or alleged violation of this chapter and of the penal laws of this state by the commission or its employees, a sales agent, a lottery vendor, or a lottery operator. Sec. 4.03(b), eff. Search Texas Statutes. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. 6.25, eff. (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. (a) The state lottery account is a special account in the general revenue fund. 696, Sec. Amended by Acts 1999, 76th Leg., ch. Added by Acts 2013, 83rd Leg., R.S., Ch. It can take place in 2 ways. (3) "Minor" means an individual who is younger than 18 years of age. June 14, 2013. GA-0812. Sept. 1, 1995. 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. 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. (a) Annually, the comptroller shall review the management and operations of the lottery. (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. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . 626), Sec. 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. 466.0161. REVIEW BY COMPTROLLER. 2197), Sec. 74 (H.B. Aug. 30, 1993. 4.03(b), eff. A person may not purchase a ticket or claim, collect, or receive a lottery prize or a share of a lottery prize if the person is: (1) a member, officer, or employee of a person that has a contract with the commission to sell or lease goods or services used in the operation of the lottery, and the member, officer, or employee is directly involved in selling or leasing the goods or performing the services that are the subject of the contract with the commission; (2) a member, officer, or employee of a lottery operator; (3) an officer or employee of the commission; or. 4.03(b), eff. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. Sec. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. (b) The applicant must include an application fee with each application. 6.31, eff. (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. June 19, 2009. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. Sept. 1, 1995. About one in every 50 Texans suffered a 2019 larceny-theft loss. 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. Aug. 30, 1993. TREATMENT OF PRIZE PAYABLE ON TICKET PURCHASED BY INELIGIBLE PERSON. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. Sec. > texas penal code theft of lottery tickets. (B) is a domestic business entity with a home or branch office located in this state and is not a branch or subsidiary of a foreign corporation, firm, or other business entity. 32.01. 59), Sec. DUTIES OF COMPTROLLER. Lottery ticket fraud can be punished under several California laws. AGGREGATION OF AMOUNTS INVOLVED. If the assignor is married and the sworn and notarized statement is not presented to the court, the court shall determine, to the extent necessary and as appropriate under applicable law, the ability of the assignor to make the proposed assignment without the spouse's consent. Amended by Acts 1995, 74th Leg., ch. (e) No organization that would otherwise be eligible to receive funds from the state lottery account attributable to any lottery game authorized by this section may receive any such funds if it conducts illegal gambling or the illegal operation of gambling devices as defined by Chapter 47, Penal Code, or allows illegal gambling or the illegal operation of gambling devices to be conducted on its property or in its facilities. 466.203. SHORT TITLE. Sept. 1, 1999. (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. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. 29, eff. Aug. 30, 1993. (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. 4.03(b), eff. Sec. Amended by Acts 1995, 74th Leg., ch. 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. 6.23, eff. 107, Sec. PAYMENT OF PRIZE TO MULTIPLE WINNERS. 466.152. (a) On request of the executive director, the comptroller shall assist the executive director in: (1) acquiring facilities, supplies, materials, equipment, and services under Subtitle D, Title 10; or. (c) It shall be the responsibility of the assignor to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. 6.16, eff. 6.39, eff. Code Order (PDF) 11-01-2022; Version 18 Offense . 4.03(b), eff. The Texas State Law Library has many other resources in addition to the highlights we present below. 107, Sec. 6.47, eff. Sec. The executive director may propose rules to be adopted by the commission, but the executive director's proposed rules have no effect until adopted by the commission. 6, eff. Amended by Acts 1995, 74th Leg., ch. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . The acquisition of transmission facilities must be done on a competitive bid basis if possible. 626), Sec. 6.08, eff. (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. (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. . Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". (b) An offense under this section is a felony of the third degree. 6.33, eff. (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. Added by Acts 1993, 73rd Leg., ch. 2197), Sec. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. (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. Acts 2013, 83rd Leg., R.S., Ch. Sec. 107, Sec. 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. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. hereinafter provided; (B) the rehabilitation of those convicted of violations. 2, eff. Larceny of tickets; fraudulent notification of prizes; penalty. 6.18, eff. STATE LOTTERY ACCOUNT. 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