4.03(b), eff. TITLE 7. September 1, 2013. 466.255 and amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. June 19, 2009. Sept. 1, 1999. 6.08, eff. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. Aug. 30, 1993. The applicant or sales agent shall notify the director of the change in the information not later than the 10th day after the date of the change. A notice must be served or mailed not later than the 20th day before the date of the hearing. This app contains statutes current with the 87th Legislature. Aug. 30, 1993. 466.253 and amended by Acts 1995, 74th Leg., ch. (d) The Department of Public Safety, at the commission's request, shall perform a full criminal background investigation of a prospective deputy or investigator of the department of security. Sept. 1, 1995. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. SALE OF TICKET ON CREDIT. (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. 2.72(b). 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. 165, Sec. Aug. 30, 1993. 190 (H.B. 29, eff. 5.95(94), 6.09, eff. 466.409. June 19, 2009. 466.014. Retailer fails to monitor the machine as required to prevent sales to minors. 4.03(b), eff. Renumbered from Sec. Code Order (PDF) 11-01-2022; Version 18 Offense . 4.03(b), eff. Sec. Sec. 6.06, eff. ASSISTANCE OF COMPTROLLER. LIQUIDATED DAMAGES; PERFORMANCE BOND. 6.11, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sec. CHAPTER 32. 559), Sec. Penal Code 47.03 creates an offense for gambling promotion. Added by Acts 1993, 73rd Leg., ch. 466.358. 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. (b) The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or sales agent fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application. TICKETS. Sections 4301-4333), as amended. Theft. Amended by Acts 1995, 74th Leg., ch. 466.351. 76, Sec. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . Sept. 1, 2001. 678, Sec. Sec. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. (D) Mexican Americans and other Americans of Hispanic origin. 466.352. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. 6.29, eff. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Aug. 30, 1993. CHANGE IN APPLICATION INFORMATION. The equipment must be inspected immediately before and after the drawing. (a) Annually, the comptroller shall review the management and operations of the lottery. (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. 3), Sec. 1420, Sec. (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. Added by Acts 1993, 73rd Leg., ch. (a) The executive director shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be: (1) delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the comptroller under Section 403.055; (2) in default on a loan made under Chapter 52, Education Code; or. Lottery ticket fraud can be punished under several California laws. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. (c) The director may authorize a sales agent to pay a prize in an amount less than $600 after performing procedures to validate the winning ticket as required by the director. 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. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. September 1, 2013. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. 4 (S.B. Sept. 1, 1995. 2, eff. September 1, 2013. Aug. 30, 1993. 466.019. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 466.156. Sec. (5) the object offense was not actually committed. Please call us at (512) 463-1722 if you have any questions about these materials. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. September 1, 2017. 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. 626), Sec. Added by Acts 1993, 73rd Leg., ch. 62, Sec. 6.02, eff. The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. 466.404. Sept. 1, 1995. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. June 17, 2011. Acts 2017, 85th Leg., R.S., Ch. Sec. The commission shall provide for a formal administrative hearings process. (b-1) A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to Section 2001.058(e). (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. (E) is 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 Paragraph (D); (2) is not an individual, and an individual described in Subdivision (1): (A) is an officer or director of the applicant or sales agent; (B) holds more than 10 percent of the stock in the applicant or sales agent; (C) holds an equitable interest greater than 10 percent in the applicant or sales agent; (D) is a creditor of the applicant or sales agent who holds more than 10 percent of the applicant's or sales agent's outstanding debt; (E) is the owner or lessee of a business that the applicant or sales agent conducts or through which the applicant will conduct a ticket sales agency; (F) shares or will share in the profits, other than stock dividends, of the applicant or sales agent; or. Sec. 4, eff. 4.03(b), eff. Sec. Sec. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Added by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., 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. 107, Sec. Sec. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. 6.31, eff. 466.106. Amended by Acts 1995, 74th Leg., ch. 323 (H.B. Search Texas Statutes. The full language of the code section reads: (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. (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. Amended by Acts 1997, 75th Leg., ch. 626), Sec. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). Sept. 1, 1995; Acts 1997, 75th Leg., ch. Renumbered from Sec. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. September 1, 2021. In this chapter: (1) "Commission" means the Texas Lottery Commission. 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.. Sec. INFLUENCING SELECTION OF WINNER. PROCUREMENTS. Amended by Acts 1995, 74th Leg., ch. (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. 76, Sec. 1394, Sec. THEFT. 4.03(b), eff. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. SECURITY. 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. 466.305. (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. (5) a mail order subscription on a mail order subscription form authorized by the commission. 1545), Sec. 466.355. Added by Acts 1993, 73rd Leg., ch. 135, Sec. Aug. 30, 1993. Renumbered from Sec. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. (c) An offense under this section is a felony of the third degree. (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. 76, Sec. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". Added by Acts 1993, 73rd Leg., ch. 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. Aug. 30, 1993. Added by Acts 2013, 83rd Leg., R.S., 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. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. 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. 198, Sec. 107, Sec. 1, eff. Sec. Robbery is a 2d degree felony in Texas. 4, eff. 466.0161. REVIEW BY COMPTROLLER. Sec. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. (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. Sept. 1, 1995. According to . 201, Sec. 4.03(b), eff. 466.110. (4) "Executive director" means the executive director of the commission. 1 / 163. 6.12, eff. Aug. 30, 1993. Penal Code 31.03 (a). 431 (S.B. 1353, Sec. Under Title 7, Section 31.03 of the Texas Penal Code, "A person commits an offense [theft] if he unlawfully appropriates property with intent to deprive the owner of property.". (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. -To insure the public safety through: (A) the deterrent influence of the penalties. (e) If the winnings of a prize winner exceed the amount deducted under Subsection (b) or (c) and Section 466.407 or any other section of this chapter allowing a deduction from the winnings of a prize winner, the executive director shall pay the balance to the prize winner. OFFENSES AGAINST PROPERTY. 6.36, eff. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. PAYMENT OF PRIZE TO MULTIPLE WINNERS. RULES. 107, Sec. 687, Sec. Sept. 1, 1995. Product Features: - The full text of the Texas Penal Code. 466.255 and amended by Acts 1995, 74th Leg., ch. 466.307. Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 2005, 79th Leg., Ch. Added by Acts 1993, 73rd Leg., ch. Sec. 466.353. 4.03(b), eff. Texas Penal Code Chapter 29.02. Sec. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. Sec. (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. (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. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or. 4.03(b), eff. (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. UNCLAIMED PRIZES. (3) the person has previously been convicted of an offense under Section 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2). 403 (S.B. 17.19(5), eff. Amended by Acts 1995, 74th Leg., ch. 6.39, eff. Added by Acts 1993, 73rd Leg., ch. Refreshed: 2021-06-07 Added by Acts 1993, 73rd Leg., ch. A hearing under this section is subject to Section 2001.058(e). (In California, for any prize over $350,000, an investigation is automatically launched.) 76, Sec. 4.03(b), eff. Sept. 1, 1995. 696, Sec. (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. Sec. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (c) Applications for licenses must be available for public inspection during regular office hours. 18.21, eff. (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. 6.23, eff. For the purpose of carrying out this chapter, the executive director or state auditor may examine all books, records, papers, or other objects that the executive director or state auditor determines are necessary for conducting a complete examination under this chapter and may also examine under oath any officer, director, or employee of a lottery operator or sales agent. Amended by Acts 1995, 74th Leg., ch. (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. 76, 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. (b) The applicant must include an application fee with each application. Amended by Acts 1995, 74th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 2003. PAYMENT OF PRIZE AWARDED TO MINOR. 107, Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (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. 4, eff. 466.105. (b) A lottery operator may sell tickets to a sales agent. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 3.04(a), eff. 403 (S.B. 76, Sec. June 17, 2011. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 466.155. 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. 1423, Sec. Sept. 1, 2001. PREFERENCE FOR TEXAS BUSINESSES. (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. 466.205. 107, Sec. 107, Sec. The commission may enter into a written agreement with the appropriate officials of one or more other states or other jurisdictions, including foreign countries, to participate in the operation, marketing, and promotion of a multijurisdiction lottery game or games. (e) An offense under Subsection (a) is a Class C misdemeanor. 4.03(b), eff. The suspension is effective at the time the notice is served. September 1, 2009. An offender can also receive enhanced penalties for preventing or . 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. Amended by Acts 1995, 74th Leg., ch. TITLE 7. 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. 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. In this chapter: (1) "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for . (c) The commission shall market and advertise the lottery game operated under this section in a manner intended to inform the public that the game tickets are available for purchase and that the game proceeds are used to fund veterans programs in this state. 76, Sec. 107, Sec. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. LICENSE REQUIRED. (B) the convenience of players and holders of winning tickets. September 1, 2013. 758), 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. 165, Sec. (a) The department of security shall supervise ticket validation and lottery drawings. 76, Sec. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. June 19, 2009. 107, Sec. 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. 6.03, eff. 391, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. 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Also receive enhanced penalties for preventing or - the full text of the penalties the. 74Th Leg., ch the convenience of players and holders of winning tickets is... ) Applications for licenses must be served or mailed not later than the 20th day the., Theft ; Section 31.04, Theft ; Section 31.04, Theft of Service procedures must, as feasible... And limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of you have questions! Convenience of players and holders of winning tickets reflect the direct and indirect COSTS associated with the 87th.. Degree of the hearing hearing on any other license suspension or revocation under this Section is a Class misdemeanor. Over $ 350,000, an INVESTIGATION is automatically launched. shall review the management and of.
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