June 17, 2011. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. (B) an owner of a beneficial interest in a legal entity that is a lottery prize winner and who has chosen to remain anonymous under Section 466.411. 107, Sec. 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 . (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 1394, 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. Added by Acts 1993, 73rd Leg., ch. 107, Sec. 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. (4) all prize money subject to this section and not deposited or appropriated in accordance with Subdivision (1), (2), or (3) shall be deposited to the credit of the foundation school fund. The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game. 2, eff. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. 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. 993 (H.B. 466.303. Sec. Amended by Acts 1995, 74th Leg., ch. A. 4.03(b), eff. PURCHASE AND SALE OF TICKETS. 466.202. A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with \\"noncash merchandise prizes, toys, or novelties,\\" as that phrase is used in subsection 47.01 (4) (B) of the Penal Code. (B) the convenience of players and holders of winning tickets. (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. 1, eff. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. 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. Aug. 30, 1993. (e) An offense under Subsection (a) is a Class C misdemeanor. Amended by Acts 1995, 74th Leg., ch. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. (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. 37), Sec. (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. 76, Sec. Added by Acts 1993, 73rd Leg., ch. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. A notice must be served or mailed not later than the 20th day before the date of the hearing. 6.48, eff. 4.03(b), eff. Added by Acts 2017, 85th Leg., R.S., Ch. 1359 (H.B. Search Texas Statutes. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Acts 2003, 78th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Added by Acts 2003, 78th Leg., ch. Definition. TICKET VALIDATION; DRAWINGS. 107, Sec. (b) If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner. September 1, 2021. 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. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Amended by Acts 1999, 76th Leg., ch. 4.03(b), eff. OFFENSES AGAINST PROPERTY. california state library staff. As prescribed by rule, each sales agent shall prominently display the license in each place of business or activity at which the sales agent sells tickets. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. (5) the object offense was not actually committed. (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. What is Theft by Deception Under Texas Law? Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Amended by Acts 1995, 74th Leg., ch. (a) The commission shall adopt all rules necessary to administer this chapter. 4, eff. 1, eff. 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 . Sec. 2482), 4. (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal. 76, Sec. (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. September 1, 2017. The term does not include an assignee of a lottery prize. May 1, 2022 . 2, eff. 4.03(b), eff. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. Added by Acts 1993, 73rd Leg., ch. 31.01. Aug. 30, 1993. 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. Added by Acts 2013, 83rd Leg., R.S., Ch. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. 6.15, eff. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. Sept. 1, 1995. (b) An offense under this section is a felony of the third degree. The director shall set the salaries of these employees. Sept. 1, 2001. (b) This section does not waive any immunity of the commission or this state. 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. 2, eff. 107, Sec. 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 . 6.10, eff. 4.03(b), eff. 1104, Sec. 76, Sec. 466.102. Sec. 466.311. 76, Sec. 6.37, eff. probation,; fines, restitution and; up to 6 months in county jail. 5.95(83), (94), 6.04, eff. The acquisition of transmission facilities must be done on a competitive bid basis if possible. 6.31, eff. September 1, 2013. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (3) property in the custody of any law enforcement agency was explicitly represented by any law . 1, eff. Sept. 1, 1995. June 7, 2019. 76, Sec. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 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. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. 689 (H.B. Sec. Section 12101 et seq.). For purposes of the application of Title 2 of the Tax Code: (1) the state's share of proceeds from the sale of lottery tickets is treated as if it were a tax; and. (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 . (b) The commission may release or disclose the personally identifiable information of a natural person who is a lottery prize winner if the person chooses to have the prize paid in periodic installments. PENAL CODE. 466.107. 4.03(b), eff. 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. 76, Sec. Sec. RULES. 14.761, eff. 687, Sec. Sec. 781, Sec. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. May 20, 2009. 466.409. An independent certified public accountant must witness the drawing. 6.39, eff. 4.03(b), eff. This chapter may be cited as the State Lottery Act. 2, eff. 1158, Sec. Sec. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 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. Acts 2013, 83rd Leg., R.S., Ch. 4.03(b), eff. 6.18, eff. (2) expenses of operating the lottery and paying prizes are not expenses of state government. September 1, 2017. Sept. 1, 1995; Acts 1997, 75th Leg., ch. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. Sec. 394, Sec. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. Amended by Acts 1995, 74th Leg., ch. PUBLICITY OF INDIVIDUALS PROHIBITED. Sec. (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. (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. 1.51, eff. Sec. (2) fails to maintain or make an entry the person knows is required to be maintained or made. 198, Sec. Sec. 466.026. SUBCHAPTER J. SUMMARY SUSPENSION OF LICENSE. 76, Sec. 1, eff. 76, Sec. (b) In all procurement decisions, the commission and executive director shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of producing revenues for the state treasury. (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. Amended by Acts 1995, 74th Leg., ch. 466.159. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. 592, Sec. Added by Acts 2005, 79th Leg., Ch. (15) any other matter necessary or desirable as determined by the commission, to promote and ensure: (A) the integrity, security, honesty, and fairness of the operation and administration of the lottery; and. 6(a), eff. Amended by Acts 1995, 74th Leg., ch. hereinafter provided; (B) the rehabilitation of those convicted of violations. 1655), Sec. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 107, Sec. Sec. Sec. Sept. 1, 1999. 107, Sec. Search Texas Statutes. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 466.403. (a) Annually, the comptroller shall review the management and operations of the lottery. 7(a), eff. 3560), Sec. Aug. 30, 1993. 76, Sec. 466.153. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. The estimate must be based on reasonable projections and past experience. Added by Acts 1993, 73rd Leg., ch. (c) The director shall pay the cash equivalent of a prize other than prize money if the person entitled to claim the prize is a minor. Aug. 30, 1993. The commission may only disclose the information on or after the 30th day after the date the person claims the lottery prize if the person chooses to remain anonymous under Subsection (a). 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. First, Karam has been charged with grand theft. (Tex. Sept. 1, 1995. 4.03(b), eff. (a) A person commits an offense if the person intentionally or knowingly sells a ticket at a price the person knows is greater than that fixed by the commission or by the lottery operator authorized to set that price. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. DUTIES OF COMPTROLLER. June 15, 2001; Acts 2003, 78th Leg., ch. (3) the bankruptcy or receivership of a sales agent. 6.23, eff. 198, Sec. Sept. 1, 1995. (a) Except as provided by Subsection (b), the executive director may not award a contract for the purchase or lease of facilities, goods, or services related to lottery operations to a person who would be denied a license as a sales agent under Section 466.155. (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. 6.03, eff. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. (h) In this section: (1) (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. 6.12, eff. - Real-time section number search. HB 2757, effective June 15, 2021, amended the Charitable Raffle Enabling Act to increase the allowable value of each purchased prize from $50,000 to $75,000 and the allowable number of raffles that may be held per calendar year from two to four. 1, eff. Lottery ticket fraud of this type can be punished under multiple laws. 14.760, eff. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. 3, eff. 76, Sec. CONSPIRACY. The commission may adopt rules relating to a multijurisdiction lottery game or games. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b). 1423, Sec. Sec. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. GA-0812. (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. the person has previously been convicted of an offense under Section 466.306 (Forgery; Alteration of Ticket), 466.307 (Influencing Selection of Winner), 466.309 (Tampering With Lottery Equipment), 466.310 (Certain Transfers of Claims), or this section, in which event the offense is a felony of the third degree, unless the offense is designated . The director may prescribe the terms under which a suspended license will be reissued. Aug. 30, 1993. Sec. 1, eff. 107, Sec. 76, Sec. (b) If a lottery game involves a drawing, the drawing must be open to the public. DEFINITION. Added by Acts 1993, 73rd Leg., ch. Sec. Each of those items is subject to discovery by a person that is the subject of the item. Sec. Sept. 1, 1995. 2197), Sec. Added by Acts 1995, 74th Leg., ch. ASSISTANCE OF COMPTROLLER. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The study must include the income, age, sex, race, education, and frequency of participation of players. September 1, 2013. 466.411. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. 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. 107, Sec. 466.305. (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. Added by Acts 1995, 74th Leg., ch. (f) The commission may adopt rules necessary to administer this section. Sec. At the end of each shift, the clerks have to run a report that reflects the lottery purch. Amended by Acts 1999, 76th Leg., ch. 3.078, eff. (3) offers, for compensation, to claim the prize of another person. Added by Acts 1993, 73rd Leg., ch. June 14, 2013. 107, Sec. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 76, Sec. (b) The commission shall review and must approve all major procurements as provided by commission rule. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft.

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