4.03(b), eff. 1, eff. PROCUREMENT PROCEDURES. 107, Sec. (b) Money received by a sales agent from the sales of tickets, less the amount retained for prizes paid by the sales agent or for the agent's commission, if any, together with any unsold tickets, shall be held in trust for the benefit of the state before delivery to a lottery operator or the division or electronic transfer to the state treasury, and the sales agent is liable to the division for the full amount of the money or unsold tickets so held. Theft From a Person. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. SUBCHAPTER A. 466.353. TICKET VALIDATION; DRAWINGS. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that the prize alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. (B) the remainder to the foundation school fund. 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. The certified public accountant may not have, as determined by the executive director, a significant financial interest in a sales agent, lottery vendor, or lottery operator. (4) 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 Subdivision (1), (2), or (3). Sec. ASSIGNMENT OF PRIZES. 993 (H.B. (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. Sec. June 19, 1999. 6.34, eff. 4.03(b), eff. (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. 466.307. 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. 5.95(50), 6.24, eff. 466.306. Menu. 6(a), eff. (c) Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure. 466.016. From time to time, they would not pay for some of the tickets, and as their habit progressed they ended up taking nearly $2-$3 Thousand dollars worth of tickets - with earnings amounting to no more than $1000. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. 1.02, eff. The study must include the income, age, sex, race, education, and frequency of participation of players. Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. Added by Acts 2003, 78th Leg., ch. Search Texas Statutes. Under Section 32.31, CREDIT CARD or DEBIT CARD ABUSE is defined as follows: CREDIT CARD or DEBIT CARD ABUSE is when a person uses a debit or credit card, whether expired or not, that the owner of that card did not consent to that cards use. 6.31, eff. Amended by Acts 2001, 77th Leg., ch. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 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. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. Aug. 30, 1993. Sec. 2197), Sec. GA-0837. According to . 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. 17.19(5), eff. Sec. Amended by Acts 1995, 74th Leg., ch. 2, eff. (b) The commission shall adopt rules for the renewal of licenses. Amended by Acts 1995, 74th Leg., ch. 1359 (H.B. 2.72(b), eff. June 7, 2019. The commission shall provide for a formal administrative hearings process. 937 (H.B. (F) information obtained by commission security officers or investigators; (13) the development and availability of a model agreement governing the division of a prize among multiple purchasers of a winning ticket purchased through a group purchase or pooling arrangement; (14) the criteria to be used in evaluating bids for contracts for lottery facilities, goods, and services; or. If the director determines that prize money is to be paid in installments, the comptroller shall invest funds from the state lottery account as necessary to ensure the payment of the installments. 107, Sec. RULES. (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. Aug. 30, 1993. 4.03(b), eff. (a) The state lottery account is a special account in the general revenue fund. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. (b) The executive director may establish a provisional license or other classes of licenses necessary to regulate and administer the quantity and type of lottery games provided at each licensed location. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. TITLE 7. DEFINITION. (4) "Executive director" means the executive director of the commission. 466.302. Sec. Sept. 1, 1995. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (b) An offense under this section is a felony of the third degree. 1, eff. 1, eff. 6.12, eff. COMPENSATION OF SALES AGENT. 76, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4.03(b), eff. A. Added by Acts 2009, 81st Leg., R.S., Ch. 466.015. Added by Acts 1995, 74th Leg., ch. The executive director shall reimburse the department for the actual cost of an investigation. Texas State Offense: Gambling Promotion. 8.2, eff. (Tex. Added by Acts 1993, 73rd Leg., ch. 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. 76, Sec. 3.04(a), eff. (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. 689 (H.B. 6.30, eff. 3560), Sec. Sec. Sec. 6.02, eff. 6.07, eff. 626), Sec. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1655), Sec. Sec. 76, Sec. 76, Sec. A notice must be served or mailed not later than the 20th day before the date of the hearing. Sept. 1, 2001. Aug. 30, 1993. (b) The director shall pay the cash equivalent of a prize other than prize money if more than one person is entitled to share the prize as provided by Subsection (a). 6.22, eff. Terms in this set (285) Objectives of Code. 466.256. 466.161. 6.31, eff. Sept. 1, 1995. 76, Sec. 107, Sec. Sept. 1, 1995. 6.18, eff. PROHIBITED CONTRACTS. 466.252. 466.3011. Sept. 1, 1997. 76, Sec. 466.359. 1, eff. 107, Sec. Sept. 1, 1999. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. 678, Sec. 993 (H.B. 466.110. 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. (b) If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired. Sept. 1, 1995. Sec. Sept. 1, 1997. 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. (2) the issuance by a court of a published decision holding 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. Sept. 1, 1995. 135, Sec. 3, eff. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. The full language of the code section reads: Sec. The procedures must be for the purpose of ensuring fairness and integrity. 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. Added by Acts 1993, 73rd Leg., ch. MINORITY BUSINESSES. Sept. 1, 1995. 198, Sec. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. Sept. 1, 1999. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. 141 (H.B. 466.109. (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. (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. 4.03(b), eff. Sept. 1, 1995. 6.08, eff. (b) An offense under this section is a Class C misdemeanor. Definition. 31.01. Sept. 1, 1995. Sec. 2. Sec. Sec. If the director denies an application based on another factor, the director may not refund any part of the application fee. 1423, Sec. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. 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. Aug. 30, 1993. Sec. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 943 (H.B. 76, Sec. (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. For purposes of this subsection, the . 76, Sec. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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 . June 17, 2011. 466.105. (b) The executive director shall report the results of the demographic study conducted under Subsection (a) to the commission, the governor, and the legislature before the convening of each regular legislative session. 76, Sec. 4.03(b), eff. Sept. 1, 1999. (C) obtain a license to sell lottery tickets; (2) waive or modify bond requirements, if feasible; (3) award contracts for lottery equipment or supplies to minority businesses when possible; (4) award contracts for lottery services, including advertising, to minority businesses when possible; (5) license minority businesses as sales agents; (6) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and. Added by Acts 2013, 83rd Leg., R.S., Ch. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. (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. (b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority: (1) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to the Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund, or appropriated from that account to provide indigent health care services as specified in Chapter 61, Health and Safety Code; (2) not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services; (3) the remaining amount, not to exceed $5 million in prize money in each state fiscal year less any amount deposited in the fund in that year attributable to the lottery game operated under Section 466.027, shall be deposited to the fund for veterans' assistance; and. 4.03(b), eff. 466.152. Sept. 1, 1997. 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. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. Added by Acts 1993, 73rd Leg., ch. LICENSE APPLICATION; FEE. Added by Acts 1993, 73rd Leg., ch. (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. (c) The executive director may award a contract for lottery supplies or services, including a contract under Subsection (b), pending the completion of any investigation authorized by this chapter. Sec. Sec. (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. 107, Sec. Added by Acts 1993, 73rd Leg., ch. 466.251. 626), Sec. Amended by Acts 1995, 74th Leg., ch. (a) Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure. 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. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. Retail Theft (Shoplifting) Under Texas Law. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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 . 107, Sec. September 1, 2021. (5) has violated this chapter or a rule adopted under this chapter. (a) The executive director shall prescribe the form of tickets. Section 12101 et seq.). Aug. 30, 1993. Lottery ticket fraud of this type can be punished under multiple laws. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. 466.317. 6.32, eff. For more information, see Texas Penal Code Section 31.03(e)(4)(B). RULES. Sec. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. Sec. 107, Sec. Aug. 30, 1993. September 28, 2011. contact us : 220 948-8593, email : deeperlife@gmail.com. Acts 2011, 82nd Leg., R.S., Ch. (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. 626), Sec. 107, Sec. 1, eff. Amended by Acts 1999, 76th Leg., ch. 466.159. Recent Changes to the Laws. 107, Sec. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 1104, Sec. Sec. (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. (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. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. 4.03(b), eff. (c) The overall estimated odds of winning a prize in a particular lottery game must be printed on each ticket and prominently displayed in association with the sale of lottery products. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. Aug. 30, 1993. 323 (H.B. 993 (H.B. Aug. 30, 1993. Acts 2013, 83rd Leg., R.S., Ch. COMPREHENSIVE BUSINESS PLAN. 466.014. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. 4, eff. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. 2197), Sec. 6.19, eff. It states that "A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent" 466.401. Sec. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. 394, Sec. Aug. 30, 1993. 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. 6.48, eff. Sec. (c) An offense under this section is a felony of the third degree. Sec. (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. 466.404. (3) property in the custody of any law enforcement agency was explicitly represented by any law . 4.03(b), eff. 466.4001. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. The executive director shall appoint a deputy to administer the department. 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 . A license may not be transferred or assigned to any other person or location. 1394, Sec. (b) The comptroller periodically shall file reports with the executive director providing information regarding the revenue credited to the state lottery account, the investments of the money in the account, and the distributions made from the account. PROCUREMENTS. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. 5, 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. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. 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. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. Although theft of a lottery ticket can seem like any other type of theft out there, it is punished significantly more harshly than simple theft charges. (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. 6.10, eff. Sec. 466.028. OFFENSES AGAINST PROPERTY. The suspension is effective at the time the notice is served. Sept. 1, 1995. 107, 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. Added by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1153, Sec. 4.03(b), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. Sept. 1, 1995. Sec. (5) a mail order subscription on a mail order subscription form authorized by the commission. 1, eff. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. 4.03(b), eff. Sept. 1, 1995. Sec. 2197), Sec. The equipment must be inspected immediately before and after the drawing. (d) The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section. 78, eff. 466.411. The report must be in the form and reported in the time provided by the General Appropriations Act. Added by Acts 1993, 73rd Leg., ch. 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