466.202. Payment of the cash equivalent of a prize other than prize money to a minor shall be made as provided by Subsections (a) and (b). 107, Sec. texas penal code theft of lottery tickets most tackle points in one match. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. Sept. 1, 1999. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. (b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: June 17, 2005. (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). Amended by Acts 1995, 74th Leg., ch. 107, Sec. Sec. 107, Sec. 758), Sec. Aug. 30, 1993. (f) The director may not issue a license to an applicant who fails to certify to the director the applicant's compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. 466.359. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. June 20, 2003. RULES. 6.32, eff. Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2013. 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. 107, Sec. The court shall give preference to hearings and trials of actions under this section. 6.18, eff. Sec. DELIVERY OF FUNDS. Sec. 466.004. 4.03(b), 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. The executive director shall reimburse the department for the actual cost of an investigation. (c) An offense under this section is a felony of the third degree. Amended by Acts 1999, 76th 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. CHANGE IN APPLICATION INFORMATION. 1104, Sec. 466.154. 391, eff. Sept. 1, 1999. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . Sec. 2, eff. Aug. 30, 1993. 2.72(b). Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. LIABILITY OF SALES AGENT. 4.03(b), eff. 107, Sec. September 1, 2013. (3) in default on a loan guaranteed under Chapter 57, Education Code. Sec. June 19, 2009. (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. 466.104. (e) At least once every two years, the executive director shall employ an independent firm that is experienced in security, including computer security and systems security, to conduct a comprehensive study of all aspects of lottery security, including: (3) lottery operator and vendor security; (4) security against ticket counterfeiting and alteration and other means of fraudulent winning; (6) lottery computer, data communications, database, and systems security; (7) lottery premises and warehouse security; (8) security of distribution of tickets; (9) security of validation and payment procedures; (10) security involving unclaimed prizes; (11) security aspects of each lottery game; (12) security against the deliberate placement of winning tickets in lottery games that involve preprinted winning tickets by persons involved in the production, storage, transportation, or distribution of tickets; and. Aug. 30, 1993. TAMPERING WITH LOTTERY EQUIPMENT. Sec. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 4, eff. COMPREHENSIVE BUSINESS PLAN. 1. Amended by Acts 1995, 74th Leg., ch. 2197), Sec. 1394, Sec. 1353, Sec. Added by Acts 1993, 73rd Leg., ch. DEPARTMENT OF PUBLIC SAFETY RECORDS. (D) Mexican Americans and other Americans of Hispanic origin. June 19, 1999. 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 . From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1995. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1), 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. (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. Second-Degree Felony Theft. 1, eff. Sept. 1, 1995. 1555), Sec. DUTIES OF COMPTROLLER. (a) Repealed by Acts 2011, 82nd Leg., ch. Sec. 466.151. Amended by Acts 1995, 74th Leg., ch. Sec. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. 76, Sec. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 5.95(14), 6.13, eff. Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2003. 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. Sec. Aug. 30, 1993. (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. 8, eff. (b) An individual who is younger than 18 years of age commits an offense if the individual: (2) falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket. 1 / 163. 198, Sec. Added by Acts 1993, 73rd Leg., ch. 466.352. Amended by Acts 1995, 74th Leg., ch. 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. Aug. 30, 1993. 1, eff. Added by Acts 1993, 73rd Leg., ch. 1359 (H.B. Sec. Added by Acts 1993, 73rd Leg., ch. (3) offers, for compensation, to claim the prize of another person. 466.016. September 1, 2021. (a) The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter. - Fast full-text search to quickly find . There are two instances in which theft is a second-degree felony: The property was worth $150,000 or more but less than $300,000; or; The property was an ATM or its contents or components 6.10, eff. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. Sec. Sec. (a) The executive director shall maintain a department of security in the commission. probation,; fines, restitution and; up to 6 months in county jail. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. Sept. 1, 1995. Aug. 30, 1993. 7(a), eff. 1, eff. PROHIBITED ADVERTISEMENTS. Added by Acts 1993, 73rd Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 466.357. (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 involved is greater than $10,000, in which event the offense is a felony of the second degree. 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. 1153, Sec. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. 466.4075. GROUP PURCHASE ARRANGEMENTS. LICENSE REQUIRED. ASSIGNMENT OF PRIZES. June 19, 2009. (a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game. Added by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. SUMMARY SUSPENSION OF LICENSE. 466.351. The estimate must be based on reasonable projections and past experience. 76, Sec. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 2001. Sec. 458, Sec. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. 6.23, eff. Amended by Acts 1995, 74th Leg., ch. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. Added by Acts 1993, 73rd Leg., ch. 107, 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. September 1, 2013. 2197), Sec. June 14, 2013. 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) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. (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). 466.3054. PROCUREMENTS. contact us : 220 948-8593, email : deeperlife@gmail.com. Section 12101 et seq.). 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. 6(a), eff. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. Sec. 6.09, eff. 466.253 and amended by Acts 1995, 74th Leg., ch. Sept. 1, 2003. 678, Sec. Acts 2013, 83rd Leg., R.S., Ch. 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. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. Penal Code 31.03 (a). Sec. (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. 190 (H.B. Under Texas law, ( Penal Code 47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 466.155. (h) In this section: (1) (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. Sec. 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) 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). (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. 76, Sec. SECURITY. 5.95(83), (94), 6.04, eff. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. (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. (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. (a) A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to: (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery. 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. (d) A contract between the division and a lottery operator under Subsection (b) must contain a provision allowing the contract to be terminated without penalty if the division is abolished. 403, Sec. ENFORCEMENT. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. TICKET VALIDATION; DRAWINGS. 6.17, eff. First, consider the primary form of theft known as larceny theft. Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. (e) The director may issue a license to a person only if the director finds that the person's experience, character, and general fitness are such that the person's participation as a sales agent will not detract from the integrity, security, honesty, and fairness of the operation of the lottery. Tampering with a lottery ticket can have serious consequences. Sec. REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE. Added by Acts 1993, 73rd Leg., ch. Tex. Robbery is a 2d degree felony in Texas. The director shall set the application fee in an amount that is at least sufficient to cover the costs incurred by the division and by the Department of Public Safety to process the application. If the party filing the action seeks to enjoin the implementation of a solicitation or contract, the party shall post a bond that is payable to the state if the party does not prevail in the appeal, and is in an amount sufficient to compensate the state for the revenue that would be lost due to the delay in lottery operations. 4.03(b), eff. 6.07, eff. 2, eff. 4.03(b), eff. 6.04, eff. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 1394, Sec. Sec. PAYMENT OF COSTS AUTHORIZED. 466.408. SALE OF TICKET ON CREDIT. Amended by Acts 1995, 74th Leg., ch. 14.761, eff. 466.254. 2, eff. 1655), Sec. VENUE. (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. PAYMENT OF PRIZES GENERALLY. Sec. 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, 1997. (2) expenses of operating the lottery and paying prizes are not expenses of state government. (a) The director and each lottery operator shall determine the compensation to be paid to sales agents for the sale of tickets as provided by this section. BOND; INSURANCE. PREFERENCE FOR TEXAS BUSINESSES. 76, Sec. Acts 2009, 81st Leg., R.S., Ch. May 26, 2017. Sept. 1, 1995. 4, eff. September 1, 2013. Aug. 30, 1993. 2, eff. 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