1153, Sec. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 466.156. 6.46, eff. (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. 466.103. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report. (2) a power granted to the comptroller may be exercised by the commission. This chapter may be cited as the State Lottery Act. (3) offers, for compensation, to claim the prize of another person. If married, the assignor shall identify his or her spouse and submit to the court a sworn and notarized statement wherein the spouse consents to the assignment. 1, eff. Theft between $2,500 and $30,000 is a state jail felony. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. (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to the director the applicant's compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. (b) Repealed by Acts 2003, 78th Leg., ch. 2, eff. 466.106. Acts 2011, 82nd Leg., R.S., Ch. Search Texas Statutes. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. 466.408. June 17, 2011. Sec. Added by Acts 1993, 73rd Leg., ch. 466.453. (d) The state is discharged of all further liability on the payment of a prize under Section 466.403, 466.404, 466.406, 466.407, or 466.410 or this section or under any additional procedures established by rule. 107, Sec. (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. SALE OF TICKET ON CREDIT. 76, Sec. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. (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. (b) The payment of a prize in an amount of $600 or more may be made only by the director. 993 (H.B. (B) the convenience of players and holders of winning tickets. The court shall give preference to hearings and trials of actions under this section. Sept. 1, 1995. 1655), Sec. Amended by Acts 1999, 76th Leg., ch. 62, Sec. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. 403, Sec. 76, Sec. 3, eff. 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. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. Amended by Acts 1995, 74th Leg., ch. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. 107, Sec. 4.03(b), eff. 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.". 466.402. The commission shall provide the governor and the legislature, before the convening of each regular legislative session, with a summary of the security study that shows the overall evaluation of the lottery's security. The study must include the income, age, sex, race, education, and frequency of participation of players. (b) The applicant must include an application fee with each application. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Sept. 1, 1997. (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. 6.14, eff. (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. Sec. 466.0161. REVIEW BY COMPTROLLER. DEFINITION. 6.25, eff. 107, Sec. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. 2.72(b), eff. 1410 (S.B. 1385 (S.B. 6.37, eff. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 107, Sec. Sec. Amended by Acts 1995, 74th Leg., ch. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. (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. 6.06, eff. (b) The executive director may contract with or employ a person to perform a function, activity, or service in connection with the operation of the lottery as prescribed by the executive director. Sept. 1, 1995. 76, Sec. Aug. 30, 1993. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). (a) An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission. 78, eff. Sept. 1, 1995. 3, eff. Sec. 1655), Sec. 76, Sec. Texas Penal Code Chapter 29.02. 1128, Sec. At the end of each shift, the clerks have to run a report that reflects the lottery purch. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. 201, Sec. 993 (H.B. 76, Sec. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. Sec. 107, Sec. 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. STATE LOTTERY ACCOUNT. CHANGE IN APPLICATION INFORMATION. 107, Sec. SECURITY. 4.03(b), eff. 107, Sec. (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. 1353, Sec. 76, Sec. 2, eff. 76, Sec. Added by Acts 1993, 73rd Leg., ch. (2) fails to maintain or make an entry the person knows is required to be maintained or made. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. 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. Aug. 30, 1993. Sept. 1, 1995. PENAL CODE. The account consists of all revenue received from the sale of tickets, license and application fees under this chapter, and all money credited to the account from any other fund or source under law. Amended by Acts 1995, 74th Leg., ch. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. (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. 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.. Retailer fails to monitor the machine as required to prevent sales to minors. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 466.155. 4, eff. PAYMENT OF PRIZE TO MULTIPLE WINNERS. 14.760, eff. Aug. 30, 1993. 2. A. (b) The commission shall review and must approve all major procurements as provided by commission rule. Sept. 1, 1995. 76, Sec. Sec. (In California, for any prize over $350,000, an investigation is automatically launched.) Under Penal Code 31.03(e)(4)(B), theft from a person of another - or from a human corpse or grave - is a state jail felony punishable by up to two years in state jail and up to a $10,000 fine. 6.18, 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. 6.03, eff. 8.21, eff. 59), Sec. 1555), Sec. 466.410. (d) It is a defense to the application of Subsection (b) that the individual younger than 18 years of age is participating in an inspection or investigation on behalf of the commission or other appropriate governmental entity regarding compliance with this section. Sept. 1, 2001. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. 466.351. 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. (Tex. Added by Acts 1993, 73rd Leg., ch. 107, Sec. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. First, consider the primary form of theft known as larceny theft. (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. Sept. 1, 1997. 2197), Sec. Amended by Acts 1995, 74th Leg., ch. 394, Sec. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. (b) The commission as frequently as the commission determines appropriate shall review the comprehensive business plan and at least annually hold a public meeting to discuss the plan or updates to the plan. Amended by Acts 1995, 74th Leg., ch. (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). Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. 107, Sec. 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. 4.03, eff. The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game. Acts 2007, 80th Leg., R.S., Ch. 6.28, eff. 6.39, 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. 466.3011. HB 2168, effective June 8, 2021, amended the Professional Sports Team . Conduct outside Texas constitutes an attempt to commit an offense inside Texas. 466.160. (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. A hearing under this section is subject to Section 2001.058(e). PROCUREMENTS. PROHIBITED CONTRACTS. 993 (H.B. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 2001. Amended by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. OFFENSES AGAINST PROPERTY. (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. (5) has violated this chapter or a rule adopted under this chapter. (c) It shall be the responsibility of the assignor to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. 466.152. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. Sec. Sept. 1, 1995. The drawing and inspections must be recorded on video and audio tape. 466.306. (b) Each sales agent shall maintain records adequate to establish the disposition of each ticket provided to the sales agent, the amounts of money received for the sale of those tickets, and any prizes awarded by the sales agent. (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or. According to the Texas penal code, Texas has jurisdiction of an offense for a persons conduct or conduct of another if: Click the card to flip . 466.308. (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. (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. This app contains statutes current with the 87th Legislature. 31.01. This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410. 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 . In this chapter: (1) "Commission" means the Texas Lottery Commission. (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. 696, Sec. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. Sec. MINORITY BUSINESSES. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* 4.03(b), eff. Sec. (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). Sept. 1, 1995; Acts 1999, 76th Leg., ch. 466.3054. The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent. Aug. 30, 1993. Acts 2009, 81st Leg., R.S., Ch. 4.03(b), eff. 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. 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. (b) A lottery operator may sell tickets to a sales agent. (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. (a) A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game. 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. Sec. The commission shall provide for a formal administrative hearings process. 2482), 4. Amended by Acts 1995, 74th Leg., ch. COMPENSATION OF SALES AGENT. 6.26, eff. Sept. 1, 1999. 76, Sec. 6.01, eff. 1394, Sec. September 1, 2013. (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. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. (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. 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