Sept. 1, 1997. 466.016. (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. 29, eff. In Texas, a conviction for a second-degree felony theft can result in imprisonment for up to 20 years and/or a fine of up to $10,000. Sept. 1, 2001. Terms in this set (285) Objectives of Code. Texas Penal Code Sec. (a) A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. (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. May 20, 2009. 1, eff. September 1, 2013. Aug. 30, 1993. 592, Sec. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. 3, eff. 626), Sec. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 14.760, eff. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. 6.20, eff. 6.18, eff. RULES. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. 6.22, eff. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. -To insure the public safety through: (A) the deterrent influence of the penalties. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. The suspension is effective at the time the notice is served. 466.3011. Amended by Acts 1995, 74th Leg., ch. 107, Sec. Sec. (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. Renumbered from Sec. Aug. 30, 1993. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. If a sales agent refuses to permit an examination or to answer any question authorized by this subsection, the executive director may summarily suspend the license of the sales agent under Section 466.160 until the examination is completed as required. 107, Sec. 466.028. (c) For purposes of this section, the amount of a lottery prize is the total amount of prize money paid to a prize winner for a single lottery prize claim, whether paid in one payment or in periodic installments, before deducting any federal tax withholdings or other deductions required by law. Aug. 30, 1993. Sec. (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. September 1, 2017. CONSPIRACY. probation, fines, restitution to the victim, and; up to 6 months of jail time. 4, eff. 8, eff. 2, eff. 32.01. COMPREHENSIVE BUSINESS PLAN. 466.256. Added by Acts 1995, 74th Leg., ch. SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS. (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. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. 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. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. Sec. 1359 (H.B. 466.027. (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). Added by Acts 1993, 73rd Leg., ch. 466.355. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET ON CREDIT. Search Texas Statutes. Aug. 30, 1993. Sept. 1, 1999. (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. Sec. 76, Sec. 107, Sec. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. Aug. 30, 1993. (c) A security officer or investigator employed by the department of security or a peace officer who is working in conjunction with the commission or the Department of Public Safety in the enforcement of this chapter, without a search warrant, may search and seize a lottery vending machine, lottery computer terminal, or other lottery equipment that is located on premises for which a person holds a sales agent license issued under this chapter. 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. Acts 2011, 82nd Leg., R.S., Ch. 76, Sec. Added by Acts 1993, 73rd Leg., ch. Sec. 4.03(b), eff. 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. 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. Sec. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Sec. 107, Sec. Renumbered from Sec. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. If notice is served in person, the sales agent shall immediately surrender the license to the commission. 2197), 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. 4.03(b), eff. Sec. 107, Sec. Amended by Acts 1995, 74th Leg., ch. TELEVISION CONTRACTS. 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. (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. (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. June 14, 2013. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 76, Sec. PROHIBITED GAMES. 107, Sec. (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. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. CONFIDENTIAL INFORMATION. 403 (S.B. (4) the executive director learns the sales agent has failed to disclose information that would, if disclosed, render the sales agent ineligible for a license under Section 466.155. Amended by Acts 2001, 77th Leg., ch. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Sec. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 1), Sec. Added by Acts 1995, 74th Leg., ch. 466.351. 107, Sec. Sec. 466.451. PREFERENCE FOR TEXAS BUSINESSES. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as . 6.14, eff. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. DEFINITIONS. VENUE. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (a) The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter. Sept. 1, 1995. california state library staff. Amended by Acts 1995, 74th Leg., ch. Sec. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. 466.154. 466.3051. June 17, 2005. 107, Sec. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. Sec. 107, Sec. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. If the director denies an application for a license based on a factor listed in Section 466.154, the director shall refund one-half of the application fee to the applicant. 51, eff. Added by Acts 1993, 73rd Leg., ch. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. Tampering with a lottery ticket can have serious consequences. (c) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age. 76, Sec. Sec. Amended by Acts 1995, 74th Leg., ch. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1997. Sept. 1, 1999. 1394, Sec. 466.202. Added by Acts 1993, 73rd Leg., ch. 2, eff. June 19, 2009. 76, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. 1.51, eff. (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. 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; (b) If a lottery game involves a drawing, the drawing must be open to the public. (5) the object offense was not actually committed. 6.07, eff. 466.004. Added by Acts 1993, 73rd Leg., ch. (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: (a) The commission is entitled to conduct an investigation of and is entitled to 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) a sales agent or an applicant for a sales agent license; (2) a person required to be named in a license application; (3) a lottery operator or prospective lottery operator; (4) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (5) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (6) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission, if the amount of the bid or proposal exceeds $500; (7) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (8) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission; or. (a) The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires. This chapter may be cited as the State Lottery Act. ASSISTANCE OF COMPTROLLER. (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. 8.2, eff. 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). PURCHASE AND SALE OF TICKETS. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Amended by Acts 1995, 74th Leg., ch. A notice must be served or mailed not later than the 20th day before the date of the hearing. The estimate must be based on reasonable projections and past experience. June 7, 2019. 466.354. Aug. 30, 1993. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. Sec. (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. Renumbered from Sec. Amended by Acts 1995, 74th Leg., ch. . 466.109. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. Sept. 1, 1995. 2, eff. 1. The notice must state the alleged violations that constitute grounds for summary suspension. June 17, 2011. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 4.03(b), eff. 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. 2482), 4. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 466.352. 76, Sec. 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. 6.16, eff. 466.108. (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). (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. 4.03, eff. what is a wood router good for; bts associate director salary; IMMUNITY; CIVIL ACTIONS. 6.12, eff. 1.02, eff. 1, eff. (a) If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor. 626), Sec. (3) "Division" means the lottery division established by the commission under Chapter 467. 466.255 and amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 466.161. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. CHANGE IN APPLICATION INFORMATION. 76, Sec. (b) An offense under this section is a Class A misdemeanor. Sec. 31.01. Sept. 1, 1995. Sept. 1, 2003. Sept. 1, 1995. 1, eff. 107, Sec. (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 misrepresentation. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. 107, Sec. 4.03(b), eff. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. 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. Texas State Offense: Gambling Promotion. 8.21, eff. Aug. 30, 1993. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. 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. 4.03(b), eff. 993 (H.B. CLAIMING LOTTERY PRIZE BY FRAUD. 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