(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. 713 (S.B. 18.21, eff. Sec. June 17, 2011. CLAIMING LOTTERY PRIZE BY FRAUD. 76, Sec. 76, Sec. 466.355. 6.12, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 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 . 6(a), eff. Renumbered from Sec. (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. The executive director shall reimburse the department for the actual cost of an investigation. Sept. 1, 1999. Sept. 1, 2001. Second-Degree Felony Theft. 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.". 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. 76, 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. (a) A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing. (3) the bankruptcy or receivership of a sales agent. (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. 107, Sec. SALE OF TICKET AT UNAUTHORIZED LOCATION. 4.03(b), eff. 4.03, eff. 107, Sec. Amended by Acts 1995, 74th Leg., ch. 78, eff. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. 76, Sec. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. TITLE 7. (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. Sec. (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. Sec. 323 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. If notice is served by mail, the sales agent shall immediately return the license to the commission. June 14, 2013. Sec. 4.03(b), eff. 107, Sec. Larceny of tickets; fraudulent notification of prizes; penalty. 4.03(b), eff. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 6, eff. 466.158. 403 (S.B. (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. 59), Sec. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. 1104, Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (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. Texas Penal Code Sec. For purposes of this subsection, the . 592, Sec. Unless the commission provides written notice to the assignor and assignee that the commission cannot comply with the court order, the commission shall thereafter make the prize payments in accordance with the court order. Aug. 30, 1993. (a) A person commits an offense if the person, in a license application, in a book or record required to be maintained by this chapter or a rule adopted under this chapter, or in a report required to be submitted by this chapter or a rule adopted under this chapter: (1) intentionally or knowingly makes a statement or entry that the person knows to be false or misleading; or. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. PROHIBITED ADVERTISEMENTS. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. 466.359. (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. 76, Sec. In this subchapter, "prize winner" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments. GEORGETOWN, Tx. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. 466.351. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (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. Sec. Amended by Acts 1995, 74th Leg., ch. ENFORCEMENT. (5) the object offense was not actually committed. (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). 6.30, eff. (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. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Sec. Added by Acts 1993, 73rd Leg., ch. 6.08, eff. (7) require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses. 32.01. 4.03(b), eff. 6.16, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. DIVISION EMPLOYEES. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. (b) A lottery operator may sell tickets to a sales agent. 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. Added by Acts 1993, 73rd Leg., ch. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. Aug. 30, 1993. 107, Sec. (c) Applications for licenses must be available for public inspection during regular office hours. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. 1), Sec. Amended by Acts 1999, 76th Leg., ch. 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. Aug. 30, 1993. LICENSE REQUIRED. 792, Sec. 4.03(b), eff. 1420, Sec. 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. Product Features: - The full text of the Texas Penal Code. PROHIBITED GAMES. (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. 1963), Sec. 466.020. Added by Acts 1995, 74th Leg., ch. Greg Abbott. The commission may adopt rules relating to a multijurisdiction lottery game or games. TICKET VALIDATION; DRAWINGS. PROCUREMENTS. 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. Tex. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 466.410. 466.4075. 5.95(14), 6.13, eff. 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; Sec. 1, eff. In Iowa, theft of a lottery ticket is a class D felony, putting you at risk of up to 5 years in prison and fines of up to $10,245, plus surcharges and court costs associated with the conviction . 6.39, eff. (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. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. (a) The executive director shall prescribe the form of tickets. 6.12, eff. APPLICABILITY OF OTHER LAW. 107, Sec. 4.03(b), eff. 1385 (S.B. 466.3012. 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. (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. Sept. 1, 1995. texas penal code theft of lottery tickets. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. (1) "Adult" means an individual who is at least 18 years of age. Added by Acts 2011, 82nd Leg., R.S., Ch. 2482), 4. Lottery ticket fraud can be punished under several California laws. Amended by Acts 1995, 74th Leg., ch. 1423, Sec. 626), Sec. June 17, 2011. Sept. 1, 1997. (2) fails to maintain or make an entry the person knows is required to be maintained or made. In this chapter: (1) "Commission" means the Texas Lottery Commission. PUBLICITY OF INDIVIDUALS PROHIBITED. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. 696, Sec. Sec. 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. Added by Acts 1993, 73rd Leg., ch. 6.31, eff. 687, Sec. 107, Sec. (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. (a) Each sales agent shall post a cash bond, surety bond, letter of credit, certificate of deposit, or other security approved by the executive director, including the contribution of cash to a pooled bond fund established by the executive director to protect the state from possible losses. Sec. (b) A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock. 107, Sec. 466.023. Amended by Acts 1995, 74th Leg., ch. (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. 76, Sec. May 26, 2017. Acts 2013, 83rd Leg., R.S., Ch. September 28, 2011. Added by Acts 1999, 76th Leg., ch. Sec. (b) A person commits an offense if the person knowingly refuses to produce for inspection by the director, executive director, commission, or state auditor a book, record, or document required to be maintained or made by this chapter or a rule adopted under this chapter. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. 76, Sec. Penal Code 31.03 (a). 466.024. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. (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. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 76, Sec. Aug. 30, 1993. (b) An offense under this section is a Class A misdemeanor. 2197), Sec. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. 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. Recent Changes to the Laws. Added by Acts 1993, 73rd Leg., ch. 2. 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. 466.354. Robbery is a 2d degree felony in Texas. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Aug. 30, 1993. 466.3051. Added by Acts 1993, 73rd Leg., ch. 466.3053. 198, Sec. June 19, 2009. 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. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 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. 6.33, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (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 . Aug. 30, 1993. Sec. Sec. If the director determines that more than one claimant has been awarded a specific unpaid prize in a specific lottery game, each claimant is entitled only to an equal share of the prize. (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). June 19, 2009. 6.14, eff. The commission shall adopt rules regarding the form and frequency of reports under this subsection. (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. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. 466.155. Acts 2013, 83rd Leg., R.S., Ch. 466.408. An offense under this section is a Class A misdemeanor. PAYMENT OF PRIZES GENERALLY. TAMPERING WITH LOTTERY EQUIPMENT. Aug. 30, 1993. Sept. 1, 1995. 8.21, eff. Sec. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 6.03, eff. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* 4.03(b), eff. (4) "Executive director" means the executive director of the commission. Aug. 30, 1993. (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. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . Sept. 1, 1995. 4.03(b), eff. 2, eff. CONFIDENTIAL INFORMATION. Acts 2017, 85th Leg., R.S., Ch. 1178, Sec. Aggravated Robbery - Texas Penal Code Section 29.03 defines this as: (a) A person commits an offense if he commits robbery as defined in Section 2902, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or. 1 / 163. 4.03(b), eff. (3) change the design or theme of the game regularly to ensure that the game remains competitive with other instant-ticket lottery games offered by the commission. Sec. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Amended by Acts 2001, 77th Leg., ch. ANNUAL REPORT. (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. 1, eff. (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. 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. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. Acts 2009, 81st Leg., R.S., Ch. CONSPIRACY. (d) A person designated to receive payment on behalf of a minor has the powers and duties of a custodian under Chapter 141, Property Code. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET BY UNAUTHORIZED PERSON. 466.015. Aug. 30, 1993. 107, Sec. 6.01, eff. 403 (S.B. 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