466.019. 1655), Sec. Acts 2013, 83rd Leg., R.S., Ch. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. Sept. 1, 1997. APPLICABILITY OF OTHER LAW. Tex. > texas penal code theft of lottery tickets. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. (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 . Statistics show that 2019's 496,279 Texas larceny thefts averaged $1,624 in value for a total Texas larceny-theft loss of $805,938,632. 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. (a-1) The executive director shall deduct delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. Added by Acts 2003, 78th Leg., ch. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. 403, Sec. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Renumbered from Sec. AUDITS. Jasmine Renee Wiley was arrested on Thursday, May 17 and charged with theft of property in an amount greater than $30,000 but less than $150,000. 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 . Sept. 1, 1995; Acts 1999, 76th Leg., ch. 2, eff. (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. Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. Sections 4301-4333), as amended. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. Acts 2013, 83rd Leg., R.S., Ch. The equipment must be inspected immediately before and after the drawing. ENFORCEMENT. Renumbered from Sec. 1.02, eff. Sept. 1, 1997. 107, Sec. (2) "Director" means the director of the division. (e) The director may not issue a license to a person who has previously had a license under this chapter revoked unless the director is satisfied the person will comply with this chapter and the rules adopted under this chapter. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 76, Sec. Sept. 1, 1995. The commission may retain that revenue in the fund for as long as necessary to pay prizes claimed during the period designated for claiming a prize in the multijurisdiction lottery game. The term does not include an assignee of a lottery prize. Sec. 466.105. 76, Sec. Sept. 1, 1995; Acts 2001, 77th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (3) "Minor" means an individual who is younger than 18 years of age. 4.03(b), eff. 107, Sec. REPORTING BY SALES AGENT; RECORDS. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Books Available from the State Law Library. 993 (H.B. (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. 391, 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. 466.255 and amended by Acts 1995, 74th Leg., ch. 3, eff. (d) Except as provided by Subsection (e), a ticket holder forfeits any claim or entitlement to a prize for: (1) an on-line game after the expiration of the 180th day following the draw date; and. (b) The commission shall conduct an investigation of and 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) the executive director or a prospective executive director; or. 442), Sec. Sept. 1, 1997. 135, Sec. 66, eff. For more information, see Texas Penal Code Section 31.03(e)(4)(B). 2197), Sec. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. Aug. 30, 1993. 6.07, eff. ANNUAL REPORT. (a) The executive director may discharge from employment an employee of the commission who fails to provide a complete legible set of fingerprints on request. 4, eff. 107, Sec. (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. 107, Sec. 4.03(b), eff. September 1, 2017. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sec. CHAPTER 32. 466.106. (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. (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. 18.21, eff. (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. Sec. 466.017. BOND; INSURANCE. 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. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1995. CONFIDENTIAL INFORMATION. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. Within 20 days of receipt of the court order, the commission shall acknowledge in writing to both the assignor and the assignee its receipt of said court order. 6.45, eff. 76, Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Counterfeit and Altered Tickets. 6, eff. 107, Sec. Sept. 1, 1995. 1104, Sec. (b) A lottery operator may sell tickets to a sales agent. Section 12101 et seq.). 107, Sec. 76, Sec. Acts 2017, 85th Leg., R.S., Ch. GROUP PURCHASE ARRANGEMENTS. Added by Acts 1993, 73rd Leg., ch. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket to another person by extending credit or lending money to the person to enable the person to purchase the ticket. Added by Acts 1993, 73rd Leg., ch. 466.101. 403 (S.B. 689 (H.B. 403 (S.B. Definition. Added by Acts 1993, 73rd Leg., ch. 107, Sec. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . The player also acknowledges that the determination of whether the player is a valid winner is subject to: (1) the commission's rules and claims procedures, including those developed for the particular lottery game involved; and. 466.1005. 4.03(b), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. 466.102. 466.4075. Added by Acts 1993, 73rd Leg., ch. 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. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. 6.46, eff. 1394, Sec. 466.205. Aug. 30, 1993. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 107, Sec. Sec. (a) Except as provided by Subsection (d), all revenue received from the sale of tickets and all money credited to the state lottery account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the director. 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. 76, Sec. Added by Acts 1993, 73rd Leg., ch. 466.357. CERTAIN TRANSFERS OF CLAIMS. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. Sec. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document. LIQUIDATED DAMAGES; PERFORMANCE BOND. 107, Sec. Aug. 30, 1993. 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. 466.203. (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. 466.313. 4.03(b), eff. 403 (S.B. Amended by Acts 1995, 74th Leg., ch. Refreshed: 2021-06-07 6.30, eff. (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. 1), Sec. GENERAL PROVISIONS. A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract. (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. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. TICKET VALIDATION; DRAWINGS. 3.01, eff. Acts 2003, 78th Leg., ch. 2197), Sec. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. PROCUREMENTS. 466.306. 394, Sec. 32.01. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 2197), Sec. Amended by Acts 1995, 74th Leg., ch. (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. 3, eff. Retailer fails to monitor the machine as required to prevent sales to minors. PROHIBITED ADVERTISEMENTS. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. 5, eff. 6.12, eff. 76, Sec. (b) The executive director may employ security officers or investigators as the executive director considers necessary and may commission security officers or investigators as peace officers. PAYMENT OF PRIZE TO MULTIPLE WINNERS. 107, Sec. (B) the convenience of players and holders of winning tickets. 107, Sec. 5.95(14), 6.13, eff. (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. (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. Sec. 466.0161. REVIEW BY COMPTROLLER. probation,; fines, restitution and; up to 6 months in county jail. (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. (13) other security aspects of lottery operations. 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 . Sec. Added by Acts 1993, 73rd Leg., ch. (f) The commission may adopt rules necessary to administer this section. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 466.253 and amended by Acts 1995, 74th Leg., ch. 6.12, eff. 466.104. Sept. 1, 2003. Aug. 30, 1993. 993 (H.B. 4.03(b), eff. (d) A party who is aggrieved by the commission's resolution of a protest under Subsection (c) may file an action in the district court of Travis County. Amended by Acts 1995, 74th Leg., ch. (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. 4.03(b), eff. 466.401. The . 466.355. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) Sec. Penal Code 31.03 (a). September 1, 2017. 1, eff. DELIVERY OF FUNDS. Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sec. 559), Sec. Sept. 1, 1995. REVENUE FROM MULTIJURISDICTION LOTTERY. VETERANS' ASSISTANCE GAME. 4.03(b), eff. 626), Sec. Added by Acts 1995, 74th Leg., ch. 107, Sec. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. MINORITY BUSINESSES. Sec. (3) property in the custody of any law enforcement agency was explicitly represented by any law . 4.03(b), eff. (3) offers, for compensation, to claim the prize of another person. (c) A person commits an offense if the person violates this section. Sept. 1, 2001. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 1 / 163. 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. 201, 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. Sept. 1, 1995. The executive director shall appoint a deputy to administer the department. Amended by Acts 1995, 74th Leg., ch. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. Added by Acts 2013, 83rd Leg., R.S., Ch. 466.302. 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