Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aug. 30, 1993. Sept. 1, 1999. 4.03(b), eff. If notice is served in person, the sales agent shall immediately surrender the license to the commission. Sec. (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. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. 107, Sec. MULTIJURISDICTION AGREEMENT AUTHORIZED. 8, eff. Amended by Acts 1995, 74th Leg., ch. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. 466.254. 466.3012. The commission may only disclose the information on or after the 30th day after the date the person claims the lottery prize if the person chooses to remain anonymous under Subsection (a). 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. Sec. 2197), Sec. LIQUIDATED DAMAGES; PERFORMANCE BOND. (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. Acts 2009, 81st Leg., R.S., Ch. LIABILITY OF SALES AGENT. 4.03(b), eff. 12.34 Third Degree Felony Punishment (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. Lottery ticket fraud can be punished under several California laws. 466.101. 2.72(b). 76, Sec. Amended by Acts 1995, 74th Leg., ch. Sec. Sept. 1, 1999. (13) other security aspects of lottery operations. Aug. 30, 1993. 2197), Sec. 107, Sec. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. Search Texas Statutes. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . 107, Sec. 6.39, eff. Added by Acts 1993, 73rd Leg., ch. This subsection does not require a commission member to sign the contract. 76, Sec. (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. 6.21, eff. Aug. 30, 1993. 107, Sec. Sept. 1, 1995. CONFIDENTIAL INFORMATION. 76, Sec. Acts 2009, 81st Leg., R.S., Ch. 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. Added by Acts 1993, 73rd Leg., ch. (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. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. Any person who steals or otherwise unlawfully converts to his own or another's use a lottery ticket, prize, share, or portion thereof shall be guilty of larceny. Aug. 30, 1993. 76, Sec. 466.353. The procedures must be for the purpose of ensuring fairness and integrity. 466.0161. REVIEW BY COMPTROLLER. california state library staff. (d) The Department of Public Safety, at the commission's request, shall perform a full criminal background investigation of a prospective deputy or investigator of the department of security. (2) any validation tests established by the commission for the particular lottery game involved. 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. Amended by Acts 1995, 74th Leg., ch. 993 (H.B. 6.29, eff. 107, Sec. TICKETS. (a) The state lottery account is a special account in the general revenue fund. Aug. 30, 1993. 626), Sec. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. 107, Sec. 466.402. June 19, 2009. 4.03(b), eff. An independent certified public accountant must witness the drawing. (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). 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. 4.03(b), eff. (a) The commission shall adopt all rules necessary to administer this chapter. 7(a), eff. SUBCHAPTER J. Added by Acts 1993, 73rd Leg., ch. 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. 466.102. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. (b) The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division. 6.06, eff. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. 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. 1655), Sec. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. CLAIMING LOTTERY PRIZE BY FRAUD. 6.31, eff. Added by Acts 1993, 73rd Leg., ch. Sec. Sec. 4.03(b), eff. (3) property in the custody of any law enforcement agency was explicitly represented by any law . 2197), Sec. Acts 2011, 82nd Leg., R.S., Ch. 76, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 76, Sec. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells or offers to sell a ticket to an individual that the person knows is younger than 18 years of age. Sept. 1, 1995. (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. 689 (H.B. The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. 76, Sec. 2.34, eff. 466.251. Aug. 30, 1993. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. (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. (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. 76, Sec. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. Sept. 1, 1997. > texas penal code theft of lottery tickets. Aug. 30, 1993. 1.51, eff. (B) is a domestic business entity with a home or branch office located in this state and is not a branch or subsidiary of a foreign corporation, firm, or other business entity. 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. Sec. 781, Sec. Sec. Added by Acts 1993, 73rd Leg., ch. Renumbered from Sec. 466.312. PROHIBITED ADVERTISEMENTS. 466.351. PENAL CODE. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Sec. 466.410. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sept. 1, 1995. 6.25, eff. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 76, Sec. Sept. 1, 1995. 107, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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 . 466.022. Added by Acts 1993, 73rd Leg., ch. RULES. 466.306. 18.21, eff. (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. 76, Sec. The commission shall provide for a formal administrative hearings process. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. 466.021. Sec. 3.01, eff. mr cool 12000 btu installation manual; weird facts about glasgow; lamar jackson speed madden 22; best sugar paste for hair removal. (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. 466.404. The acquisition of transmission facilities must be done on a competitive bid basis if possible. DEMOGRAPHIC STUDIES. RULES. 1, eff. 4.03(b), eff. 466.110. 466.253 and amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 29, eff. (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. (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. The notice must state the alleged violations that constitute grounds for summary suspension. Aug. 30, 1993. 107, Sec. 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. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. 1104, Sec. 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 . The notice must be personally served on the sales agent or an officer, employee, or agent of the sales agent or sent by certified or registered mail, return receipt requested, to the sales agent's mailing address as it appears on the commission's records. 76, Sec. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. what is a wood router good for; bts associate director salary; (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. 2197), Sec. Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. Sec. 4.03(b), eff. (j) After receiving a letter or ruling from the Internal Revenue Service or a published decision of a court as provided by Subsection (i)(1) or (2), the executive director shall immediately file a copy of the letter, ruling, or published decision with the secretary of state. (b) In addition to commission records excepted from disclosure under Chapter 552, the following information is confidential and is exempt from disclosure: (1) security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; (2) information of a nature that is designed to ensure the integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; (3) the street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and. June 20, 2003. OFFENSES AGAINST PROPERTY. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. Added by Acts 1993, 73rd Leg., ch. 466.406. (a) A license issued under this chapter expires on: (1) the death of a sales agent who is an individual; (2) the dissolution of a sales agent that is not an individual; or. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". PROCUREMENTS. 1275, Sec. i bought a flip or flop house. (a) Repealed by Acts 2011, 82nd Leg., ch. (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. 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. 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. (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. Sept. 1, 1999. (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. The maximum penalty is a year of imprisonment. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. Amended by Acts 1995, 74th Leg., ch. PREFERENCE FOR TEXAS BUSINESSES. 3.04(a), eff. SALE OF TICKET AT UNAUTHORIZED LOCATION. The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first. 466.026. Aug. 30, 1993. Larceny of tickets; fraudulent notification of prizes; penalty. Added by Acts 1993, 73rd Leg., ch. 1035, Sec. 4, eff. 1555), Sec. 4.03(b), eff. Added by Acts 2013, 83rd Leg., R.S., Ch. texas penal code theft of lottery tickets most tackle points in one match. When amounts are claimed, attempted to be claimed, or obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. Added by Acts 1993, 73rd Leg., ch. 403 (S.B. 107, Sec. Sec. May 20, 2009. (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. (B) an owner of a beneficial interest in a legal entity that is a lottery prize winner and who has chosen to remain anonymous under Section 466.411. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Acts 2017, 85th Leg., R.S., Ch. 76, Sec. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. PUBLICITY OF INDIVIDUALS PROHIBITED. Robbery is a 2d degree felony in Texas. The study must include the income, age, sex, race, education, and frequency of participation of players. 6.07, eff. Sec. Sec. (c) A person commits an offense if the person violates this section. 458, Sec. Aug. 30, 1993. 1423, Sec. (a) The commission and executive director have broad authority and shall exercise strict control and close supervision over all lottery games conducted in this state to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery. 4.03(b), eff. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. For more information, see Texas Penal Code Section 32.47. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. Added by Acts 1993, 73rd Leg., ch. Sec. (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. For more information, see Texas Penal Code Section 31.03(e)(4)(B). (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). 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. SALE OF TICKET BY UNAUTHORIZED PERSON. 466.453. Aug. 30, 1993. According to . Aug. 30, 1993. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. 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. 6.01, eff. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. 6.18, eff. Aug. 30, 1993. Acts 2013, 83rd Leg., R.S., Ch. June 15, 2001; Acts 2003, 78th Leg., ch. 466.109. 6.31, eff. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. 1158, Sec. (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. Amended by Acts 1995, 74th 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. 466.017. PENAL CODE. (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. 76, Sec. EXEMPTION FROM TAXATION. Amended by Acts 1995, 74th Leg., ch. Sec. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. 689 (H.B. 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. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. 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. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". Sec. Amended by Acts 1999, 76th Leg., ch. 466.154. (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. 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