Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Aug. 30, 1993. 1, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4.03(b), eff. June 17, 2011. (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. Sec. 6.47, eff. Sept. 1, 1995. 6.46, eff. 466.202. 4.03(b), eff. 466.107. 22990010 burglary of bldng enter/conceal intnd theft cs 30.02(c-1)(2) pc f3 22990011 burglary of vehicles 30.04(d) pc ma . 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. Sec. The procedures must be for the purpose of ensuring fairness and integrity. 1, eff. The state auditor may review the results of and working papers related to the audit. 107, Sec. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 403 (S.B. Aug. 30, 1993. Sec. 1655), Sec. The executive director is not required to receive the court order, the writ of withholding, or notice of child support lien until the executive director determines there is a periodic installment prize to which the prize winner is entitled. (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. Amended by Acts 1995, 74th Leg., ch. Sec. (5) a mail order subscription on a mail order subscription form authorized by the commission. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. PROCUREMENT PROCEDURES. Added by Acts 2009, 81st Leg., R.S., Ch. (2) fails to maintain or make an entry the person knows is required to be maintained or made. (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. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 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. 466.253 and amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 4.03(b), eff. LIABILITY OF SALES AGENT. 1178, Sec. REPORTING BY SALES AGENT; RECORDS. Added by Acts 1993, 73rd Leg., ch. 6.30, eff. SUBCHAPTER J. (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 . GROUP PURCHASE ARRANGEMENTS. 3, eff. 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. (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: Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. LIQUIDATED DAMAGES; PERFORMANCE BOND. Aug. 30, 1993. Sec. Added by Acts 1993, 73rd Leg., ch. 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. 2, eff. (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. 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. (In California, for any prize over $350,000, an investigation is automatically launched.) (b) This section does not waive any immunity of the commission or this state. 4.03(b), eff. 466.020. Search Texas Statutes. Amended by Acts 1995, 74th Leg., ch. 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.". Added by Acts 1995, 74th Leg., ch. 466.404. 1104, Sec. ASSISTANCE OF COMPTROLLER. 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. The maximum penalty is a year of imprisonment. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. Sec. 6.36, eff. Refreshed: 2021-06-07 466.0161. REVIEW BY COMPTROLLER. Acts 2009, 81st Leg., R.S., Ch. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. (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. Amended by Acts 1995, 74th Leg., ch. (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. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. 6.12, eff. 107, Sec. From time to time, they would not pay for some of the tickets, and as their habit progressed they ended up taking nearly $2-$3 Thousand dollars worth of tickets - with earnings amounting to no more than $1000. Added by Acts 1993, 73rd 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. Sept. 1, 1995. June 19, 2009. 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). (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . 466.354. Sept. 1, 1997. 76, Sec. 792, Sec. Sept. 1, 1999. 6.28, eff. The commission shall adopt rules regarding the form and frequency of reports under this subsection. 107, Sec. Payments made to the executive director under this subsection shall be deposited in the general revenue fund and may be used to reimburse the Department of Public Safety for the actual costs of an investigation. 76, Sec. The notice must state the alleged violations that constitute grounds for summary suspension. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 76, Sec. Sec. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. 1153, Sec. Sec. Aug. 30, 1993. Amended by Acts 1999, 76th Leg., ch. Sec. 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 . (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. Lottery ticket fraud can be punished under several California laws. - Fast full-text search to quickly find . Sept. 1, 1995. June 17, 2011. (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. Each of those items is subject to discovery by a person that is the subject of the item. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. 6.31, eff. 1, 2, eff. 76, Sec. 76, Sec. (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. (a) The department of security shall supervise ticket validation and lottery drawings. 466.406. 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. Penal Code 47.03 creates an offense for gambling promotion. 107, Sec. Added by Acts 1993, 73rd Leg., ch. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Sept. 1, 1995. (f) A certified copy of a court order granted under this section shall be delivered to the commission and such order must be provided to the commission no later than 20 days prior to the date upon which the first assigned payment is to be paid to the assignee. PAYMENT OF PRIZE AWARDED TO MINOR. Sept. 1, 1997. 4.03(b), eff. Sec. 6.26, eff. 2197), Sec. Sec. 626), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1394, Sec. Added by Acts 1993, 73rd Leg., ch. For purposes of this subsection, the . 6.05, eff. Id. Sept. 1, 1995. 1, eff. Added by Acts 1993, 73rd 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. The executive director shall appoint a deputy to administer the department. Aug. 30, 1993. 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. (c) The commission may adopt rules governing the establishment and operation of the lottery, including rules governing: (1) the type of lottery games to be conducted; (3) the number of winning tickets and amount of the prize paid on each winning ticket; (4) the frequency of the drawing or selection of a winning ticket; (5) the number and types of locations at which a ticket may be sold; (6) the method to be used in selling a ticket; (7) the use of vending machines or electronic or mechanical devices of any kind, other than machines or devices that dispense currency or coins as prizes; (8) the manner of paying a prize to the holder of a winning ticket; (9) the investigation of possible violations of this chapter or any rule adopted under this chapter; (10) the means of advertising to be used for the lottery; (11) the qualifications of vendors of lottery services or equipment; (12) the confidentiality of information relating to the operation of the lottery, including: (B) security measures, systems, or procedures; (D) bids or other information regarding the commission's contracts, if disclosure of the information would impair the commission's ability to contract for facilities, goods, or services on terms favorable to the commission; (E) personnel information unrelated to compensation, duties, qualifications, or responsibilities; and. 31.03 (b) (1). (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. (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. 107, Sec. 76, Sec. 466.308. The version of the offense codes is updated after every legislative session and the most up to date and current list of the offense codes can be found on this page. FORGERY; ALTERATION OF TICKET. (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. (b) An offense under this section is a felony of the third degree. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. 1, eff. September 28, 2011. The equipment must be inspected immediately before and after the drawing. (3) "Minor" means an individual who is younger than 18 years of age. 78, eff. (b) Payment of prize payments not previously assigned as provided by this section or Section 466.410 shall be made to the estate of a deceased prize winner if the prize winner was an individual. A person may not purchase a ticket or claim, collect, or receive a lottery prize or a share of a lottery prize if the person is: (1) a member, officer, or employee of a person that has a contract with the commission to sell or lease goods or services used in the operation of the lottery, and the member, officer, or employee is directly involved in selling or leasing the goods or performing the services that are the subject of the contract with the commission; (2) a member, officer, or employee of a lottery operator; (3) an officer or employee of the commission; or. (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). June 17, 2011. 4.03(b), eff. 466.311. 466.103. (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. (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. Aug. 30, 1993. 466.203. 323 (H.B. Acts 2019, 86th Leg., R.S., Ch. 107, Sec. (a) A person commits an offense if the person: (1) induces another person to assign or transfer a right to claim a prize; (2) offers for sale the right to claim a prize; or. 993 (H.B. 1, 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. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. 6.23, eff. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. Aug. 30, 1993. (a) A person commits an offense if the person intentionally or knowingly sells a ticket at a price the person knows is greater than that fixed by the commission or by the lottery operator authorized to set that price. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 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