(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. 6.20, eff. (b) An offense under this section is a Class A misdemeanor. Sec. 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). 466.452. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. Added by Acts 1993, 73rd Leg., ch. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 2003. Added by Acts 1993, 73rd Leg., ch. 58.1-4018.1. If a sales agent's rental payments for premises are contractually computed in whole or in part on the basis of a percentage of the lessee's retail sales and if the computation of the lessee's rental payment is not explicitly defined to include sales of tickets in a state-operated lottery, the compensation received by the sales agent from the lottery is considered to be the net amount of the lessee's retail sales of tickets for the purpose of computing the rental payment. 107, Sec. 107, Sec. 403 (S.B. 76, Sec. (b) The payment of a prize in an amount of $600 or more may be made only by the director. 1.51, eff. 6.09, eff. Amended by Acts 1995, 74th 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. (b) Repealed by Acts 2003, 78th Leg., ch. ENFORCEMENT. 190 (H.B. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. 466.311. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Amended by Acts 1995, 74th Leg., ch. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. 678, Sec. PAYMENT OF PRIZE IN INSTALLMENTS. Added by Acts 2013, 83rd Leg., R.S., Ch. 626), Sec. Aug. 30, 1993. Aug. 30, 1993. (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. RULES. 466.201. 1, eff. (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. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 3560), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Aug. 30, 1993. (2) any validation tests established by the commission for the particular lottery game involved. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . (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. 466.312. 3.02, eff. 466.023. (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. 76, Sec. Sec. 6.19, eff. Sept. 1, 1995. (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. 6.12, eff. (h) An assignment pursuant to court order may not include or cover payments or portions of payments that are subject to any offset provided by this chapter. 3, eff. Sec. 626), Sec. Acts 2009, 81st Leg., R.S., Ch. 2197), Sec. 76, Sec. What is Theft by Deception Under Texas Law? (c) The director may authorize a sales agent to pay a prize in an amount less than $600 after performing procedures to validate the winning ticket as required by the director. 1359 (H.B. 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. 1104, Sec. Sept. 1, 1995. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. Refreshed: 2021-06-07 Added by Acts 1993, 73rd Leg., ch. 592, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 2, eff. Amended by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. 4.03(b), eff. Sec. 4.03(b), eff. Sept. 1, 1997. contact us : 220 948-8593, email : deeperlife@gmail.com. Aug. 30, 1993. (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. 1394, Sec. Sec. 2197), Sec. 1, eff. 4.03(b), eff. Sec. TAMPERING WITH LOTTERY EQUIPMENT. 466.358. 4.03(b), eff. Sept. 1, 1999. 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) 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. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. (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. 2482), 4. September 1, 2013. 4.03(b), eff. 2197), Sec. 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. 6.39, eff. Sept. 1, 1995. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. Added by Acts 1993, 73rd Leg., ch. 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. Amended by Acts 1995, 74th Leg., ch. 466.308. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 466.002. (5) the object offense was not actually committed. (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. Acts 2013, 83rd Leg., R.S., Ch. June 15, 2001. Sept. 1, 1995. 8.22, eff. 4.03(b), eff. (c) An offense under this section is a Class A misdemeanor. (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. 687, Sec. 76, Sec. 37), Sec. After conducting investigations, the executive director, a person designated by the commission, or any law enforcement agency may file a complaint with the district attorney of Travis County or with the district attorney of the county in which a violation is alleged to have occurred. 76, Sec. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 4.03(b), eff. 76, Sec. Sept. 1, 2001. Sept. 1, 1995. Added by Acts 2017, 85th Leg., R.S., Ch. 466.406. Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The commission shall provide for a formal administrative hearings process. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. PENAL CODE. 4.03(b), eff. Sec. Penal Code 47.03 creates an offense for gambling promotion. A petition filed under this section shall include in the caption the prize winner's name as it appears on the lottery claim form; (2) the assignment is in writing, executed by the assignor and assignee (or designated agent), and by its terms subject to the laws of this state; and. 6.25, eff. 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. According to . Sept. 1, 2003. (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. 4.03(b), eff. (a) The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter. (13) other security aspects of lottery operations. 6, eff. Sept. 1, 1995. 466.109. Recent Changes to the Laws. Acts 2011, 82nd Leg., R.S., Ch. (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. 107, Sec. It states that "A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent" (a) Annually, the comptroller shall review the management and operations of the lottery. 76, Sec. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). (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) This section does not waive any immunity of the commission or this state. Aug. 30, 1993. 466.3054. The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent. 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; (c) It is no defense to prosecution for conspiracy under this section that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or. 1394, Sec. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. 6.48, eff. 403 (S.B. Added by Acts 1993, 73rd Leg., ch. September 1, 2013. 107, Sec. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Books Available from the State Law Library. (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. 107, Sec. Sec. 466.401. Aug. 30, 1993. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. 5, eff. 943 (H.B. 1, eff. Lottery ticket fraud of this type can be punished under multiple laws. (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. DIVISION EMPLOYEES. 51, eff. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 466.3053. Added by Acts 1993, 73rd Leg., ch. 466.252. 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. Code Order (PDF) 11-01-2022; Version 18 Offense . 107, Sec. PROCUREMENTS. In this chapter: (1) "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for . June 19, 1999. 74 (H.B. ASSISTANCE OF COMPTROLLER. 2.72(b). PURCHASE AND SALE OF TICKETS. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. 6.35, eff. Sec. Sec. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. 76, Sec. Aug. 30, 1993. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 76, Sec. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or. The legislature intends that advertisements or promotions sponsored by the commission or the division for the lottery not be of a nature that unduly influences any person to purchase a lottery ticket or number. 6.33, eff. CONSPIRACY. June 14, 2013. 4, eff. 6.06, eff. 8.2, 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. Added by Acts 1993, 73rd Leg., ch. The executive director shall reimburse the department for the actual cost of an investigation. Sec. 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. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. Sept. 1, 1999. An independent certified public accountant must witness the drawing. 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. Aug. 30, 1993. 466.310. 4.03(b), eff. Renumbered from Sec. (c) Applications for licenses must be available for public inspection during regular office hours. probation,; fines, restitution and; up to 6 months in county jail. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. (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. 62, Sec. 135, Sec. 466.254. 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 . (e) The director may provide for a sales agent to pay amounts received for the sale of tickets directly to an officer or employee of the division for immediate deposit in the state treasury. Amended by Acts 1999, 76th Leg., ch. 993 (H.B. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sec. Added by Acts 1993, 73rd Leg., ch. Sec. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. (b) The applicant must include an application fee with each application. The severity of the penalty depends on the dollar amount of . (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. 1655), 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 . Amended by Acts 1995, 74th Leg., ch. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". 76, Sec. 4.03(b), eff. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. Amended by Acts 1995, 74th Leg., ch. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. Added by Acts 1993, 73rd Leg., ch. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. (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. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (In California, for any prize over $350,000, an investigation is automatically launched.) (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. 107, Sec. 466.256. 1423, Sec. (e) If the winnings of a prize winner exceed the amount deducted under Subsection (b) or (c) and Section 466.407 or any other section of this chapter allowing a deduction from the winnings of a prize winner, the executive director shall pay the balance to the prize winner. Sept. 1, 1995. 466.014. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. Acts 2013, 83rd Leg., R.S., Ch. First, consider the primary form of theft known as larceny theft. (6) "Lottery game" includes a lottery activity. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. GROUP PURCHASE ARRANGEMENTS. (Tex. 1, eff. GEORGETOWN, Tx. 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