4.03(b), eff. 107, 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. 442), Sec. Each of those items is subject to discovery by a person that is the subject of the item. 4.03(b), eff. Sec. 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. 466.255 and amended by Acts 1995, 74th Leg., ch. 466.401. 466.451. In this chapter: (1) "Commission" means the Texas Lottery Commission. If the director denies an application based on another factor, the director may not refund any part of the application fee. Please call us at (512) 463-1722 if you have any questions about these materials. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. AUDITS. September 1, 2017. Sept. 1, 1995. Sec. Sept. 1, 1995. APPLICABILITY OF OTHER LAW. Sec. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. 76, Sec. Amended by Acts 1995, 74th Leg., ch. 2197), Sec. On July 19 at 3:00 am . U.S.C. 626), Sec. 466.3011. 17.19(5), eff. Aug. 30, 1993. (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. September 1, 2017. (a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game. LIQUIDATED DAMAGES; PERFORMANCE BOND. June 15, 2001. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sept. 1, 1995. Aug. 30, 1993. 4.03(b), eff. This app contains statutes current with the 87th Legislature. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. 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. Amended by Acts 1995, 74th Leg., ch. LICENSE REQUIRED. Sept. 1, 1999. 592, Sec. Aug. 30, 1993. Sec. (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. The commission shall adopt rules regarding the form and frequency of reports under this subsection. PROCUREMENT PROCEDURES. Sept. 1, 1995. Sept. 1, 1995. Sec. Added by Acts 1993, 73rd Leg., ch. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (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. 1.02, eff. Sec. 1), Sec. 107, Sec. 1423, Sec. The report must be in the form and reported in the time provided by the General Appropriations Act. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. Sec. 76, Sec. 58.1-4018.1. 5.95(14), 6.13, eff. Sec. (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. 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. Sept. 1, 1995. 4.03(b), eff. Aug. 30, 1993. 6.40, eff. (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: 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 . The . The commission shall provide the governor and the legislature, before the convening of each regular legislative session, with a summary of the security study that shows the overall evaluation of the lottery's security. 466.3052. 4.03(b), eff. 466.110. 4.03(b), eff. Sept. 1, 1999. 107, Sec. Sec. (a) The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter. 466.015. 458, Sec. Product Features: - The full text of the Texas Penal Code. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995. 466.156. OFFENSES AGAINST PROPERTY. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. If you do steel then too, it's not like you can cash them either because we have a button on the terminal that stops payment on all tickets sold at the store until we. Search Texas Statutes. 2. (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. Added by Acts 2005, 79th Leg., Ch. Added by Acts 2011, 82nd Leg., R.S., Ch. The state auditor may review the results of and working papers related to the audit. September 1, 2019. (a) The department of security shall supervise ticket validation and lottery drawings. 1275, Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (a) The executive director shall prescribe the form of tickets. Aug. 30, 1993. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. The court shall give preference to hearings and trials of actions under this section. (f) The commission may adopt rules necessary to administer this section. 4.03(b), eff. (In California, for any prize over $350,000, an investigation is automatically launched.) An offense under this section is a Class A misdemeanor. (a) The commission shall adopt all rules necessary to administer this chapter. 4.03(b), eff. If the party filing the action seeks to enjoin the implementation of a solicitation or contract, the party shall post a bond that is payable to the state if the party does not prevail in the appeal, and is in an amount sufficient to compensate the state for the revenue that would be lost due to the delay in lottery operations. 6.22, eff. 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. June 19, 2009. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. Sec. Added by Acts 1993, 73rd Leg., ch. 6.17, eff. COMPENSATION OF SALES AGENT. 4.03(b), eff. Texas Penal Code Sec. Acts 2011, 82nd Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. 107, Sec. 107, Sec. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. 1410 (S.B. 4.03(b), eff. (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. Sept. 1, 1995. 2197), Sec. Added by Acts 1999, 76th Leg., ch. 107, Sec. 4.03(b), eff. (b) Money received by a sales agent from the sales of tickets, less the amount retained for prizes paid by the sales agent or for the agent's commission, if any, together with any unsold tickets, shall be held in trust for the benefit of the state before delivery to a lottery operator or the division or electronic transfer to the state treasury, and the sales agent is liable to the division for the full amount of the money or unsold tickets so held. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. 107, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. 466.312. Amended by Acts 1997, 75th Leg., ch. Sec. 466.304. - Real-time section number search. Menu. Added by Acts 1995, 74th Leg., ch. 4.03(b), eff. Sec. 107, Sec. Aug. 30, 1993. 76, Sec. FRAUD. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. 198, Sec. (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. (a) If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor. Greg Abbott. (b) A lottery operator may sell tickets to a sales agent. September 1, 2013. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 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. 107, Sec. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. HB 2168, effective June 8, 2021, amended the Professional Sports Team . For the purpose of carrying out this chapter, the executive director or state auditor may examine all books, records, papers, or other objects that the executive director or state auditor determines are necessary for conducting a complete examination under this chapter and may also examine under oath any officer, director, or employee of a lottery operator or sales agent. 17.19(5), eff. Added by Acts 1993, 73rd Leg., ch. 2197), Sec. 76, Sec. Added by Acts 1993, 73rd Leg., ch. 403 (S.B. 1353, Sec. 190 (H.B. For purposes of the application of Title 2 of the Tax Code: (1) the state's share of proceeds from the sale of lottery tickets is treated as if it were a tax; and. 74 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 107, Sec. (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. The investments may be in securities, annuities, or other instruments as determined by the comptroller. texas penal code theft of lottery tickets. 466.104. Amended by Acts 1995, 74th Leg., ch. (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. Sept. 1, 2003. A notice must be served or mailed not later than the 20th day before the date of the hearing. 2, eff. May 1, 2022 . Sec. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. Added by Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2003. Amended by Acts 1999, 76th Leg., ch. 6.29, eff. 2197), Sec. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. (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. (a) A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. 466.306. Terms in this set (285) Objectives of Code. Sept. 1, 2001. 1 / 163. (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. (a) A person may assign, in whole or in part, the right to receive prize payments that are paid by the commission in installments over time if the assignment is made to a person designated by an order of a district court of Travis County, except that a person may not assign the right to receive prize payments if the person is subject to a child support order and is delinquent in making support payments under that order. (2) a power granted to the comptroller may be exercised by the commission. Amended by Acts 1995, 74th Leg., ch. 107, Sec. TICKETS. 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. 107, Sec. A license may not be transferred or assigned to any other person or location. ANNUAL REPORT. 76, 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. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . If notice is served by mail, the sales agent shall immediately return the license to the commission. 4.03(b), eff. 1423, Sec. 993 (H.B. (2) fails to maintain or make an entry the person knows is required to be maintained or made. 6.27, eff. Sec. 394, Sec. Penal Code 459.5 PC defines the California crime of "shoplifting" as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less.PC 459.5 shoplifting is a misdemeanor punishable by. 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