(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. Sec. 76, Sec. 6.16, eff. Sept. 1, 2001. 3560), Sec. Aug. 30, 1993. (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). 6.10, eff. 466.204. 32.01. Retailer fails to monitor the machine as required to prevent sales to minors. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. 1.02, eff. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. 6, eff. Sept. 1, 1995. (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. 4.03(b), eff. 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. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sept. 1, 1995. 466.012. (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. 1410 (S.B. Sept. 1, 1995. 1420, Sec. SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. 76, Sec. (a) Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (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. Sec. 466.104. The estimate must be based on reasonable projections and past experience. 403, Sec. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. June 15, 2001; Acts 2003, 78th Leg., ch. 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. Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 107, Sec. Renumbered from Sec. Sept. 1, 1995. 107, Sec. 4.03(b), eff. (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. Sec. Sec. 323 (H.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1385 (S.B. It can take place in 2 ways. Sec. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. FORGERY; ALTERATION OF TICKET. Amended by Acts 1997, 75th Leg., ch. A hearing under this section is subject to Section 2001.058(e). 1353, Sec. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. Amended by Acts 1995, 74th Leg., ch. 1655), Sec. (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. 6.34, eff. Added by Acts 2009, 81st Leg., R.S., Ch. (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. (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. 6.33, eff. Greg Abbott. Larceny of tickets; fraudulent notification of prizes; penalty. 466.410. (b) The commission shall adopt rules for the renewal of licenses. Texas State Offense: Gambling Promotion. The certified public accountant may not have, as determined by the executive director, a significant financial interest in a sales agent, lottery vendor, or lottery operator. Sept. 1, 1997. 107, Sec. Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 18.21, eff. June 17, 2011. May 1, 2022 . Sec. (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. COMPENSATION OF SALES AGENT. 466.020. 993 (H.B. 66, eff. 5.95(14), 6.13, eff. probation, fines, restitution to the victim, and; up to 6 months of jail time. 466.254. (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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 76, Sec. 6.31, eff. Added by Acts 1993, 73rd Leg., ch. The director may not issue a license to a person to engage in business exclusively as a sales agent. 1, eff. (2) any validation tests established by the commission for the particular lottery game involved. 466.023. (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. 2197), Sec. 107, Sec. Amended by Acts 1995, 74th Leg., ch. 6.12, eff. Sept. 1, 1995. Sec. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 4.03(b), eff. Sec. 4.03(b), eff. (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. 1158, Sec. Sec. 466.158. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. (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 misrepresentation. Menu. September 1, 2007. 466.253 and amended by Acts 1995, 74th Leg., ch. Sec. (5) a mail order subscription on a mail order subscription form authorized by the commission. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. The certified public accountant shall present an audit report to the executive director, the commission, the governor, the comptroller, and the legislature not later than the 30th day after the submission date for the annual financial report required by the General Appropriations Act. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. Sept. 1, 2003. Amended by Acts 1995, 74th Leg., ch. 1385 (S.B. (a) The director may authorize prizes to be paid by warrants to be drawn on the state lottery account. An independent certified public accountant must witness the drawing. PAYMENT OF PRIZE AWARDED TO MINOR. Aug. 30, 1993. 466.101. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 466.317. June 19, 2009. 781, Sec. (c) If the prize is paid in periodic installments, the executive director shall deduct from periodic installment winnings paid to a prize winner amounts owed by the prize winner for child support if the executive director has been provided with a certified copy of a court order or a writ of withholding issued under Chapter 158, Family Code, or notice of a child support lien created under Subchapter G, Chapter 157, Family Code. A person claiming or attempting to claim a lottery prize or a share of a lottery prize represents that the ticket or other item showing that the person is entitled to the prize or share was lawfully obtained, is not stolen, forged, or altered, and has not previously been redeemed. 76, Sec. 6.08, eff. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. Sec. May 20, 2009. (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. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 6.27, eff. 6(a), eff. 6.29, eff. 4.03(b), eff. 2, 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. (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. 76, Sec. 466.311. 1, eff. Acts 2009, 81st Leg., R.S., Ch. 6.09, eff. Added by Acts 1993, 73rd Leg., ch. 993 (H.B. 107, Sec. (a) The director and each lottery operator shall determine the compensation to be paid to sales agents for the sale of tickets as provided by this section. On July 19 at 3:00 am . of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . 466.351. 466.409. 5, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) 107, 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. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. (c) Not later than the first anniversary after the date of each renewal, the commission shall obtain criminal history record information maintained by the Department of Public Safety on a sales agent whose license is renewed under Section 466.158. 76, Sec. 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. 466.106. 678, Sec. 76, Sec. Sec. September 1, 2013. 107, Sec. Below are some of the library resources that can provide further guidance on this topic. (B) the convenience of players and holders of winning tickets. 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. Amended by Acts 1999, 76th Leg., ch. 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. Aug. 30, 1993. Sept. 1, 1997. Sec. Sec. (b) An offense under this section is a Class A misdemeanor. California Penal Code 484(a) PC defines the crime of petty theft as wrongfully taking or stealing someone else's property when the value of the property is $950.00 or less.. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. Sec. 466.004. If a sales agent refuses to permit an examination or to answer any question authorized by this subsection, the executive director may summarily suspend the license of the sales agent under Section 466.160 until the examination is completed as required. (b) A lottery operator may sell tickets to a sales agent. (G) participates in managing the affairs of the applicant or sales agent; (3) has been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission; (4) is a person whose location for the sales agency is: (A) a location licensed for games of bingo under Chapter 2001, Occupations Code; (ii) a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or an agency of the state; or, (C) a location for which a person holds a wine and malt beverage retailer's permit, mixed beverage permit, mixed beverage permit with a retailer late hours certificate, private club registration permit, or private club registration permit with a retailer late hours certificate issued under Chapter 25, 28, 29, or 32, Alcoholic Beverage Code, other than a location for which a person holds a wine and malt beverage retailer's permit issued under Chapter 25, Alcoholic Beverage Code, that derives less than 30 percent of the location's gross receipts from the sale or service of alcoholic beverages; or. AUDITS. 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. Added by Acts 2013, 83rd Leg., R.S., Ch. 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. 431 (S.B. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. 4.03(b), eff. Sec. 466.313. (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. texas penal code theft of lottery tickets. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. 4.03(b), eff. 394, Sec. 76, Sec. The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal. 107, Sec. 5.95(94), 6.09, eff. 6.25, eff. (4) 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 Subdivision (1), (2), or (3). Added by Acts 1993, 73rd Leg., ch. 466.453. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). (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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (a) An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission. 2, eff. (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. 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. Sec. 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