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Sec. Sept. 1, 1995. 4.03(b), eff. 466.307. 466.015. Sept. 1, 2003. 466.408. 1104, Sec. (1) determine the ticket price, payout amounts, and manner in which the game is conducted; (2) make tickets to the game available for sale continuously to the extent practicable; and. The report must be in the form and reported in the time provided by the General Appropriations Act. A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with \\"noncash merchandise prizes, toys, or novelties,\\" as that phrase is used in subsection 47.01 (4) (B) of the Penal Code. The director may prescribe the terms under which a suspended license will be reissued. probation, fines, restitution to the victim, and; up to 6 months of jail time. Added by Acts 1993, 73rd Leg., ch. DEFINITIONS. 466.253 and amended by Acts 1995, 74th Leg., ch. 3, eff. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. 993 (H.B. DEFINITION. Sec. 1, eff. TICKET VALIDATION; DRAWINGS. Added by Acts 1993, 73rd Leg., ch. 466.353. The plan must at a minimum include: (B) the effectiveness of specific programs and initiatives; (C) the ongoing efficiency of agency operations; (D) the amount of lottery revenue that is generated for state purposes other than the payment of prizes; and. 2, eff. 4.03(b), eff. The equipment must be inspected immediately before and after the drawing. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. 6.47, eff. 4.03(b), eff. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. 58.1-4018.1. Sec. 592, Sec. 466.158. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. probation,; fines, restitution and; up to 6 months in county jail. 403 (S.B. 107, Sec. 107, Sec. Sept. 1, 1995. 8.22, eff. 466.151. Acts 2013, 83rd Leg., R.S., Ch. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. LIABILITY OF SALES AGENT. Sec. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sec. REVENUE FROM MULTIJURISDICTION LOTTERY. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Acts 2009, 81st Leg., R.S., 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. CHANGE IN APPLICATION INFORMATION. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). MINORITY BUSINESSES. 66, eff. 1655), Sec. OFFENSES AGAINST PROPERTY. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . Amended by Acts 1995, 74th Leg., ch. (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. Added by Acts 1993, 73rd Leg., ch. CERTAIN TRANSFERS OF CLAIMS. 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. 4.03(b), eff. 466.405. Aug. 30, 1993. 3, eff. Second-Degree Felony Theft. Acts 2011, 82nd Leg., R.S., Ch. 6.33, eff. Tampering with a lottery ticket can have serious consequences. 76, Sec. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 74 (H.B. Added by Acts 1993, 73rd Leg., ch. 3.078, eff. -To insure the public safety through: (A) the deterrent influence of the penalties. As prescribed by rule, each sales agent shall prominently display the license in each place of business or activity at which the sales agent sells tickets. 2197), Sec. Added by Acts 1993, 73rd Leg., ch. 993 (H.B. Sec. Amended by Acts 1995, 74th Leg., ch. September 1, 2013. 1963), Sec. 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. 466.255 and amended by Acts 1995, 74th Leg., ch. 1), Sec. Aug. 30, 1993. 107, Sec. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. 626), Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 2005, 79th Leg., Ch. Added by Acts 1993, 73rd Leg., ch. 107, Sec. (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). 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. (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. The state auditor may review the results of and working papers related to the audit. Counterfeit and Altered Tickets. (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. 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. 466.027. Sept. 1, 1995. (3) property in the custody of any law enforcement agency was explicitly represented by any law . (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or sales agent is entitled to written notice of the time and place of the hearing. (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. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . Sept. 1, 1999. Sept. 1, 1999. 1, eff. 29, eff. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. (a) The executive director shall maintain a department of security in the commission. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. 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. (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. Sec. texas penal code theft of lottery tickets most tackle points in one match. What is Theft by Deception Under Texas Law? 5.95(83), (94), 6.04, eff. 2197), Sec. 6.35, eff. 1655), 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) 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. June 14, 2013. DUTIES OF COMPTROLLER. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. FRAUD. (d) A separate license is required for each location at which tickets are to be sold. 76, Sec. 466.159. 559), Sec. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . 6.04, eff. The drawing and inspections must be recorded on video and audio tape. 403 (S.B. Added by Acts 1993, 73rd Leg., ch. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. Penal Code 31.03 (a). (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. Sec. 696, Sec. 4.03(b), eff. (a) The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter. THEFT. 3.02, eff. Aug. 30, 1993. Aug. 30, 1993. 943 (H.B. LIQUIDATED DAMAGES; PERFORMANCE BOND. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. 6.39, eff. (a) The state lottery account is a special account in the general revenue fund. 51, eff. PENAL CODE. Added by Acts 1993, 73rd Leg., ch. Sec. This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410. 6.10, eff. (a) A sales agent is liable to the division for all tickets accepted or generated by the sales agent or any employee or agent of the sales agent, and tickets shall be deemed to have been purchased by the sales agent unless returned to the division within the time and manner prescribed by the division. 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. 76, Sec. (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. 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. 466.160. Added by Acts 1993, 73rd Leg., ch. 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. (b) The director shall pay the cash equivalent of a prize other than prize money if more than one person is entitled to share the prize as provided by Subsection (a). The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. Please call us at (512) 463-1722 if you have any questions about these materials. 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. 466.311. 4.03(b), eff. The study must include the income, age, sex, race, education, and frequency of participation of players. September 1, 2013. Sec. 76, Sec. 165, Sec. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. (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. 76, Sec. 107, Sec. 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. An independent certified public accountant must witness the drawing. AGGREGATION OF AMOUNTS INVOLVED. 466.103. Sec. 107, Sec. CONFIDENTIAL INFORMATION. (b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority: (1) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to the Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund, or appropriated from that account to provide indigent health care services as specified in Chapter 61, Health and Safety Code; (2) not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services; (3) the remaining amount, not to exceed $5 million in prize money in each state fiscal year less any amount deposited in the fund in that year attributable to the lottery game operated under Section 466.027, shall be deposited to the fund for veterans' assistance; and. 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