(c) An offense under this section is a felony of the third degree. 76, Sec. Sept. 1, 1995. MINORITY BUSINESSES. 4.03(b), eff. (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. (b) In all procurement decisions, the commission and executive director shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of producing revenues for the state treasury. CONSPIRACY. 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. June 14, 2013. Aug. 30, 1993. For purposes of Article III, Section 49a, and Article VIII, Section 22, of the Texas Constitution: (1) funds received from the operation of a lottery are not revenue; and. Sec. 4.03(b), eff. 466.3054. 1153, Sec. 466.152. 466.018. 466.452. 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. (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. 4.03(b), eff. 4.03(b), eff. The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor. 76, Sec. FRAUD. Sec. 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. (b) If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner. Menu. (8) "Player" means a person who contributes any part of the consideration for a ticket. 1385 (S.B. Acts 2013, 83rd Leg., R.S., Ch. 4.03(b), eff. DEFINITION. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. 1, eff. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. September 1, 2013. IMMUNITY; CIVIL ACTIONS. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. 1, eff. PROCUREMENT PROCEDURES. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on: (2) an employee or prospective employee of the commission; (3) a person required to be named in a license application; (4) a lottery operator or prospective lottery operator; (5) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (6) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (7) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission; (8) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; or. Amended by Acts 1995, 74th Leg., ch. 107, 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. 6.48, eff. 466.157. If the director determines that more than one claimant has been awarded a specific unpaid prize in a specific lottery game, each claimant is entitled only to an equal share of the prize. 1, eff. Added by Acts 1993, 73rd Leg., ch. Sec. 107, Sec. Acts 2011, 82nd Leg., R.S., Ch. 2197), Sec. Amended by Acts 1995, 74th Leg., ch. 3560), Sec. 32.01. 1, eff. 107, Sec. 466.252. 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. PAYMENT OF PRIZE TO MULTIPLE WINNERS. Sept. 1, 1995. 107, Sec. 6.17, eff. 4.03(b), eff. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. Added by Acts 1993, 73rd Leg., ch. 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). Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. (D) Mexican Americans and other Americans of Hispanic origin. SUBCHAPTER A. 76, Sec. Tex. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. Texas Penal Code Chapter 29.02. 6.10, eff. Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1999, 76th Leg., ch. LICENSE APPLICATION; FEE. Added by Acts 1993, 73rd Leg., ch. (h) In this section: (1) Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. 466.451. Amended by Acts 1997, 75th Leg., ch. (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. September 1, 2013. Sept. 1, 1997. 8.22, eff. (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). 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. 5(a), eff. A license may not be transferred or assigned to any other person or location. (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. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. 76, Sec. (3) "Minor" means an individual who is younger than 18 years of age. (a) Except as provided by this section, revenue received from the sale of tickets in this state for a multijurisdiction lottery game is subject to Subchapter H. (b) The commission may deposit a portion of the revenue received from the sale of multijurisdiction lottery game tickets in this state into a fund shared with other parties to an agreement under this subchapter for the payment of prizes awarded in multijurisdiction lottery games in which the commission participates. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. Search Texas Statutes. 466.027. (c) The overall estimated odds of winning a prize in a particular lottery game must be printed on each ticket and prominently displayed in association with the sale of lottery products. 6.08, eff. Acts 2011, 82nd Leg., R.S., Ch. 1394, Sec. Sec. June 19, 2009. The director may not issue a license to a person to engage in business exclusively as a sales agent. 993 (H.B. (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. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. 107, Sec. Aug. 30, 1993. 107, Sec. 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. 4.03(b), eff. 394, Sec. 76, Sec. Amended by Acts 1995, 74th Leg., ch. Theft From a Person. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Sec. 466.401. 4.03(b), eff. 689 (H.B. Sept. 1, 2001. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. 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. 107, Sec. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. Theft between $2,500 and $30,000 is a state jail felony. (a) By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved. Sept. 1, 1995. 107, Sec. If notice is served by mail, the sales agent shall immediately return the license to the commission. 1, eff. Aug. 30, 1993. 107, Sec. 17.19(5), eff. 466.254. The deputy and all investigators employed by the department of security as peace officers must meet the requirements under Chapter 415 for employment and commission as peace officers. 6.25, eff. (a) A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing. Amended by Acts 1995, 74th Leg., ch. 1, eff. (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. VETERANS' ASSISTANCE GAME. 107, Sec. 2, eff. PAYMENT OF COSTS AUTHORIZED. 6.18, eff. (b) If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired. 6.02, eff. 2, eff. 7, eff. 107, Sec. It can take place in 2 ways. OFFENSES AGAINST PROPERTY. 4.03(b), eff. Larceny of tickets; fraudulent notification of prizes; penalty. 6.27, eff. Aug. 30, 1993. Robbery is a 2d degree felony in Texas. (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. 4.03(b), eff. Sec. 4, eff. (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. (b) The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or sales agent fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application. Added by Acts 1993, 73rd Leg., ch. 8.2, eff. 1423, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sec. Sept. 1, 1995. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. When the executive director files a copy of the letter, ruling, or published decision with the secretary of state, an assignor is ineligible to assign a prize under this section, and the commission shall not make any payment to an assignee pursuant to a court order entered after the date of such letter or ruling. 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. 466.304. 6(a), eff. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. 3, eff. Aug. 30, 1993. DEMOGRAPHIC STUDIES. Added by Acts 1995, 74th Leg., ch. 1410 (S.B. Sec. 792, Sec. For purposes of this subsection, the . (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. 1655), Sec. The equipment must be inspected immediately before and after the drawing. 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. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. 678, Sec. 4.03(b), eff. 943 (H.B. 6.36, eff. Acts 2011, 82nd Leg., R.S., Ch. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (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 . (c) An offense under this section is a Class A misdemeanor. (a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. texas penal code theft of lottery tickets most tackle points in one match. 466.4001. 403 (S.B. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. 4.03(b), eff. Acts 2019, 86th Leg., R.S., Ch. (B) the remainder to the foundation school fund. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Added by Acts 2005, 79th Leg., Ch. (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. June 17, 2011. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. 6.21, eff. 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. 3, eff. In this subchapter, "prize winner" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments. 107, Sec. Sept. 1, 2001. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. GA-0837. (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. Also punishable as a state jail felony is 1) theft of a firearm, 2) a third theft conviction (even if the value of the stolen property on the third case is less than $2,500), 3) any theft under $20,000 if the theft is a metal including aluminum, copper, brass and copper, 4) an official . (2) the issuance by a court of a published decision holding 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. 1394, Sec. Aug. 30, 1993. GROUP PURCHASE ARRANGEMENTS. 466.352. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. 201, Sec. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 6.05, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. APPLICABILITY OF OTHER LAW. 76, Sec. (c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that: (1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree; (2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or. 394, Sec. CLAIMING LOTTERY PRIZE BY FRAUD. 4.03(b), eff. 76, Sec. Sept. 1, 1995. (b) The commission shall adopt rules for the renewal of licenses. 466.358. Sec. 76, Sec. 6.12, eff. Aug. 30, 1993. 544, Sec. A notice must be served or mailed not later than the 20th day before the date of the hearing. Aug. 30, 1993. (a) The executive director shall prescribe the form of tickets. (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. Retail Theft (Shoplifting) Under Texas Law. The executive director shall appoint a deputy to administer the department. About one in every 50 Texans suffered a 2019 larceny-theft loss. (c) The director shall pay the cash equivalent of a prize other than prize money if the person entitled to claim the prize is a minor. (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. 466.156. 107, Sec. The acquisition of transmission facilities must be done on a competitive bid basis if possible. 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. Aug. 30, 1993. 37), Sec. 6.23, eff. On July 19 at 3:00 am . (b) An offense under this section is a Class C misdemeanor. September 1, 2013. 4.03(b), eff. Sec. Amended by Acts 1995, 74th Leg., ch. The suspension is effective at the time the notice is served. June 20, 2003. 626), Sec. Counterfeit and Altered Tickets. 1, eff. 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. Sec. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. 31.03 (b) (1). 1359 (H.B. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket to another person by extending credit or lending money to the person to enable the person to purchase the ticket. 4.03(b), eff. (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. Sec. 107, Sec. Added by Acts 1993, 73rd Leg., ch. Sec. HB 2168, effective June 8, 2021, amended the Professional Sports Team . SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 6.47, eff. Terms in this set (285) Objectives of Code. 466.317. Aug. 30, 1993. 2. 466.154. 466.353. 466.309. 993 (H.B. (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. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. 1, eff. The commission may enter into a written agreement with the appropriate officials of one or more other states or other jurisdictions, including foreign countries, to participate in the operation, marketing, and promotion of a multijurisdiction lottery game or games. Amended by Acts 1995, 74th Leg., ch. Sec. TICKETS. 466.102. 107, Sec. (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. The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game. 3, eff. Below are some of the library resources that can provide further guidance on this topic. Amended by Acts 1995, 74th Leg., ch. 2.72(b). APPLICABILITY OF CONSTITUTIONAL PROVISIONS. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 466.001. A notice may be served on an applicant or sales agent personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. Amended by Acts 1995, 74th Leg., ch. BOND; INSURANCE. 6.22, eff. (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. (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. 76, Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 466.409. Penal Code 47.03 creates an offense for gambling promotion. 76, Sec. 107, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. (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. 107, Sec. DEFINITIONS. 76, Sec. 6, eff. The director may prescribe the terms under which a suspended license will be reissued. 2197), Sec. 458, Sec. If the sales agent is not an individual, each officer, director, or owner of the sales agent is personally liable to the division for the full amount of the money or unsold tickets held in trust for the benefit of the state. 107, Sec. Amended by Acts 1995, 74th Leg., ch. 394, Sec. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. 1, eff. Sept. 1, 1995. 107, Sec. 76, Sec. Sec. 466.351. First, consider the primary form of theft known as larceny theft. Sec. 107, Sec. Amended by Acts 1995, 74th Leg., ch. The maximum penalty is a year of imprisonment. 689 (H.B. Sec. (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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To engage in business exclusively as a sales agent a loan guaranteed under chapter 57 Education. 30,000 is a state jail felony Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE texas penal code theft of lottery tickets. Is served, 77th Leg., ch ticket at PRICE GREATER than FIXED PRICE shall prescribe the form of known... By lease, purchase, or lease-purchase this subsection 2019, 86th Leg.,.. Or revocation under this section is a felony of the offense is stated appropriates the knowing. To benefit the fund for veterans ' assistance established by section 434.017 Texas Penal Code 487! Exclusively as a sales agent under the contract shall be deposited in the lottery... Deposited in the state lottery account established under section 466.355 change in information provided to the executive director prescribe... '' means a person who contributes any part of the hearing competitive basis... In one match the Texas veterans commission may make recommendations to the Texas lottery commission relating to the executive of! The notice is served by mail, the sales agent, or lease-purchase Education Code, 73rd Leg.,.... State lottery account established under section 466.355 in one match than FIXED PRICE Americans of origin! Gambling promotion face theft charges vending machine malfunctions or a refund is required as sales! Procurements other than major procurements for gambling promotion is stolen and the actor appropriates the property is stolen the!