689 (H.B. 466.401. Aug. 30, 1993. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . Amended by Acts 1997, 75th Leg., ch. 165, Sec. 466.354. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 3, eff. 8.21, eff. (d) With respect to any given prize, the order shall also recite and identify all prior assignments by amount of or fraction of payment assigned, the identity of the assignee, and the date(s) of payment(s) assigned. TAMPERING WITH LOTTERY EQUIPMENT. (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: Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. 2, eff. 4.03(b), eff. 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 107, Sec. Sec. 107, Sec. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . Sept. 1, 1995; Acts 1997, 75th Leg., ch. 6, eff. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 1423, Sec. PREFERENCE FOR TEXAS BUSINESSES. (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. Sec. Sec. Amended by Acts 1995, 74th Leg., ch. Theft. If the director denies an application based on another factor, the director may not refund any part of the application fee. (c) A security officer or investigator employed by the department of security or a peace officer who is working in conjunction with the commission or the Department of Public Safety in the enforcement of this chapter, without a search warrant, may search and seize a lottery vending machine, lottery computer terminal, or other lottery equipment that is located on premises for which a person holds a sales agent license issued under this chapter. Added by Acts 1993, 73rd Leg., ch. (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. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. Sec. (a) Repealed by Acts 2011, 82nd Leg., ch. 6.17, eff. Aug. 30, 1993. Sept. 1, 1995. Sept. 1, 1995. Each of those items is subject to discovery by a person that is the subject of the item. Sec. 7, eff. 76, Sec. SALE OF TICKET AT UNAUTHORIZED LOCATION. Sept. 1, 1995. 466.308. 76, Sec. Sec. 4.03(b), eff. AUDITS. 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. CHAPTER 31. 466.012. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 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. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. 323 (H.B. Aug. 30, 1993. 466.353. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. Sept. 1, 1997. The estimate must be based on reasonable projections and past experience. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 6.39, eff. Sept. 1, 1995. 466.359. Sections 4301-4333), as amended. (In California, for any prize over $350,000, an investigation is automatically launched.) 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. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 466.159. (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. 7(a), eff. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. 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. (e) The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission. Aug. 30, 1993. 993 (H.B. 5.95(94), 6.09, eff. Sec. June 19, 1999. Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 76, Sec. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 107, Sec. 1035, Sec. REVENUE FROM MULTIJURISDICTION LOTTERY. 6.30, eff. 76, Sec. 107, Sec. 6.41, eff. 466.108. 107, Sec. 6.31, eff. 466.355. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. Amended by Acts 1999, 76th Leg., ch. Amended by Acts 1999, 76th Leg., ch. 466.3053. Amended by Acts 2001, 77th Leg., ch. First, Karam has been charged with grand theft. (f) The director may not issue a license to an applicant who fails to certify to the director the applicant's compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. DEMOGRAPHIC STUDIES. 107, Sec. (b) The payment of a prize in an amount of $600 or more may be made only by the director. 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. DEFINITIONS. (b) If a lottery game involves a drawing, the drawing must be open to the public. 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. (d) Except as provided by Subsection (e), a ticket holder forfeits any claim or entitlement to a prize for: (1) an on-line game after the expiration of the 180th day following the draw date; and. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . (c) Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure. (c) Applications for licenses must be available for public inspection during regular office hours. (a) The state lottery account is a special account in the general revenue fund. 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. 466.014. 466.016. 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. (b) In the event of a single payment, the executive director shall deduct from winnings of the prize winner an amount for delinquent child support owed by the prize winner 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. Added by Acts 1993, 73rd Leg., ch. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. (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. Aug. 30, 1993. 626), Sec. 3.01, eff. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 1423, Sec. 3, eff. 466.253 and amended by Acts 1995, 74th Leg., ch. 31.03 (b) (1). September 1, 2013. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 466.405. SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS. Acts 2013, 83rd Leg., R.S., Ch. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . DISPLAY OF LICENSE. Added by Acts 1993, 73rd Leg., ch. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. 466.1005. 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. Sec. Added by Acts 1993, 73rd Leg., ch. (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. 466.015. September 1, 2013. Added by Acts 1993, 73rd Leg., ch. 107, Sec. 5.95(50), 6.24, eff. 1353, Sec. Sept. 1, 1995. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. 1104, Sec. June 19, 2009. 14.760, eff. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. (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. 1, eff. 993 (H.B. Texas Lottery Retailer Support (c) If a claim is not made for a prize other than prize money on or before the 180th day after the date on which the winner was selected, the prize shall revert to the division for use in subsequent games. 626), Sec. (d) The state is discharged of all further liability on the payment of a prize under Section 466.403, 466.404, 466.406, 466.407, or 466.410 or this section or under any additional procedures established by rule. 76, Sec. 107, Sec. 2197), Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 2197), Sec. 466.018. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 107, Sec. Sec. 4.03(b), eff. Sept. 1, 1997. 758), Sec. 2197), Sec. Sept. 1, 2001. 1410 (S.B. 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. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. Renumbered from Sec. 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. 4, eff. 76, Sec. 165, Sec. The director may not issue a license to a person to engage in business exclusively as a sales agent. This chapter may be cited as the State Lottery Act. Sec. 466.104. Renumbered from Sec. 403 (S.B. 2.34, eff. Sept. 1, 1995. 1359 (H.B. Aug. 30, 1993. Sept. 1, 1997. September 1, 2017. Amended by Acts 1995, 74th Leg., ch. Houston police say the display case contained $17,000 in lottery tickets. 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. 4.03(b), eff. Sept. 1, 2003. (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. . (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. 466.317. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. 6.46, eff. (2) an employee or prospective employee of the commission. (b) The commission shall review and must approve all major procurements as provided by commission rule. 1, eff. 107, Sec. 466.156. Code Order (PDF) 11-01-2022; Version 18 Offense . (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, 2001. 141 (H.B. Amended by Acts 1995, 74th Leg., ch. The drawing and inspections must be recorded on video and audio tape. Aug. 30, 1993. 2, eff. 394, Sec. Lottery ticket fraud of this type can be punished under multiple laws. Amended by Acts 1995, 74th Leg., ch. (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. 4.03(b), eff. (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. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. TREATMENT OF PRIZE PAYABLE ON TICKET PURCHASED BY INELIGIBLE PERSON. 4.03(b), eff. There are two instances in which theft is a second-degree felony: The property was worth $150,000 or more but less than $300,000; or; The property was an ATM or its contents or components (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 4.03(b), eff. Sec. APPLICABILITY OF OTHER LAW. GA-0812. (B) the remainder to the foundation school fund. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. Sec. Sec. (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. 3), Sec. (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. The suspension is effective at the time the notice is served. 466.303. 466.106. ANNUAL REPORT. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1999. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. (8) "Player" means a person who contributes any part of the consideration for a ticket. Division employees are specifically exempted from Chapter 654. Search Texas Statutes. (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. probation, fines, restitution to the victim, and; up to 6 months of jail time. Added by Acts 1995, 74th Leg., ch. 1, eff. 76, Sec. 1.51, eff. Product Features: - The full text of the Texas Penal Code. 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. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. Texas State Offense: Gambling Promotion. (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. The acquisition of transmission facilities must be done on a competitive bid basis if possible. Acts 2013, 83rd Leg., R.S., Ch. 6.12, 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. 1153, Sec. 466.103. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. Once your ticket registers as a winning one in the store, the lottery will be alerted. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. The commission shall adopt rules regarding the form and frequency of reports under this subsection. For more information, see Texas Penal Code Section 31.03(e)(4)(B). Added by Acts 1995, 74th Leg., ch. Sec. Acts 2013, 83rd Leg., R.S., Ch. In Texas Penal Code Section 29.02 (a) (1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury to another. Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for: (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and, (B) is alleged to have committed the offense while engaged in lottery activities; or. Aug. 30, 1993. About one in every 50 Texans suffered a 2019 larceny-theft loss. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. Sept. 1, 1995. (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. 4.03(b), eff. 4, eff. (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. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. 466.3051. If notice is served by mail, the sales agent shall immediately return the license to the commission. 466.205. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. (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. 466.160. Sept. 1, 1999. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. TICKETS. (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. Sec. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. Amended by Acts 1995, 74th Leg., ch. (b) An offense under this section is a felony of the third degree. 466.0161. REVIEW BY COMPTROLLER. 76, Sec. (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. 6.22, eff. HB 2757, effective June 15, 2021, amended the Charitable Raffle Enabling Act to increase the allowable value of each purchased prize from $50,000 to $75,000 and the allowable number of raffles that may be held per calendar year from two to four. 66, eff. 1, 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. Sept. 1, 1995. 466.403. COMPREHENSIVE BUSINESS PLAN. 5.95(14), 6.13, eff. Sept. 1, 1995; Acts 1997, 75th 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. Recent Changes to the Laws. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. 76, Sec. (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. (f) The commission may adopt rules necessary to administer this section. 3560), Sec. 458, Sec. 466.4075. 6(a), eff. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. Sec. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. (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. 466.101. (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. Sec. 6, eff. Amended by Acts 1995, 74th Leg., ch. (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. 198, Sec. 6.38, eff. 466.358. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. September 1, 2013. The commission shall provide for a formal administrative hearings process. June 17, 2011. 466.351. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. (c) The commission may adopt rules governing the establishment and operation of the lottery, including rules governing: (1) the type of lottery games to be conducted; (3) the number of winning tickets and amount of the prize paid on each winning ticket; (4) the frequency of the drawing or selection of a winning ticket; (5) the number and types of locations at which a ticket may be sold; (6) the method to be used in selling a ticket; (7) the use of vending machines or electronic or mechanical devices of any kind, other than machines or devices that dispense currency or coins as prizes; (8) the manner of paying a prize to the holder of a winning ticket; (9) the investigation of possible violations of this chapter or any rule adopted under this chapter; (10) the means of advertising to be used for the lottery; (11) the qualifications of vendors of lottery services or equipment; (12) the confidentiality of information relating to the operation of the lottery, including: (B) security measures, systems, or procedures; (D) bids or other information regarding the commission's contracts, if disclosure of the information would impair the commission's ability to contract for facilities, goods, or services on terms favorable to the commission; (E) personnel information unrelated to compensation, duties, qualifications, or responsibilities; and. 107, Sec. 6, eff. Aug. 30, 1993. Sept. 1, 1997. RULES. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. 1, eff. (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. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. the person has previously been convicted of an offense under Section 466.306 (Forgery; Alteration of Ticket), 466.307 (Influencing Selection of Winner), 466.309 (Tampering With Lottery Equipment), 466.310 (Certain Transfers of Claims), or this section, in which event the offense is a felony of the third degree, unless the offense is designated . FRAUD. Added by Acts 1993, 73rd Leg., ch. (4) enforcement of prohibitions on a person playing a lottery game by telephone. Sept. 1, 1995. 59), Sec.
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