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. 466.302. 2509), Sec. June 19, 2009. Acts 2017, 85th Leg., R.S., Ch. 107, Sec. 6(a), 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 SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. DEFINITIONS. (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. 993 (H.B. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. FORGERY; ALTERATION OF TICKET. Sec. BOND; INSURANCE. TAMPERING WITH LOTTERY EQUIPMENT. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. FRAUD. Added by Acts 1993, 73rd Leg., ch. Second-Degree Felony Theft. -To insure the public safety through: (A) the deterrent influence of the penalties. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract. Retailer fails to monitor the machine as required to prevent sales to minors. (In California, for any prize over $350,000, an investigation is automatically launched.) (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. (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. (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or. 6.46, eff. Aug. 30, 1993. Sec. 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. 6.39, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 2, eff. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 466.3052. 466.317. (2) expenses of operating the lottery and paying prizes are not expenses of state government. 466.306. Sept. 1, 1995. Code Order (PDF) 11-01-2022; Version 18 Offense . texas penal code theft of lottery tickets. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. Aug. 30, 1993. 592, Sec. (b) An offense under this section is a Class A misdemeanor. This app contains statutes current with the 87th Legislature. PUBLICITY OF INDIVIDUALS PROHIBITED. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. 993 (H.B. June 17, 2005. (c) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age. Sept. 1, 1997. An offense under this section is a Class A misdemeanor. 107, Sec. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Larceny of tickets; fraudulent notification of prizes; penalty. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . Counterfeit and Altered Tickets. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). - Real-time section number search. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. 76, Sec. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. (a) The executive director shall maintain a department of security in the commission. (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. Refreshed: 2021-06-07 Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 2197), Sec. Aug. 30, 1993. 76, Sec. 5(a), eff. 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. (a) A person commits an offense if the person, in a license application, in a book or record required to be maintained by this chapter or a rule adopted under this chapter, or in a report required to be submitted by this chapter or a rule adopted under this chapter: (1) intentionally or knowingly makes a statement or entry that the person knows to be false or misleading; or. 31.03 (b) (1). 76, Sec. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. COMPENSATION OF SALES AGENT. 107, Sec. (B) the convenience of players and holders of winning tickets. 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. Added by Acts 1993, 73rd Leg., ch. (e) An offense under Subsection (a) is a Class C misdemeanor. 466.014. 107, Sec. 4.03(b), eff. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 544, Sec. 696, Sec. 6.05, eff. 76, Sec. Aug. 30, 1993. (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. (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. Lottery ticket fraud can be punished under several California laws. (4) the balance, after creation of a reserve sufficient to pay the amounts needed or estimated to be needed under Subdivisions (1) through (3), to be transferred on or before the 15th day of each month as follows: (A) the portion of the balance attributable to the lottery game operated under Section 466.027 to the fund for veterans' assistance established by Section 434.017; and. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 2197), Sec. Amended by Acts 1995, 74th Leg., ch. An offender can also receive enhanced penalties for preventing or . If charged as a felony, the crime can be punished by 16 months to 3 years in prison. 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. (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. Theft is a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000, 10 or more head of . Sec. 8, eff. 2, eff. Sept. 1, 1995. THEFT. 466.027. (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). (3) causes bodily injury to another person or threatens or places another person in fear of imminent . The full language of the code section reads: 2197), Sec. The director may prescribe the terms under which a suspended license will be reissued. 466.312. 4.03(b), eff. 6.26, eff. Sec. 1104, Sec. (c) An offense under this section is a felony of the third degree. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. 466.021. 4.03(b), eff. (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. (f) The commission may adopt rules necessary to administer this section. 1423, Sec. (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. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. (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. (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 15, 2001. If the assignor is married and the sworn and notarized statement is not presented to the court, the court shall determine, to the extent necessary and as appropriate under applicable law, the ability of the assignor to make the proposed assignment without the spouse's consent. Sept. 1, 1997. Sept. 1, 1995. 4.03(b), eff. Tex. This subsection does not require a commission member to sign the contract. The study must include the income, age, sex, race, education, and frequency of participation of players. (a) A specific prize as set forth by the prize structure of a specific lottery game may not be paid more than once. 1, eff. The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report. GA-0812. 4.03(b), eff. (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. Sec. 107, Sec. (a) Repealed by Acts 2011, 82nd Leg., ch. CONSPIRACY. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 201, Sec. 76, Sec. (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. Sept. 1, 1995. (c) For purposes of this section, the amount of a lottery prize is the total amount of prize money paid to a prize winner for a single lottery prize claim, whether paid in one payment or in periodic installments, before deducting any federal tax withholdings or other deductions required by law. 2, eff. 466.305. Sec. 466.205. 592, Sec. (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. 1, eff. 76, Sec. 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 commission by rule shall establish the procedures for depositing money from ticket sales into electronic funds transfer accounts, as well as other procedures regarding the handling of money from ticket sales. 2. 107, Sec. May 26, 2017. 4.03(b), eff. 4.03(b), eff. Sec. (e) At least once every two years, the executive director shall employ an independent firm that is experienced in security, including computer security and systems security, to conduct a comprehensive study of all aspects of lottery security, including: (3) lottery operator and vendor security; (4) security against ticket counterfeiting and alteration and other means of fraudulent winning; (6) lottery computer, data communications, database, and systems security; (7) lottery premises and warehouse security; (8) security of distribution of tickets; (9) security of validation and payment procedures; (10) security involving unclaimed prizes; (11) security aspects of each lottery game; (12) security against the deliberate placement of winning tickets in lottery games that involve preprinted winning tickets by persons involved in the production, storage, transportation, or distribution of tickets; and. 466.154. HB 2168, effective June 8, 2021, amended the Professional Sports Team . 466.1005. 1178, Sec. Section 12101 et seq.). Sept. 1, 1997. (e) No organization that would otherwise be eligible to receive funds from the state lottery account attributable to any lottery game authorized by this section may receive any such funds if it conducts illegal gambling or the illegal operation of gambling devices as defined by Chapter 47, Penal Code, or allows illegal gambling or the illegal operation of gambling devices to be conducted on its property or in its facilities. 466.313. September 28, 2011. Sections 4301-4333), as amended. 4.03(b), eff. Sept. 1, 1995. 3, eff. 8.21, eff. 466.101. 466.3012. June 15, 2001; Acts 2003, 78th Leg., ch. 76, Sec. (b) Payment of prize payments not previously assigned as provided by this section or Section 466.410 shall be made to the estate of a deceased prize winner if the prize winner was an individual. The applicant or sales agent shall notify the director of the change in the information not later than the 10th day after the date of the change. The procedures must be for the purpose of ensuring fairness and integrity. 1, eff. June 17, 2011. Added by Acts 1993, 73rd Leg., ch. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. 559), Sec. For purposes of this subsection, the . 107, Sec. Amended by Acts 1997, 75th Leg., ch. 107, Sec. 466.160. Renumbered from Sec. EXPIRATION OF LICENSE; RENEWAL. (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. Acts 2017, 85th Leg., R.S., Ch. (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. (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. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. (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. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. 6.35, eff. (b) This section does not waive any immunity of the commission or this state. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. Under Penal Code 31.03(e)(4)(B), theft from a person of another - or from a human corpse or grave - is a state jail felony punishable by up to two years in state jail and up to a $10,000 fine. 506 (S.B. 466.155. 466.311. 6.38, eff. 466.157. 8, eff. Aug. 30, 1993. 6.09, eff. (a) The commission is entitled to conduct an investigation of and is entitled to 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) a sales agent or an applicant for a sales agent license; (2) a person required to be named in a license application; (3) a lottery operator or prospective lottery operator; (4) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (5) 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; (6) 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, if the amount of the bid or proposal exceeds $500; (7) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (8) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission; or. 6.40, eff. (a) This section applies only to a prize that is awarded by the director under Section 466.402(b), including a prize paid in periodic installments. Sept. 1, 2003. Sec. 6.31, eff. 466.156. Texas Lottery Retailer Support (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. 6.47, eff. 6.11, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 6.12, eff. 4.03(b), eff. (3) change the design or theme of the game regularly to ensure that the game remains competitive with other instant-ticket lottery games offered by the commission. The term does not include an assignee of a lottery prize. 1104, Sec. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. PAYMENT OF COSTS AUTHORIZED. 5.95(83), (94), 6.04, eff. Sept. 1, 1995. 5, eff. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . 1394, Sec. The drawing and inspections must be recorded on video and audio tape. (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. 466.103. 59), Sec. 76, Sec. 3, eff. Books Available from the State Law Library. (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. (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. Sept. 1, 1999. Aug. 30, 1993. 107, Sec. 626), Sec. 4.03(b), eff. 107, Sec. Added by Acts 1993, 73rd Leg., ch. 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