In this chapter: (1) "Commission" means the Texas Lottery Commission. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. Larceny of tickets; fraudulent notification of prizes; penalty. June 14, 2013. (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 . 6.37, eff. (d) The director shall give an applicant or sales agent written notice of a denial of an application or a suspension or revocation of a license. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. (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. The severity of the penalty depends on the dollar amount of . (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. Amended by Acts 1999, 76th Leg., ch. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. Sec. 466.0161. REVIEW BY COMPTROLLER. 4.03(b), eff. Counterfeit and Altered Tickets. Amended by Acts 1995, 74th Leg., ch. (f) A certified copy of a court order granted under this section shall be delivered to the commission and such order must be provided to the commission no later than 20 days prior to the date upon which the first assigned payment is to be paid to the assignee. 76, Sec. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Sec. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 6.02, eff. (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. Acts 2013, 83rd Leg., R.S., Ch. Aug. 30, 1993. Added by Acts 2009, 81st Leg., R.S., Ch. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. 107, Sec. 466.203. 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. 51, eff. OFFENSES AGAINST PROPERTY. (b) An offense under this section is a felony of the third degree. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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 . 190 (H.B. 76, Sec. Refreshed: 2021-06-07 Penal Code 459.5 PC defines the California crime of "shoplifting" as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less.PC 459.5 shoplifting is a misdemeanor punishable by. Acts 2003, 78th Leg., ch. 466.108. TITLE 7. Sept. 1, 1999. Sept. 1, 1995. 466.001. (a) A person commits an offense if the person intentionally or knowingly sells a ticket and the person accepts anything other than the following as payment for the ticket: (2) a negotiable instrument in the form of a check that meets the requirements of Section 3.104, Business & Commerce Code; (3) a debit made through a financial institution debit card; (4) a coupon or voucher issued by the commission for purposes of purchasing a lottery ticket; or. (c) At the preliminary hearing, the sales agent must show cause why the license should not remain suspended pending a final hearing on suspension or revocation. 1, eff. EXEMPTION FROM TAXATION. The executive director shall reimburse the department for the actual cost of an investigation. Amended by Acts 1995, 74th Leg., ch. Sec. 1, eff. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. Acts 2007, 80th Leg., R.S., Ch. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. 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. Amended by Acts 2001, 77th Leg., ch. 993 (H.B. Section 12101 et seq.). 626), Sec. Theft. 107, Sec. 76, Sec. 4.03(b), eff. 2, eff. 4, eff. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. Sept. 1, 2003. Aug. 30, 1993. SALE OF TICKET ON CREDIT. The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal. Sec. (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. FORGERY; ALTERATION OF TICKET. (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. 4.03(b), eff. Texas Penal Code Sec. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2005, 79th Leg., Ch. (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. 22990010 burglary of bldng enter/conceal intnd theft cs 30.02(c-1)(2) pc f3 22990011 burglary of vehicles 30.04(d) pc ma . Menu. (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. 466.410. 394, Sec. ENFORCEMENT. Amended by Acts 1995, 74th Leg., ch. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. 76, Sec. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. 62, Sec. 466.4001. 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. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 466.303. 1275, Sec. Sec. 76, Sec. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 1385 (S.B. Aug. 30, 1993. CERTAIN TRANSFERS OF CLAIMS. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. A license may not be transferred or assigned to any other person or location. Sept. 1, 1997. Sec. Id. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. 107, Sec. (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 19, 2009. Aug. 30, 1993. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Sec. On July 19 at 3:00 am . 4, eff. Sept. 1, 1995. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; The executive director is not required to receive the court order, the writ of withholding, or notice of child support lien until the executive director determines there is a periodic installment prize to which the prize winner is entitled. Sec. (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. (3) the assignor provides a sworn and notarized affidavit stating that the assignor: (A) is of sound mind, over 18 years of age, is in full command of the person's faculties, and is not acting under duress; (B) is not delinquent in payment of child support under a court or administrative order issued in this state or another state; (C) has been advised regarding the assignment by independent legal counsel and has had the opportunity to receive independent financial and tax advice concerning the effects of the assignment; (D) understands that the assignor will not receive the prize payments, or portions of the prize payments, for the assigned years; (E) understands and agrees that with regard to the assigned payments, the state, the commission, and its officials and employees will have no further liability or responsibility to make the assigned payments to the assignor; (F) has been provided a one-page written disclosure statement stating, in boldfaced type, 14 points or larger: (i) the payments being assigned, by amounts and payment dates; (ii) the purchase price being paid, if any; (iii) if a purchase price is paid, the rate of discount to the present value of the prize, assuming daily compounding and funding on the contract date; and, (iv) the amount, if any, of any origination or closing fees that will be charged to the assignor; and. HB 2168, effective June 8, 2021, amended the Professional Sports Team . (d) A party who is aggrieved by the commission's resolution of a protest under Subsection (c) may file an action in the district court of Travis County. (B) the convenience of players and holders of winning tickets. 466.157. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (2) a power granted to the comptroller may be exercised by the commission. 1, eff. 2, eff. 506 (S.B. September 1, 2009. 466.017. 4.03(b), eff. 4.03(b), eff. EXPIRATION OF LICENSE; RENEWAL. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. The procedures must be for the purpose of ensuring fairness and integrity. 76, Sec. 2197), Sec. Sept. 1, 1997. 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. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. 466.354. 3, eff. An offender can also receive enhanced penalties for preventing or . 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. This app contains statutes current with the 87th Legislature. 76, Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. AMBER ALERT. 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. 107, Sec. The court shall give preference to hearings and trials of actions under this section. 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. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. For purposes of this subsection, the . Sept. 1, 1999. 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. (a) A specific prize as set forth by the prize structure of a specific lottery game may not be paid more than once. (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. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. (f) The commission may adopt rules necessary to administer this section. 466.027. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. Sept. 1, 1997. 76, Sec. 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 . Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. Sept. 1, 1995; Acts 1997, 75th Leg., ch. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. Added by Acts 1997, 75th Leg., ch. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. (4) "Executive director" means the executive director of the commission. Amended by Acts 1995, 74th Leg., ch. 6.22, eff. 466.253 and amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. June 19, 2009. 5.95(14), 6.13, eff. 141 (H.B. Amended by Acts 1995, 74th Leg., ch. 466.405. Sec. Sept. 1, 1995. 6.48, eff. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. 2, eff. 4.03(b), eff. (a) The department of security shall supervise ticket validation and lottery drawings. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 1, eff. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 74, Sec. LIABILITY OF SALES AGENT. Added by Acts 1993, 73rd Leg., 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. The executive director shall appoint a deputy to administer the department. 76, Sec. June 7, 2019. 689 (H.B. UNCLAIMED PRIZES. AUDITS. Aug. 30, 1993. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. 4.03(b), eff. Sec. 442), Sec. 4.03(b), eff. GA-0812. 466.3012. (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. Petty theft is a misdemeanor punishable by. (c) At a hearing, an applicant or sales agent must show by a preponderance of the evidence why the application should not be denied or the license suspended or revoked. 1655), Sec. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. IMMUNITY; CIVIL ACTIONS. Added by Acts 1993, 73rd Leg., ch. (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. 687, Sec. 107, Sec. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. (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. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. 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. 466.204. (b) An offense under this section is a Class A misdemeanor. Search Texas Statutes. Sept. 1, 1995. Added by Acts 2003, 78th Leg., ch. 4.03(b), eff. (a) A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to: (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery. 4.03(b), eff. Sept. 1, 2001. 1, eff. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. (2) fails to maintain or make an entry the person knows is required to be maintained or made. Sec. 466.004. (b) A district court shall issue an order approving a voluntary assignment and directing the commission to direct prize payments in whole or in part to the assignee if: (1) a copy of the petition for the order and copies of all notices of any hearing in the matter have been served on the executive director not later than 20 days prior to any hearing or entry of any order. 5(a), eff. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. (c) Applications for licenses must be available for public inspection during regular office hours. (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. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. Sept. 1, 1995. 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 . 466.026. Tex. 6, eff. The commission shall adopt rules governing the competitive bidding process. Acts 2013, 83rd Leg., R.S., Ch. 466.402. Amended by Acts 1995, 74th Leg., ch. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. 58.1-4018.1. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. Sec. (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. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 31.03 (b) (1). If charged as a felony, the crime can be punished by 16 months to 3 years in prison. (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. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. VENUE. An independent certified public accountant must witness the drawing. 678, Sec. - Real-time section number search. Aug. 30, 1993. (b) If a lottery game involves a drawing, the drawing must be open to the public. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. 107, Sec. 6(a), eff. 1, eff. 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. Sept. 1, 1995. 17.19(5), eff. 431 (S.B. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. 107, Sec. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. 1555), Sec. 6.31, eff. Renumbered from Sec. Sept. 1, 1995. 4.03(b), eff. 6.07, eff. 107, Sec. Below are some of the library resources that can provide further guidance on this topic. TAMPERING WITH LOTTERY EQUIPMENT. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 4.03(b), eff. (b) In addition to commission records excepted from disclosure under Chapter 552, the following information is confidential and is exempt from disclosure: (1) security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; (2) information of a nature that is designed to ensure the integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; (3) the street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and. 1, eff. Sec. (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. Sec. Sec. Aug. 30, 1993. Sec. (4) enforcement of prohibitions on a person playing a lottery game by telephone. 165, Sec. 689 (H.B. 107, Sec. Amended by Acts 1995, 74th Leg., ch. LICENSE APPLICATION; FEE. About one in every 50 Texans suffered a 2019 larceny-theft loss. Aug. 30, 1993. 394, Sec. (e) The court order shall include specific findings as to compliance with the requirements of Subsections (b), (c), and (d) and shall specify the prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, and the name of the prize winner as it appears on the lottery claim form. Aug. 30, 1993. 76, Sec. 1. 466.3054. 107, Sec. (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. 6.29, eff. (c) It is no defense to prosecution for conspiracy under this section that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or. 713 (S.B. 4.03(b), eff. Sept. 1, 1995. Sept. 1, 1999. (b) A lottery operator may sell tickets to a sales agent. Sept. 1, 1995. 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