ASSIGNMENT OF PRIZES. (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). 1, eff. 4.03(b), eff. 466.406. (a) A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game. SALE OF TICKET BY UNAUTHORIZED PERSON. 107, Sec. Aug. 30, 1993. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. 1, eff. Sec. June 19, 1999. Under Texas law, ( Penal Code 47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. Sept. 1, 1999; Acts 2001, 77th Leg., ch. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. BOND; INSURANCE. Sept. 1, 1995; Acts 1999, 76th Leg., ch. probation,; fines, restitution and; up to 6 months in county jail. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sec. 1655), Sec. 466.409. 6.40, eff. 1, eff. Sec. AMBER ALERT. 993 (H.B. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. Texas Penal Code Chapter 29.02. 1, eff. 76, Sec. 466.026. SHORT TITLE. Added by Acts 1993, 73rd Leg., ch. 107, Sec. 466.305. 4.03(b), eff. 2, eff. 431 (S.B. (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. 8.2, eff. Amended by Acts 1995, 74th Leg., ch. 466.203. EXEMPTION FROM TAXATION. (a) Subject to Subsection (b), a natural person who is a prize winner of a lottery prize in an amount equal to $1 million or more, or who is an owner of a beneficial interest in a legal entity that is a prize winner of a lottery prize in an amount equal to $1 million or more, may on the date the winner claims the prize choose to remain anonymous and prohibit all personally identifiable information from being released to the public. 993 (H.B. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. 678, Sec. 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; (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal. Aug. 30, 1993. CONSPIRACY. Aug. 30, 1993. (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. 18.21, 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. 442), Sec. 6.12, eff. 165, Sec. (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. DISPLAY OF LICENSE. Aug. 30, 1993. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (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. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. (a) The division shall retain an unclaimed prize on a winning ticket for payment or delivery to the person entitled to the prize for 180 days after the date on which the winner was selected. 1963), Sec. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Added by Acts 1993, 73rd Leg., ch. 6.01, eff. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. (e) An offense under Subsection (a) is a Class C misdemeanor. First, Karam has been charged with grand theft. 696, Sec. Sec. 1655), Sec. Sept. 1, 1995. (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. 7, eff. Sec. 198, Sec. 5, eff. June 17, 2011. (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. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sec. 76, Sec. PAYMENT OF PRIZE AWARDED TO MINOR. (b) The state may enter into a compact with another state or state government or an Indian tribe or tribal government to permit the sale of lottery tickets of this state in the state's, tribe's, or government's jurisdiction and to allow the sale of the state's, tribe's, or government's lottery tickets in this state. Sec. 3), Sec. 466.256. 107, Sec. 626), Sec. Aug. 30, 1993. 626), Sec. 107, Sec. 4, eff. Sept. 1, 1995. (D) the director of the lottery division of the Texas Lottery Commission. The commission may adopt rules relating to a multijurisdiction lottery game or games. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 4.03(b), eff. Acts 2013, 83rd Leg., R.S., Ch. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. 466.020. 466.153. Sept. 1, 2001. Larceny of tickets; fraudulent notification of prizes; penalty. COMPENSATION OF SALES AGENT. Sec. 466.310. Aug. 30, 1993. 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. Theft between $2,500 and $30,000 is a state jail felony. CONFIDENTIAL INFORMATION. 4.03(b), eff. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . 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. (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. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 76, Sec. 4.03(b), eff. 466.452. GROUP PURCHASE ARRANGEMENTS. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. June 17, 2011. If an individual listed in Section 466.254 purchases a ticket or claims or otherwise attempts to collect or receive a lottery prize or a share of a lottery prize or an individual younger than 18 years of age directly purchases a ticket, the individual is not eligible to receive a prize or share of a prize, and the prize or share of a prize otherwise payable on the ticket is treated as an unclaimed prize as provided by Section 466.408. (3) the person has previously been convicted of an offense under Section 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2). (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. 2. Sept. 1, 1995. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or. (b-1) Notwithstanding Subsection (b), if the legislature appropriates money from the general revenue fund to the programs described by Subsection (b) in an amount equal to the maximum amount of money that could be appropriated from unclaimed prize money to those programs under that subsection, all unclaimed prize money must be deposited to the credit of the foundation school fund. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. 6, eff. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1995, 74th Leg., ch. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. June 19, 2009. 8.21, eff. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. 993 (H.B. First, consider the primary form of theft known as larceny theft. A. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. 4.03(b), eff. Aug. 30, 1993. 6.11, eff. This chapter may be cited as the State Lottery Act. LIABILITY OF SALES AGENT. 466.157. 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. (4) a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Subdivision (1), (2), or (3). For more information, see Texas Penal Code Section 31.03(e)(4)(B). Added by Acts 1993, 73rd Leg., ch. 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. PROHIBITED ADVERTISEMENTS. 76, Sec. (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. (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. LIQUIDATED DAMAGES; PERFORMANCE BOND. (2) "Director" means the director of the division. 76, Sec. 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 . 403 (S.B. 107, Sec. Sept. 1, 1995. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Aug. 30, 1993. 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. 466.160. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) Theft. SUMMARY SUSPENSION OF LICENSE. 2, eff. AUDITS. 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. (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. 1104, Sec. 466.108. The notice must state the alleged violations that constitute grounds for summary suspension. (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. 466.110. 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. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. 76, Sec. (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. (c) Applications for licenses must be available for public inspection during regular office hours. Refreshed: 2021-06-07 Added by Acts 1993, 73rd Leg., ch. 2, eff. Sept. 1, 2001. 466.253 and amended by Acts 1995, 74th Leg., ch. 1.02, eff. (j) After receiving a letter or ruling from the Internal Revenue Service or a published decision of a court as provided by Subsection (i)(1) or (2), the executive director shall immediately file a copy of the letter, ruling, or published decision with the secretary of state. Sec. 107, Sec. (5) has violated this chapter or a rule adopted under this chapter. 1394, Sec. 14.760, eff. 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. 1, eff. 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. (2) an instant game after the expiration of the 180th day following the official "end of game" as determined by the commission. The full language of the code section reads: Sec. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. (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. Sept. 1, 2001. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 466.109. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. (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. 466.028. 4, eff. Product Features: - The full text of the Texas Penal Code. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The investments may be in securities, annuities, or other instruments as determined by the comptroller. (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. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 2.34, eff. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. 466.027. Sept. 1, 1995. 37), Sec. Acts 2009, 81st Leg., R.S., Ch. (h) An assignment pursuant to court order may not include or cover payments or portions of payments that are subject to any offset provided by this chapter. 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. June 15, 2001. The commission shall adopt rules regarding the form and frequency of reports under this subsection. Payment of the cash equivalent of a prize other than prize money to a minor shall be made as provided by Subsections (a) and (b). SECURITY. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). TITLE 7. STATE LOTTERY ACCOUNT. 74 (H.B. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. 466.304. CHAPTER 32. June 17, 2005. (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. 466.302. 3, eff. (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. 1, eff. (In California, for any prize over $350,000, an investigation is automatically launched.) Added by Acts 1993, 73rd Leg., ch. 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. 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. Sept. 1, 1995. Sec. Added by Acts 1993, 73rd Leg., ch. 6.33, eff. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. 403 (S.B. 5, eff. Sec. A license may not be transferred or assigned to any other person or location. (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. Sec. Sec. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. (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. (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. 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. Sec. Added by Acts 1993, 73rd Leg., ch.