(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. 466.019. IMMUNITY; CIVIL ACTIONS. 4.03(b), eff. (2) expenses of operating the lottery and paying prizes are not expenses of state government. (B) the remainder to the foundation school fund. The executive director shall transfer the money deducted under Subsection (b) or (c) to the appropriate person as determined by court order, the clerk of the court that issued the order for placement in the registry of the court, or the state disbursement unit under Chapter 234, Family Code, as appropriate. Sec. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . Amended by Acts 1995, 74th Leg., ch. Sec. (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. Sept. 1, 2001. Amended by Acts 1995, 74th Leg., ch. 76, Sec. Sec. - Real-time section number search. INVESTIGATIONS. 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. (b) If a lottery game involves a drawing, the drawing must be open to the public. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. (D) the director of the lottery division of the Texas Lottery Commission. 466.159. 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 . Larceny of tickets; fraudulent notification of prizes; penalty. Amended by Acts 1995, 74th Leg., ch. 466.4001. 76, Sec. 403 (S.B. Payments made to the executive director under this subsection shall be deposited in the general revenue fund and may be used to reimburse the Department of Public Safety for the actual costs of an investigation. 1275, Sec. Sec. (a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. 32.01. September 1, 2009. Sept. 1, 1995. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Aug. 30, 1993. 2, eff. CLAIMING LOTTERY PRIZE BY FRAUD. AGGREGATION OF AMOUNTS INVOLVED. 107, Sec. Theft between $2,500 and $30,000 is a state jail felony. Sec. PAYMENT OF PRIZES GENERALLY. AUDITS. 1, eff. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. Sec. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. The . - Fast full-text search to quickly find . The equipment must be inspected immediately before and after the drawing. (b) Repealed by Acts 2003, 78th Leg., ch. 3), Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. 4.03(b), eff. Added by Acts 2013, 83rd Leg., R.S., Ch. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. Sept. 1, 1995. Sept. 1, 2001. Added by Acts 1993, 73rd 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 . Sec. 4.03(b), eff. Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. (b) An individual who is younger than 18 years of age commits an offense if the individual: (2) falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket. On July 19 at 3:00 am . 14.760, eff. 466.355. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1, eff. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. 6.23, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. (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. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. Aug. 30, 1993. 466.3053. Acts 2009, 81st Leg., R.S., Ch. 466.016. The director shall set the salaries of these employees. Sec. 4.03(b), eff. (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. 2509), Sec. 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. 29, eff. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. Amended by Acts 1995, 74th Leg., ch. 466.402. Acts 2003, 78th Leg., ch. (2) the issuance by a court of a published decision holding that, based on the right of assignment as provided by this section, a lottery prize winner who does not assign prize payments would be subject to an immediate income tax liability for the value of the entire prize rather than annual income tax liability for each installment when paid. Sept. 1, 2003. Sec. DEPARTMENT OF PUBLIC SAFETY RECORDS. ANNUAL REPORT. (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). Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997. Aug. 30, 1993. 6.45, eff. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. 6.07, eff. Sept. 1, 1995. Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. 76, Sec. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . 66, eff. Aug. 30, 1993. PREFERENCE FOR TEXAS BUSINESSES. Added by Acts 1993, 73rd Leg., ch. 6.38, eff. Code Order (PDF) 11-01-2022; Version 18 Offense . If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . Added by Acts 1993, 73rd Leg., ch. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. 466.353. Sept. 1, 1995. 466.024. Acts 2017, 85th Leg., R.S., Ch. (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. 403 (S.B. 466.306. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). SALE OF TICKET ON CREDIT. 6.30, eff. 4.03(b), eff. (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. REVENUE FROM MULTIJURISDICTION LOTTERY. June 15, 2001. 1359 (H.B. 4.03(b), eff. 76, Sec. Sec. 6.28, eff. Sept. 1, 1995. (6) "Lottery game" includes a lottery activity. 6.39, eff. 1423, Sec. Sept. 1, 1995. 466.453. 107, Sec. 993 (H.B. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. Texas State Offense: Gambling Promotion. Sec. 8.21, eff. 76, Sec. 993 (H.B. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. (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. If you do steel then too, it's not like you can cash them either because we have a button on the terminal that stops payment on all tickets sold at the store until we. 107, Sec. 3.01, eff. Each of those items is subject to discovery by a person that is the subject of the item. 5.95(50), 6.24, eff. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. 76, 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. This chapter may be cited as the State Lottery Act. 6(a), eff. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. May 20, 2009. Aug. 30, 1993. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 696, Sec. 76, Sec. (b) The executive director may contract with or employ a person to perform a function, activity, or service in connection with the operation of the lottery as prescribed by the executive director. Sept. 1, 1995. Sec. 1423, Sec. 107, Sec. Sec. (1) "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that: (A) is managed and, in daily operations, is controlled by minority group members; and. Added by Acts 1993, 73rd Leg., ch. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. 466.303. (a) The executive director and each lottery operator shall take positive steps to: (1) inform minority businesses of opportunities to: (A) provide lottery equipment and supplies to the commission; (B) provide services, including advertising, to the commission for the operation of the lottery; or. (b) 689 (H.B. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b). Sept. 1, 2003; Acts 2003, 78th Leg., ch. SUMMARY SUSPENSION OF LICENSE. 76, Sec. SHORT TITLE. 4.03(b), eff. (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. (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. (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. (b-1) A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to Section 2001.058(e). 141 (H.B. 466.3051. (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. 31.03 (b) (1). DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sec. (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. Sept. 1, 1999. 4.03(b), eff. Aug. 30, 1993. 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. Added by Acts 1993, 73rd Leg., ch. 1963), Sec. Amended by Acts 1995, 74th Leg., ch. The executive director shall reimburse the department for the actual cost of an investigation. 6.12, eff. 6.09, eff. The estimate must be based on reasonable projections and past experience. (b) The commission shall adopt rules to the extent they are not inconsistent with Chapters 551 and 552 governing the: (1) security for the lottery and the commission, including the development of an internal security plan; (2) apportionment of the total revenues from the sale of tickets and from all other sources in the amounts provided by this chapter; (3) enforcement of prohibitions on the sale of tickets to or by an individual younger than 18 years of age; and. 4.03(b), eff. The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. 2197), Sec. 792, Sec. UNCLAIMED PRIZES. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) (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. Acts 2013, 83rd Leg., R.S., Ch. 76, Sec. 626), Sec. Sec. (a) The executive director shall prescribe the form of tickets. 466.352. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that the prize alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. (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. 403 (S.B. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. Sept. 1, 1999. (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. 466.253 and amended by Acts 1995, 74th Leg., ch. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 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. (d) The director may provide for a sales agent to retain from the money received from the sale of tickets the amount of prizes paid by the agent or the agent's commission, if any, and may establish how often the agent will make settlement payments to the treasury. A contract awarded under this subsection must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a sales agent license under Section 466.155. Sec. A 37-year-old Victorville man has been arrested more than two weeks after allegedly stealing about $5,000 in California Lottery scratcher tickets, according to the Hesperia Police Department. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. (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. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Amended by Acts 1995, 74th Leg., ch. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. (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. (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, 1997. EXPIRATION OF LICENSE; RENEWAL. Sec. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. 76, Sec. 1, 2, eff. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. 1.02, eff. 76, Sec. 993 (H.B. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. 1385 (S.B. 466.410. 2, eff. Added by Acts 1993, 73rd Leg., ch. 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. 8, eff. 107, Sec. (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. 31.01. FINGERPRINTS. 3, eff. DUTIES OF COMPTROLLER. June 7, 2019. Acts 2009, 81st Leg., R.S., Ch. Sec. 391, eff. PAYMENT OF COSTS AUTHORIZED. 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