(b) Repealed by Acts 2003, 78th Leg., ch. Sec. Added by Acts 1993, 73rd Leg., ch. 107, Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 6.25, eff. 76, Sec. 198, Sec. Sept. 1, 1995. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 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 . 2.34, 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. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. 4.03(b), eff. Sept. 1, 1997. The drawing and inspections must be recorded on video and audio tape. 37), Sec. Sept. 1, 2003. Amended by Acts 1995, 74th Leg., ch. Section 12101 et seq.). Sec. 4.03(b), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (a) The director may authorize prizes to be paid by warrants to be drawn on the state lottery account. 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. 4.03(b), eff. PROCUREMENT PROCEDURES. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. 466.027. ANNUAL REPORT. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . Amended by Acts 1999, 76th Leg., ch. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. DEFINITION. 4.03(b), eff. 6, eff. June 17, 2011. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Search Texas Statutes. Any person who steals or otherwise unlawfully converts to his own or another's use a lottery ticket, prize, share, or portion thereof shall be guilty of larceny. Sec. Acts 2009, 81st Leg., R.S., Ch. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. If the sales agent uses an on-line electronic terminal to sell tickets, the director or a lottery operator on the instructions of the director may terminate the connection of the terminal to the commission's lottery computer at the time: (1) the proceeding to summarily suspend the license is initiated; or. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. Aug. 30, 1993. Sec. 466.157. The state auditor may review the results of and working papers related to the audit. 76, Sec. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. About one in every 50 Texans suffered a 2019 larceny-theft loss. 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. Amended by Acts 1995, 74th Leg., ch. DEMOGRAPHIC STUDIES. 4.03(b), eff. Acts 2007, 80th Leg., R.S., Ch. 466.252. September 1, 2013. 6.27, eff. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . 1153, Sec. Aug. 30, 1993. Sept. 1, 1995. 466.0161. REVIEW BY COMPTROLLER. (6) "Lottery game" includes a lottery activity. 107, Sec. September 1, 2021. 6.23, eff. Sec. (2) expenses of operating the lottery and paying prizes are not expenses of state government. (b) The commission shall review and must approve all major procurements as provided by commission rule. Sept. 1, 1995. 12.34 Third Degree Felony Punishment (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. 5(a), eff. Sec. 4.03(b), eff. ASSISTANCE OF COMPTROLLER. Acts 2011, 82nd Leg., R.S., Ch. In Texas, a conviction for a second-degree felony theft can result in imprisonment for up to 20 years and/or a fine of up to $10,000. (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. Sec. 6.31, eff. 466.306. (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. Sept. 1, 1995. (b) If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner. Aug. 30, 1993. 59), Sec. 76, Sec. 4.03(b), eff. 31.03 (b) (1). Amended by Acts 1995, 74th Leg., ch. CHANGE IN APPLICATION INFORMATION. Lottery ticket fraud can be punished under several California laws. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. (b) A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock. REPORTING AND RECORD VIOLATIONS. 1 / 163. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Aug. 30, 1993. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. 107, Sec. 466.4075. (d) A separate license is required for each location at which tickets are to be sold. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. Sept. 1, 1997; Acts 1999, 76th Leg., ch. ENFORCEMENT. (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. The commission shall provide the governor and the legislature, before the convening of each regular legislative session, with a summary of the security study that shows the overall evaluation of the lottery's security. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1104, Sec. Acts 2009, 81st Leg., R.S., Ch. 5, eff. 466.358. 76, Sec. Sec. 76, Sec. 4.03(b), eff. (F) information obtained by commission security officers or investigators; (13) the development and availability of a model agreement governing the division of a prize among multiple purchasers of a winning ticket purchased through a group purchase or pooling arrangement; (14) the criteria to be used in evaluating bids for contracts for lottery facilities, goods, and services; or. Amended by Acts 1995, 74th Leg., ch. The commission may only disclose the information on or after the 30th day after the date the person claims the lottery prize if the person chooses to remain anonymous under Subsection (a). 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. For more information, see Texas Penal Code Section 32.47. 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. U.S.C. 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. 4.03(b), eff. 4.03(b), eff. Refreshed: 2021-06-07 Sept. 1, 1995. 107, Sec. 394, Sec. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. Sec. Sept. 1, 1995. 466.102. Added by Acts 1993, 73rd Leg., ch. September 1, 2009. Each of those items is subject to discovery by a person that is the subject of the item. LIQUIDATED DAMAGES; PERFORMANCE BOND. PUBLICITY OF INDIVIDUALS PROHIBITED. 76, Sec. For purposes of this subsection, the . Added by Acts 1993, 73rd Leg., ch. TICKETS. Aug. 30, 1993. 466.405. 6.36, eff. Added by Acts 1997, 75th Leg., ch. (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. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 2001. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. Amended by Acts 1995, 74th Leg., ch. Penal Code 47.03 creates an offense for gambling promotion. Sec. 6.10, eff. 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. 8.22, eff. TITLE 7. 466.156. Sec. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. 1, eff. (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. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. 466.308. 76, Sec. 6.39, eff. Sec. The full language of the code section reads: (c) It shall be the responsibility of the assignor to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. (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. (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. 466.004. Search Texas Statutes. Sept. 1, 1997. Added by Acts 1993, 73rd Leg., ch. (1) "Adult" means an individual who is at least 18 years of age. 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. (e) The director may provide for a sales agent to pay amounts received for the sale of tickets directly to an officer or employee of the division for immediate deposit in the state treasury. 76, Sec. Acts 2011, 82nd Leg., R.S., Ch. 3.078, eff. (3) in default on a loan guaranteed under Chapter 57, Education Code. Sec. 2, eff. Sec. 403 (S.B. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Sec. INFLUENCING SELECTION OF WINNER. 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. 466.104. The court shall give preference to hearings and trials of actions under this section. (a) The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (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. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. 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