texas penal code theft of lottery tickets
Sept. 1, 2001; Acts 2001, 77th Leg., ch. The drawing and inspections must be recorded on video and audio tape. Amended by Acts 1995, 74th Leg., ch. (13) other security aspects of lottery operations. Penal Code 47.03 creates an offense for gambling promotion. Aug. 30, 1993. 107, Sec. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. 76, Sec. (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. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. (3) "Division" means the lottery division established by the commission under Chapter 467. Under Title 7, Section 31.03 of the Texas Penal Code, "A person commits an offense [theft] if he unlawfully appropriates property with intent to deprive the owner of property.". Sept. 1, 1995. 4.03(b), eff. Sec. Sec. Texas Penal Code Chapter 29.02. 6.15, eff. (2) a power granted to the comptroller may be exercised by the commission. 76, Sec. (b) If equipment or supplies produced in this state or services or advertising offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising. 678, Sec. The estimate must be based on reasonable projections and past experience. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. (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). Texas Lottery Retailer Support 6.33, eff. 466.158. Under Section 32.31, CREDIT CARD or DEBIT CARD ABUSE is defined as follows: CREDIT CARD or DEBIT CARD ABUSE is when a person uses a debit or credit card, whether expired or not, that the owner of that card did not consent to that cards use. 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 . The maximum penalty is a year of imprisonment. Added by Acts 2005, 79th Leg., Ch. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. 6.02, eff. 626), Sec. (b) This chapter may be cited as the State Lottery Act. 107, Sec. 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 . 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. 7(a), eff. First, consider the primary form of theft known as larceny theft. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 466.027. (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. June 19, 2009. Sec. 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. 466.109. (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. 4.03(b), eff. 107, Sec. 6.47, eff. Sec. (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. (B) the remainder to the foundation school fund. Amended by Acts 1995, 74th Leg., ch. 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. Theft From a Person. Sept. 1, 1995. If notice is served in person, the sales agent shall immediately surrender the license to the commission. 1394, Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 107, Sec. 2197), Sec. 466.309. 4.03(b), eff. About one in every 50 Texans suffered a 2019 larceny-theft loss. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. (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. Sept. 1, 1995. 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. 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. Added by Acts 1993, 73rd Leg., ch. 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. 689 (H.B. (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. Refreshed: 2021-06-07 76, Sec. ENFORCEMENT. 466.159. The commission may adopt rules relating to a multijurisdiction lottery game or games. 107, Sec. 6.36, eff. 4.03(b), eff. (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. (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. 6.09, eff. Sec. Acts 2013, 83rd Leg., R.S., Ch. 76, Sec. 29, eff. 1963), Sec. FRAUD. 4 (S.B. (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. 76, Sec. 78, eff. The . 458, Sec. 107, Sec. 466.310. 31.01. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. 431 (S.B. 4.03(b), eff. (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. Sept. 1, 2001. Lottery ticket fraud of this type can be punished under multiple laws. Sept. 1, 1995. (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. (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. 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. Added by Acts 1993, 73rd Leg., ch. The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent. 1104, Sec. (b) If a minor is entitled to prize money on a winning ticket in an amount of $600 or more, the director may direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of an adult member of the minor's family or of the minor's guardian as custodian for the minor. 3), Sec. Added by Acts 1993, 73rd Leg., ch. (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. 76, Sec. 466.403. September 1, 2017. (D) Mexican Americans and other Americans of Hispanic origin. 76, Sec. 4.03(b), eff. texas penal code theft of lottery tickets. 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) 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. AUDITS. Code Order (PDF) 11-01-2022; Version 18 Offense . 466.107. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. 993 (H.B. 76, Sec. 6.03, eff. 1, eff. Sec. 59), Sec. 466.3012. (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. Sec. 107, Sec. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. Counterfeit and Altered Tickets. Amended by Acts 1995, 74th Leg., ch. Sec. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. The full language of the code section reads: 2197), Sec. 6.27, eff. Amended by Acts 1997, 75th Leg., ch. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. 6.48, eff. Sec. 6.07, eff. (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. Added by Acts 1993, 73rd Leg., ch. (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. 466.026. REPORTING BY SALES AGENT; RECORDS. 107, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 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. 466.018. September 1, 2013. Aug. 30, 1993. 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. 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. 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. Sept. 1, 1995. Sept. 1, 1999. 466.3011. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. Amended by Acts 1995, 74th Leg., ch. (7) require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Sec. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. (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 involved is greater than $10,000, in which event the offense is a felony of the second degree. Sec. (a) The commission may suspend a sales agent's license summarily without notice or hearing if the commission finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state and: (1) the sales agent fails to deposit money received from ticket sales under Section 466.351; (2) an event occurs that would render the sales agent ineligible for a license under Section 466.155; (3) the sales agent refuses to permit the executive director, the director, the commission, or the state auditor to examine the agent's books, records, papers, or other objects under Section 466.017(b); or. 135, Sec. (c) An offense under this section is a felony of the third degree. Amended by Acts 1995, 74th Leg., ch. 6.20, eff. Sec. 1.51, eff. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. > texas penal code theft of lottery tickets. (c) Not later than the first anniversary after the date of each renewal, the commission shall obtain criminal history record information maintained by the Department of Public Safety on a sales agent whose license is renewed under Section 466.158. 198, Sec. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. 6.35, eff. Amended by Acts 1995, 74th Leg., ch. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. Sept. 1, 1995. 689 (H.B. 466.151. GEORGETOWN, Tx. (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. Added by Acts 1993, 73rd 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 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. 403 (S.B. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 2001. Sec. 107, Sec. 74 (H.B. Added by Acts 1993, 73rd Leg., ch. Sec. Sept. 1, 1995. 4.03(b), eff. Second-Degree Felony Theft. Recent Changes to the Laws. 107, Sec. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. (b) The commission may release or disclose the personally identifiable information of a natural person who is a lottery prize winner if the person chooses to have the prize paid in periodic installments. 107, Sec. Sept. 1, 1999. 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. This subsection does not require a commission member to sign the contract. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. (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. 466.256. AMBER ALERT. 626), Sec. Amended by Acts 1995, 74th Leg., ch. (3) offers, for compensation, to claim the prize of another person. 781, Sec. 6.37, eff. 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