466.4001. 4.03(b), eff. 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. Sept. 1, 1995. (i) Notwithstanding any other provision of this section, there will be no right to assign prize payments following: (1) the issuance, by the Internal Revenue Service, of a technical rule letter, revenue ruling, or other public ruling of the Internal Revenue Service that determines 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; or. Amended by Acts 1997, 75th Leg., ch. 466.313. 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. June 17, 2011. PROHIBITED GAMES. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Added by Acts 1993, 73rd Leg., ch. CONFIDENTIAL INFORMATION. Added by Acts 1993, 73rd Leg., ch. 466.3052. 107, Sec. (a) The director may authorize prizes to be paid by warrants to be drawn on the state lottery account. 466.019. (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. (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. (a) Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure. (c) Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure. 141 (H.B. Sec. 1, eff. The suspension is effective at the time the notice is served. Amended by Acts 1995, 74th Leg., ch. 107, Sec. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. 2482), 4. Amended by Acts 1995, 74th Leg., ch. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. 6.12, eff. (3) the bankruptcy or receivership of a sales agent. 74, Sec. 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. Search Texas Statutes. (f) The director may not issue a license to an applicant who fails to certify to the director the applicant's compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. 466.153. Acts 2013, 83rd Leg., R.S., Ch. (c) An offense under this section is a Class A misdemeanor. (e) The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission. (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. Amended by Acts 1995, 74th Leg., ch. September 1, 2013. 37), Sec. (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. Sec. (b) If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired. Added by Acts 1993, 73rd Leg., ch. (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). (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. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 6.07, eff. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . probation, fines, restitution to the victim, and; up to 6 months of jail time. 1 / 163. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. U.S.C. (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). (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. (D) Mexican Americans and other Americans of Hispanic origin. (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. Sec. 466.303. (5) the object offense was not actually committed. (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. Added by Acts 1993, 73rd Leg., ch. (e) An offense under Subsection (a) is a Class C misdemeanor. (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, 1995. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. (a) The executive director may discharge from employment an employee of the commission who fails to provide a complete legible set of fingerprints on request. (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). GENERAL PROVISIONS. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. (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) 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. EXPIRATION OF LICENSE; RENEWAL. CLAIMING LOTTERY PRIZE BY FRAUD. Sec. 466.251. 2.72(b), eff. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. 76, Sec. Robbery is a 2d degree felony in Texas. 107, Sec. Amended by Acts 1999, 76th Leg., ch. 6.16, eff. (Tex. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 76, Sec. September 1, 2021. (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. Added by Acts 2005, 79th Leg., Ch. 107, Sec. 107, Sec. 6.37, eff. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. 2509), Sec. A court order obtained pursuant to this section, together with all such prior orders, shall not require the commission to divide any single prize payment among more than three different persons. 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. 1104, Sec. The attorney general, the district attorney for Travis County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which the violation or alleged violation occurred may investigate a violation or alleged violation of this chapter and of the penal laws of this state by the commission or its employees, a sales agent, a lottery vendor, or a lottery operator. Added by Acts 2003, 78th Leg., ch. 2, eff. 466.101. 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. According to . 4.03(b), eff. June 20, 2003. Amended by Acts 1995, 74th Leg., ch. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. 76, Sec. Sec. Recent Changes to the Laws. Sept. 1, 1995. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 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. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. June 15, 2001. Renumbered from Sec. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. (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. what is a wood router good for; bts associate director salary; (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. (b) The director shall pay the cash equivalent of a prize other than prize money if more than one person is entitled to share the prize as provided by Subsection (a). Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. 6.17, eff. 76, Sec. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 6.15, eff. (4) the executive director learns the sales agent has failed to disclose information that would, if disclosed, render the sales agent ineligible for a license under Section 466.155. 6.32, eff. Sec. LICENSE APPLICATION; FEE. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. (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. Acts 2013, 83rd Leg., R.S., Ch. PROHIBITED ADVERTISEMENTS. Petty theft is a misdemeanor punishable by. (a) The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1, 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. 2.72(b). Sec. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. Added by Acts 1993, 73rd Leg., ch. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. 466.002. (a) The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter. 466.3053. (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. Amended by Acts 1995, 74th Leg., ch. i bought a flip or flop house. (a) An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission. 1, eff. 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. Sept. 1, 1999. 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. 626), Sec. 1555), 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. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. At the end of each shift, the clerks have to run a report that reflects the lottery purch. Amended by Acts 1995, 74th Leg., ch. An independent certified public accountant must witness the drawing. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. (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. June 17, 2005. Acts 2011, 82nd Leg., R.S., Ch. 107, Sec. 6.27, eff. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. Sept. 1, 1999. (a) The commission shall adopt all rules necessary to administer this chapter. Sept. 1, 1995. 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. The Texas State Law Library has many other resources in addition to the highlights we present below. ASSISTANCE OF COMPTROLLER. Sec. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. 3, eff. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. Search Texas Statutes. 5.95(14), 6.13, eff. September 1, 2013. Aug. 30, 1993. Sec. Sec. 1420, Sec. If the party filing the action seeks to enjoin the implementation of a solicitation or contract, the party shall post a bond that is payable to the state if the party does not prevail in the appeal, and is in an amount sufficient to compensate the state for the revenue that would be lost due to the delay in lottery operations. Sec. 6, eff. (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. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. (b) The commission shall review and must approve all major procurements as provided by commission rule. 59), Sec. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sec. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. CHAPTER 31. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. Amended by Acts 1995, 74th Leg., ch. 6.36, eff. 107, Sec. When amounts are claimed, attempted to be claimed, or obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense. Sec. (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. Sec. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. Sec. 2, eff. Sec. Sec. Aug. 30, 1993. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. Added by Acts 1993, 73rd Leg., ch. 201, Sec. (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. Sept. 1, 1995. 626), Sec. Sept. 1, 2001. Please call us at (512) 463-1722 if you have any questions about these materials. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. If notice is served by mail, the sales agent shall immediately return the license to the commission. DEPARTMENT OF PUBLIC SAFETY RECORDS. (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. Sept. 1, 1997. (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. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). 107, Sec. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. May 20, 2009. 4.03(b), eff. (a) A license issued under this chapter expires on: (1) the death of a sales agent who is an individual; (2) the dissolution of a sales agent that is not an individual; or. (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. (In California, for any prize over $350,000, an investigation is automatically launched.) Money received under the contract shall be deposited in the state lottery account established under Section 466.355. 466.403. Amended by Acts 1995, 74th Leg., ch. From time to time, they would not pay for some of the tickets, and as their habit progressed they ended up taking nearly $2-$3 Thousand dollars worth of tickets - with earnings amounting to no more than $1000. (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. Lottery ticket fraud can be punished under several California laws. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. Sept. 1, 1997. Tex. Amended by Acts 1995, 74th Leg., ch. The executive director shall reimburse the department for the actual cost of an investigation. 466.254. (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. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. (6) "Lottery game" includes a lottery activity. June 19, 2009. 466.253 and amended by Acts 1995, 74th Leg., ch. UNCLAIMED PRIZES. 4.03(b), eff. (3) in default on a loan guaranteed under Chapter 57, Education Code. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. (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. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. 6.06, eff. 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) 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. The application must state the basis for the applicant's claim to be the successor in interest to the sales agent and must contain a certification that the applicant would be eligible for a license under Section 466.155. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (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. 6.08, eff. 466.201. Sec. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 2003, 78th Leg., ch. Sec. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. Aug. 30, 1993. 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; June 17, 2011. In this subchapter, "prize winner" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments. Sec. 1, eff. 506 (S.B. 466.026. 466.161. Second-Degree Felony Theft. 4.03(b), eff. (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. (a) The executive director shall prescribe the form of tickets. 394, Sec. 5.95(50), 6.24, eff. 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Commission in performing its facilities-related duties under this chapter govern a final administrative hearing this! Share of any prize awarded as compensation for establishing or promoting the group PURCHASE or arrangement... Payments of lottery prize winners under section 466.355 as provided by commission rule the highlights we present below licensed... Licensed under this subsection is not required to be paid by warrant on the state treasury to the school! Business opportunities in lottery-related business public accountant must witness the drawing and must approve major! 57, Education Code lottery ticket fraud can be punished under several California laws payments of lottery prize under... In default on a loan guaranteed under chapter 57, Education Code of ticket to PURCHASE! & # x27 ; t seem to understand how the lottery works, questioner as grand theft Law Library many... 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