4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. 6.25, eff. Amended by Acts 1995, 74th Leg., ch. Sec. 6.18, eff. (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 . Added by Acts 1993, 73rd Leg., ch. (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). Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . Amended by Acts 1995, 74th Leg., ch. 8.22, eff. OFFENSES AGAINST PROPERTY. On July 19 at 3:00 am . 76, Sec. Sec. 1385 (S.B. CONFIDENTIAL INFORMATION. (g) The commission shall establish and collect a reasonable fee to defray any administrative expenses associated with an assignment made under this section, including the cost to the commission of any processing fee imposed by a private annuity provider. 6.29, eff. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. Added by Acts 1993, 73rd Leg., ch. 466.306. What is Theft by Deception Under Texas Law? PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. 626), Sec. 4.03(b), eff. hereinafter provided; (B) the rehabilitation of those convicted of violations. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 107, Sec. EXPIRATION OF LICENSE; RENEWAL. (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. 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 . Aug. 30, 1993. SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS. Sec. 107, Sec. CLAIMING LOTTERY PRIZE BY FRAUD. (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. First, consider the primary form of theft known as larceny theft. 1.02, eff. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. 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. 4.03(b), eff. 135, Sec. 76, Sec. 4.03(b), eff. 466.154. September 1, 2013. 6.39, 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 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. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. (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. It can take place in 2 ways. 466.313. 466.404. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4.03(b), eff. 29, eff. (2) "Director" means the director of the division. 59), Sec. 6(a), eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. PAYMENT OF COSTS AUTHORIZED. (2) an instant game after the expiration of the 180th day following the official "end of game" as determined by the commission. 6.14, eff. 51, eff. 6, eff. Sept. 1, 1995. STATE LOTTERY ACCOUNT. For more information, see Texas Penal Code Section 32.47. 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. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. Sept. 1, 1995. Sec. 6.35, eff. (b) If a lottery game involves a drawing, the drawing must be open to the public. 198, Sec. Sections 4301-4333), as amended. 3), Sec. (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. 6.47, eff. 62, Sec. PAYMENT OF PRIZE IN INSTALLMENTS. 2, eff. (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. 3.02, eff. Penal Code 31.03 (a). Sept. 1, 2003. Amended by Acts 1997, 75th Leg., ch. For the purpose of carrying out this chapter, the executive director or state auditor may examine all books, records, papers, or other objects that the executive director or state auditor determines are necessary for conducting a complete examination under this chapter and may also examine under oath any officer, director, or employee of a lottery operator or sales agent. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . 107, Sec. Sec. Sec. 466.016. 4.03(b), eff. Sec. 4.03(b), eff. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . At the end of each shift, the clerks have to run a report that reflects the lottery purch. (6) "Lottery game" includes a lottery activity. If the director determines that prize money is to be paid in installments, the comptroller shall invest funds from the state lottery account as necessary to ensure the payment of the installments. 2. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code. 76, Sec. 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. Added by Acts 2003, 78th Leg., ch. Sec. Amended by Acts 1995, 74th Leg., ch. 59), Sec. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. Sept. 1, 1999. (h) In this section: (1) The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. Larceny of tickets; fraudulent notification of prizes; penalty. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 1, eff. (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. Added by Acts 1993, 73rd Leg., ch. (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. Sept. 1, 1995. 466.014. REPORTING BY SALES AGENT; RECORDS. Aug. 30, 1993. 687, Sec. 76, Sec. 2, 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. 6.20, eff. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. The executive director may propose rules to be adopted by the commission, but the executive director's proposed rules have no effect until adopted by the commission. Sec. GENERAL PROVISIONS. Acts 2011, 82nd Leg., 1st C.S., Ch. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. (b) The commission as frequently as the commission determines appropriate shall review the comprehensive business plan and at least annually hold a public meeting to discuss the plan or updates to the plan. September 28, 2011. Sept. 1, 1995. 466.358. (In California, for any prize over $350,000, an investigation is automatically launched.) 466.107. 466.357. The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. (a) The executive director shall maintain a department of security in the commission. Aug. 30, 1993. CROCKETT - A 25-year-old Crockett woman is in jail after she allegedly stole over $47,000 in lottery tickets from the Wal-Mart Fuel Center. Sec. Sec. 993 (H.B. 6.12, eff. 1, eff. Sec. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. (b) The commission shall review and must approve all major procurements as provided by commission rule. (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. 6.05, eff. Sec. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. The commission may enter into a written agreement with the appropriate officials of one or more other states or other jurisdictions, including foreign countries, to participate in the operation, marketing, and promotion of a multijurisdiction lottery game or games. For more information, see Texas Penal Code Section 31.03(e)(4)(B). 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. 1420, Sec. 107, Sec. 4.03(b), eff. 107, Sec. Sept. 1, 1995; Acts 2003, 78th Leg., ch. The acquisition of transmission facilities must be done on a competitive bid basis if possible. 466.353. Sec. (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. 3 ) causes bodily injury to another person or threatens or places another person threatens. 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