TELEVISION CONTRACTS. May 20, 2009. Sec. 1410 (S.B. 466.158. (3) property in the custody of any law enforcement agency was explicitly represented by any law . Sec. (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. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). Sec. Sec. 4, eff. (e) An offense under Subsection (a) is a Class C misdemeanor. CONFIDENTIAL INFORMATION. 6.20, eff. Sec. 592, Sec. 6.02, eff. (b) Each sales agent shall maintain records adequate to establish the disposition of each ticket provided to the sales agent, the amounts of money received for the sale of those tickets, and any prizes awarded by the sales agent. Sec. Sec. Aug. 30, 1993. 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. (a) The executive director shall prescribe the form of tickets. 107, Sec. Sec. 626), Sec. 6.30, eff. (c) An offense under this section is a felony of the third degree. Sec. - Real-time section number search. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . 1, eff. 696, Sec. 5.95(50), 6.24, eff. 6.22, eff. (5) has violated this chapter or a rule adopted under this chapter. (b) The executive director shall report the results of the demographic study conducted under Subsection (a) to the commission, the governor, and the legislature before the convening of each regular legislative session. Amended by Acts 1995, 74th Leg., ch. 993 (H.B. Search Texas Statutes. california state library staff. Sept. 1, 1995; Acts 1997, 75th 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 . 466.404. Amended by Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. LICENSE APPLICATION; FEE. 4.03(b), eff. 107, Sec. (a) Except as provided by Subsection (d), all revenue received from the sale of tickets and all money credited to the state lottery account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the director. 2.72(b), eff. 466.021. (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. 2482), 4. September 1, 2017. -To insure the public safety through: (A) the deterrent influence of the penalties. After conducting investigations, the executive director, a person designated by the commission, or any law enforcement agency may file a complaint with the district attorney of Travis County or with the district attorney of the county in which a violation is alleged to have occurred. 6.11, eff. 689 (H.B. Aug. 30, 1993. 466.4075. (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. Aggravated Robbery - Texas Penal Code Section 29.03 defines this as: (a) A person commits an offense if he commits robbery as defined in Section 2902, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or. 76, Sec. Penal Code 31.03 (a). September 1, 2013. The commission shall adopt rules governing the competitive bidding process. A petition filed under this section shall include in the caption the prize winner's name as it appears on the lottery claim form; (2) the assignment is in writing, executed by the assignor and assignee (or designated agent), and by its terms subject to the laws of this state; and. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. Sept. 1, 1995. The legislature intends that advertisements or promotions sponsored by the commission or the division for the lottery not be of a nature that unduly influences any person to purchase a lottery ticket or number. Texas Penal Code Chapter 29.02. 3.04(a), eff. Sept. 1, 1999. Division employees are specifically exempted from Chapter 654. 76, Sec. Amended by Acts 1997, 75th Leg., ch. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. Once your ticket registers as a winning one in the store, the lottery will be alerted. Added by Acts 1993, 73rd Leg., ch. (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. September 1, 2013. 107, Sec. Amended by Acts 1995, 74th Leg., ch. 76, Sec. (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. (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. Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 107, Sec. 1394, Sec. Each of those items is subject to discovery by a person that is the subject of the item. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. (a) The state lottery account is a special account in the general revenue fund. Aug. 30, 1993. Sec. (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. 2, eff. 466.405. The commission by rule shall establish the procedures for depositing money from ticket sales into electronic funds transfer accounts, as well as other procedures regarding the handling of money from ticket sales. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. 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. Sec. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. Sept. 1, 2003. (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. 466.203. 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. 6.40, eff. Added by Acts 2005, 79th Leg., Ch. 466.354. 76, Sec. 466.028. The commission may adopt rules relating to a multijurisdiction lottery game or games. 6.17, eff. 107, Sec. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. 8.2, eff. (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. (1) "Adult" means an individual who is at least 18 years of age. (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. (e) The court order shall include specific findings as to compliance with the requirements of Subsections (b), (c), and (d) and shall specify the prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, and the name of the prize winner as it appears on the lottery claim form. 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. June 17, 2011. 4.03(b), eff. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. (4) "Executive director" means the executive director of the commission. An offender can also receive enhanced penalties for preventing or . Sec. 198, Sec. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 506 (S.B. Sept. 1, 1999. Added by Acts 2009, 81st Leg., R.S., Ch. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. 6.12, eff. Sept. 1, 1999. Amended by Acts 1995, 74th Leg., ch. Terms in this set (285) Objectives of Code. 6.22, eff. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on: (2) an employee or prospective employee of the commission; (3) a person required to be named in a license application; (4) a lottery operator or prospective lottery operator; (5) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (6) 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; (7) 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; (8) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; or. 1423, Sec. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 6.36, eff. 466.3051. 466.411. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. September 1, 2007. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1420, Sec. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. 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. 466.351. 466.352. Sec. 1 / 163. 2197), Sec. 107, Sec. Amended by Acts 1995, 74th Leg., ch. Sec. Sept. 1, 1995. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . Added by Acts 1993, 73rd Leg., ch. (e) No organization that would otherwise be eligible to receive funds from the state lottery account attributable to any lottery game authorized by this section may receive any such funds if it conducts illegal gambling or the illegal operation of gambling devices as defined by Chapter 47, Penal Code, or allows illegal gambling or the illegal operation of gambling devices to be conducted on its property or in its facilities. (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. Sept. 1, 1995. PROHIBITED ADVERTISEMENTS. Sec. 107, Sec. 466.020. June 14, 2013. The version of the offense codes is updated after every legislative session and the most up to date and current list of the offense codes can be found on this page. Sept. 1, 1995; Acts 1999, 76th Leg., ch. SALE OF TICKET AT UNAUTHORIZED LOCATION. September 1, 2017. 76, Sec. 107, Sec. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 466.3054. Acts 2011, 82nd Leg., R.S., Ch. 3, eff. 76, 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. (5) the object offense was not actually committed. 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. 18.21, eff. 1385 (S.B. (c) An offense under this section is a Class A misdemeanor. 6.32, eff. June 19, 2009. Sec. Sept. 1, 1995. Aug. 30, 1993. 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. (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. 6.09, eff. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. For purposes of this subsection, the . PROCUREMENTS. Below are some of the library resources that can provide further guidance on this topic. 466.357. Amended by Acts 1995, 74th Leg., ch. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. 4.03(b), eff. Search Texas Statutes. Sept. 1, 1995. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. 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. Sept. 1, 1995. DELIVERY OF FUNDS. 466.312. 466.253 and amended by Acts 1995, 74th Leg., ch. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. Sept. 1, 1995. June 17, 2011. CHANGE IN APPLICATION INFORMATION. This subsection does not require a commission member to sign the contract. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. 4.03(b), eff. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. PROCUREMENT PROCEDURES. Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. 4.03(b), eff. Aug. 30, 1993. 466.255 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.14, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. CHAPTER 31. 993 (H.B. Added by Acts 1995, 74th Leg., ch. June 17, 2011. Added by Acts 1993, 73rd Leg., ch. RULES. 4.03(b), eff. 76, Sec. The executive director shall appoint a deputy to administer the department. Acts 2013, 83rd Leg., R.S., Ch. 403, Sec. A person claiming or attempting to claim a lottery prize or a share of a lottery prize represents that the ticket or other item showing that the person is entitled to the prize or share was lawfully obtained, is not stolen, forged, or altered, and has not previously been redeemed. 4.03(b), eff. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. 5.95(83), (94), 6.04, eff. About one in every 50 Texans suffered a 2019 larceny-theft loss. 466.4001. The acquisition of transmission facilities must be done on a competitive bid basis if possible. 6.33, eff. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Amended by Acts 1995, 74th Leg., ch. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Sept. 1, 1995. Sec. 76, Sec. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Sec. Sec. 781, Sec. Sec. 107, Sec. According to . 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. 466.017. (3) offers, for compensation, to claim the prize of another person. 2, eff. Amended by Acts 1995, 74th Leg., ch. 76, Sec. The player also acknowledges that the determination of whether the player is a valid winner is subject to: (1) the commission's rules and claims procedures, including those developed for the particular lottery game involved; and. 4.03(b), eff. Sec. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. (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. 1, eff. Definition. The procedures must be for the purpose of ensuring fairness and integrity. Acts 2013, 83rd Leg., R.S., Ch. 7(a), eff. Added by Acts 1993, 73rd Leg., ch. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. 466.3052. Recent Changes to the Laws. Acts 2019, 86th Leg., R.S., Ch. 1, eff. May 26, 2017. 2, eff. 937 (H.B. 2, eff. 1963), Sec. Amended by Acts 1999, 76th Leg., ch. 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. June 17, 2011. 107, Sec. 76, Sec. Statistics show that 2019's 496,279 Texas larceny thefts averaged $1,624 in value for a total Texas larceny-theft loss of $805,938,632. Amended by Acts 1995, 74th Leg., ch. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. Amended by Acts 1995, 74th Leg., ch. A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with \\"noncash merchandise prizes, toys, or novelties,\\" as that phrase is used in subsection 47.01 (4) (B) of the Penal Code. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. 6.41, eff. (b) A lottery operator may sell tickets to a sales agent. 466.256. 592, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. (a) On request of the executive director, the comptroller shall assist the executive director in: (1) acquiring facilities, supplies, materials, equipment, and services under Subtitle D, Title 10; or. Aug. 30, 1993. 3, eff. Added by Acts 1993, 73rd 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.