Amended by Acts 1999, 76th Leg., ch. 76, Sec. 626), Sec. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells or offers to sell a ticket to an individual that the person knows is younger than 18 years of age. Sept. 1, 1997. 6.21, eff. INVESTIGATIONS. The . 5.95(94), 6.09, eff. Acts 2017, 85th Leg., R.S., Ch. This chapter may be cited as the State Lottery Act. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. 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. Sec. (2) an employee or prospective employee of the commission. Amended by Acts 1999, 76th Leg., ch. PAYMENT OF PRIZES GENERALLY. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. 1655), Sec. 76, Sec. GROUP PURCHASE ARRANGEMENTS. Sec. Sept. 1, 1995. Aug. 30, 1993. (b) A person commits an offense if the person knowingly refuses to produce for inspection by the director, executive director, commission, or state auditor a book, record, or document required to be maintained or made by this chapter or a rule adopted under this chapter. For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021 (Ownership of Exotic Wildlife and Fowl), Agriculture Code, if the animal is an estray. Sec. (a) A person commits an offense if the person: (1) induces another person to assign or transfer a right to claim a prize; (2) offers for sale the right to claim a prize; or. 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. Penal Code 31.03 (a). (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. According to . Once your ticket registers as a winning one in the store, the lottery will be alerted. (3) "Minor" means an individual who is younger than 18 years of age. Aug. 30, 1993. 689 (H.B. 107, Sec. Aug. 30, 1993. Sept. 1, 1995. 466.317. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (b) 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. 107, Sec. 76, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Sec. 1.51, eff. Sec. June 14, 2013. 4.03(b), eff. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". (b) The executive director may employ security officers or investigators as the executive director considers necessary and may commission security officers or investigators as peace officers. 107, Sec. 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. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. 4.03(b), eff. An independent certified public accountant must witness the drawing. Amended by Acts 1995, 74th Leg., ch. (b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: (a) A person may assign, in whole or in part, the right to receive prize payments that are paid by the commission in installments over time if the assignment is made to a person designated by an order of a district court of Travis County, except that a person may not assign the right to receive prize payments if the person is subject to a child support order and is delinquent in making support payments under that order. 3, eff. 466.252. Sept. 1, 1995. 3.078, eff. 107, Sec. A. First, consider the primary form of theft known as larceny theft. 758), Sec. 3.04(a), eff. 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. 689 (H.B. September 1, 2013. 4, eff. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. (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. 466.3052. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. (c) At a hearing, an applicant or sales agent must show by a preponderance of the evidence why the application should not be denied or the license suspended or revoked. 466.020. Added by Acts 1993, 73rd Leg., ch. The comptroller may examine books, records, documents, things, or persons as necessary for that purpose. (3) offers, for compensation, to claim the prize of another person. (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. 442), Sec. Sept. 1, 2003. Sec. 4.03(b), eff. 1394, Sec. Sec. 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. 74 (H.B. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. 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. 107, Sec. 4.03(b), eff. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. The executive director shall reimburse the department for the actual cost of an investigation. Sec. What is Theft by Deception Under Texas Law? 1555), Sec. September 1, 2013. 4.03(b), eff. (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. (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. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. 4 (S.B. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Sept. 1, 1999. 5(a), eff. 29, eff. STATE LOTTERY ACCOUNT. May 1, 2022 . September 1, 2017. Aug. 30, 1993. 76, Sec. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. (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. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or. (a) The executive director shall prescribe the form of tickets. 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. HB 2757, effective June 15, 2021, amended the Charitable Raffle Enabling Act to increase the allowable value of each purchased prize from $50,000 to $75,000 and the allowable number of raffles that may be held per calendar year from two to four. 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) 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. 107, Sec. (d) A separate license is required for each location at which tickets are to be sold. Added by Acts 1993, 73rd Leg., ch. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. Aug. 30, 1993. hereinafter provided; (B) the rehabilitation of those convicted of violations. PROCUREMENTS. Aug. 30, 1993. 107, Sec. Sec. 4.03(b), eff. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. 466.109. (b) If a lottery game involves a drawing, the drawing must be open to the public. The commission by rule shall establish a procedure to determine what constitutes a major procurement based on the cumulative value of a contract and other relevant factors. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. 107, Sec. Sec. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. TITLE 7. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1 / 163. 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; Added by Acts 2017, 85th Leg., R.S., Ch. Larceny of tickets; fraudulent notification of prizes; penalty. 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. September 28, 2011. The deputy and all investigators employed by the department of security as peace officers must meet the requirements under Chapter 415 for employment and commission as peace officers. (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. The notice must state the alleged violations that constitute grounds for summary suspension. 76, Sec. Sept. 1, 1995. (a) A person commits an offense if the person intentionally or knowingly sells a ticket at a price the person knows is greater than that fixed by the commission or by the lottery operator authorized to set that price. (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). 403 (S.B. 14.761, eff. Sec. (4) a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Subdivision (1), (2), or (3). June 17, 2011. (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. Tampering with a lottery ticket can have serious consequences. (15) any other matter necessary or desirable as determined by the commission, to promote and ensure: (A) the integrity, security, honesty, and fairness of the operation and administration of the lottery; and. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. Sec. Amended by Acts 1995, 74th Leg., ch. 198, Sec. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sept. 1, 1999. 2197), Sec. 32.01. (h) In this section: (1) Larceny of tickets; fraudulent notification of prizes; penalty. 626), Sec. The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal. Sec. 6.11, eff. PROHIBITED ADVERTISEMENTS. Search Texas Statutes. 4.03(b), eff. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 1. 14.760, eff. 466.4075. Added by Acts 1993, 73rd Leg., ch. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". 76, Sec. Sept. 1, 1995. (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. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. 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. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. (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. Sec. 993 (H.B. 431 (S.B. 6.25, eff. 466.204. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. Menu. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 8, eff. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.22, eff. 1410 (S.B. 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. (3) "Division" means the lottery division established by the commission under Chapter 467. (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. Sec. 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