1 / 163. UNCLAIMED PRIZES. Sec. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sept. 1, 2001. (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. (1) "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that: (A) is managed and, in daily operations, is controlled by minority group members; and. Acts 2017, 85th Leg., R.S., Ch. 2, eff. (b) An offense under this section is a Class A misdemeanor. 466.307. contact us : 220 948-8593, email : deeperlife@gmail.com. Amended by Acts 1995, 74th Leg., ch. GROUP PURCHASE ARRANGEMENTS. DEFINITION. For purposes of this subsection, the . 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 . 107, Sec. Sec. PAYMENT OF PRIZE TO MULTIPLE WINNERS. 403 (S.B. 7(a), eff. June 17, 2011. 466.405. Sept. 1, 1995; Acts 1995, 74th Leg., 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. 403, Sec. The executive director shall appoint a deputy to administer the department. (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or sales agent is entitled to written notice of the time and place of the hearing. Amended by Acts 1995, 74th Leg., ch. (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. GENERAL PROVISIONS. (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. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. 781, Sec. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. 107, Sec. Sec. 1104, Sec. 6.25, eff. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. 6.12, eff. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 1, eff. (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. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. 1359 (H.B. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . (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. 466.401. INFLUENCING SELECTION OF WINNER. Added by Acts 1993, 73rd Leg., ch. (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 department of security shall supervise ticket validation and lottery drawings. Acts 2019, 86th Leg., R.S., Ch. 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 director may prescribe the terms under which a suspended license will be reissued. Added by Acts 1993, 73rd Leg., ch. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as . 76, Sec. Counterfeit and Altered Tickets. 6.12, eff. 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. 993 (H.B. 4.03(b), eff. Sec. 466.306. (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. 76, Sec. (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. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. A hearing under this section is subject to Section 2001.058(e). Added by Acts 1993, 73rd Leg., ch. 466.317. (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. Acts 2013, 83rd Leg., R.S., Ch. 466.358. Sec. Aug. 30, 1993. 466.359. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 6.14, eff. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. 6.41, eff. (d) A party who is aggrieved by the commission's resolution of a protest under Subsection (c) may file an action in the district court of Travis County. (c) The overall estimated odds of winning a prize in a particular lottery game must be printed on each ticket and prominently displayed in association with the sale of lottery products. Sept. 1, 2001. 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. 466.4075. 6.30, eff. June 17, 2011. May 20, 2009. Sec. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. June 19, 2009. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. (2) the issuance by a court of a published decision holding 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. (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. 466.357. (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. 6.08, eff. September 28, 2011. June 14, 2013. Theft From a Person. Acts 2011, 82nd Leg., R.S., Ch. (d) Except as provided by Subsection (e), a ticket holder forfeits any claim or entitlement to a prize for: (1) an on-line game after the expiration of the 180th day following the draw date; and. 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. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. PAYMENT OF PRIZES GENERALLY. It states that "A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent" STATE LOTTERY ACCOUNT. Sept. 1, 1995. Aug. 30, 1993. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. (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. (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. 3, eff. 323 (H.B. CONFIDENTIAL INFORMATION. 6.09, eff. Added by Acts 1993, 73rd Leg., ch. 107, Sec. (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. 1, eff. 466.203. 17.19(5), eff. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. COMPENSATION OF SALES AGENT. An independent certified public accountant must witness the drawing. 4, eff. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). Sec. (7) require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses. (5) has violated this chapter or a rule adopted under this chapter. 466.028. (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. 466.158. (a) The commission is entitled to conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) a sales agent or an applicant for a sales agent license; (2) a person required to be named in a license application; (3) a lottery operator or prospective lottery operator; (4) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (5) 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; (6) 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, if the amount of the bid or proposal exceeds $500; (7) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (8) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission; or. AMBER ALERT. (In California, for any prize over $350,000, an investigation is automatically launched.) Sept. 1, 1999. 993 (H.B. The acquisition of transmission facilities must be done on a competitive bid basis if possible. Refreshed: 2021-06-07 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. (2) "Director" means the director of the division. 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. FINGERPRINTS. 4.03(b), eff. Sec. Amended by Acts 1995, 74th Leg., ch. 466.012. 2.34, eff. 466.161. 403 (S.B. 466.402. (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. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . 678, Sec. 6.01, eff. 76, 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. 689 (H.B. Aug. 30, 1993. 4.03(b), eff. 76, Sec. 1158, Sec. Aug. 30, 1993. 4.03(b), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 466.202. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". 4.03(b), eff. 466.453. (a) Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 107, Sec. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. Aug. 30, 1993. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 6.17, eff. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Sec. 107, Sec. PREFERENCE FOR TEXAS BUSINESSES. (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). 466.312. 1655), Sec. Aug. 30, 1993. (G) participates in managing the affairs of the applicant or sales agent; (3) has been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission; (4) is a person whose location for the sales agency is: (A) a location licensed for games of bingo under Chapter 2001, Occupations Code; (ii) a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or an agency of the state; or, (C) a location for which a person holds a wine and malt beverage retailer's permit, mixed beverage permit, mixed beverage permit with a retailer late hours certificate, private club registration permit, or private club registration permit with a retailer late hours certificate issued under Chapter 25, 28, 29, or 32, Alcoholic Beverage Code, other than a location for which a person holds a wine and malt beverage retailer's permit issued under Chapter 25, Alcoholic Beverage Code, that derives less than 30 percent of the location's gross receipts from the sale or service of alcoholic beverages; or. September 1, 2019. Renumbered from Sec. DIVISION EMPLOYEES. Acts 2007, 80th Leg., R.S., Ch. 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. 76, Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 2001. 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. -To insure the public safety through: (A) the deterrent influence of the penalties. Sec. (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. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. (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 . 1545), Sec. (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. 6.33, eff. 107, Sec. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (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). 76, Sec. Amended by Acts 1995, 74th Leg., ch. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. Sec. Aug. 30, 1993. 1, eff. 466.351. Sec. 4.03(b), eff. (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. 4.03(b), eff. CLAIMING LOTTERY PRIZE BY FRAUD. Amended by Acts 1995, 74th Leg., ch. 76, Sec. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. 1, eff. 74, Sec. LICENSE APPLICATION; FEE. 4.03(b), eff. (c) If the prize is paid in periodic installments, the executive director shall deduct from periodic installment winnings paid to a prize winner amounts owed by the prize winner for child support if the executive director has been provided with a certified copy of a court order or a writ of withholding issued under Chapter 158, Family Code, or notice of a child support lien created under Subchapter G, Chapter 157, Family Code. 1394, Sec. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. COMPREHENSIVE BUSINESS PLAN. PAYMENT OF PRIZE IN INSTALLMENTS. 76, Sec. The full language of the code section reads: The notice must state the alleged violations that constitute grounds for summary suspension. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. Amended by Acts 1995, 74th Leg., ch. (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. (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. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. Aug. 30, 1993. DUTIES OF COMPTROLLER. (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. Added by Acts 1999, 76th Leg., ch. What is Theft by Deception Under Texas Law? (f) The commission may adopt rules necessary to administer this section. DEFINITIONS. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 466.256. Sec. 466.352. Aug. 30, 1993. Acts 2011, 82nd Leg., R.S., Ch. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. Aug. 30, 1993. Definition. June 7, 2019. 466.355. Lottery ticket fraud can be punished under several California laws. The director shall set the application fee in an amount that is at least sufficient to cover the costs incurred by the division and by the Department of Public Safety to process the application. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. September 1, 2017. 76, Sec. 4.03(b), eff. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 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. Added by Acts 1993, 73rd Leg., ch. (h) In this section: (1) Amended by Acts 1995, 74th Leg., ch. 76, Sec. DEFINITIONS. 1385 (S.B. First, consider the primary form of theft known as larceny theft. Added by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. California Penal Code 484(a) PC defines the crime of petty theft as wrongfully taking or stealing someone else's property when the value of the property is $950.00 or less.. September 1, 2017. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. CHAPTER 31. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. Aug. 30, 1993. (a) The commission and executive director have broad authority and shall exercise strict control and close supervision over all lottery games conducted in this state to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery. CHANGE IN APPLICATION INFORMATION. 506 (S.B. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. Sec. 107, Sec. (a) Annually, the comptroller shall review the management and operations of the lottery. 107, Sec. 466.311. Retail Theft (Shoplifting) Under Texas Law. Sec. (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. Added by Acts 2017, 85th Leg., R.S., Ch. 76, Sec. Sec. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. Sec. Sec. Aug. 30, 1993. APPLICABILITY OF OTHER LAW. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. Aug. 30, 1993. i bought a flip or flop house. 6(a), eff. Amended by Acts 1995, 74th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 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. Sec. GA-0812. 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. Sec. Added by Acts 1993, 73rd Leg., ch. 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. Sec. Aug. 30, 1993. Search Texas Statutes. 2.72(b), 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. (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). Texas Penal Code Chapter 29.02. 1128, Sec. (b) In addition to commission records excepted from disclosure under Chapter 552, the following information is confidential and is exempt from disclosure: (1) security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; (2) information of a nature that is designed to ensure the integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; (3) the street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and. 6.18, eff. 6.46, eff. 3, eff. 466.157. 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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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