FORGERY; ALTERATION OF TICKET. Added by Acts 1993, 73rd Leg., ch. (a) Each sales agent shall post a cash bond, surety bond, letter of credit, certificate of deposit, or other security approved by the executive director, including the contribution of cash to a pooled bond fund established by the executive director to protect the state from possible losses. (c) An offense under this section is a felony of the third degree. 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. 937 (H.B. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. The Texas State Law Library has many other resources in addition to the highlights we present below. (a) The state lottery account is a special account in the general revenue fund. June 17, 2011. 59), Sec. (c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that: (1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree; (2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or. (f) The commission may adopt rules necessary to administer this section. Added by Acts 1993, 73rd Leg., ch. (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal. (b) The commission shall review and must approve all major procurements as provided by commission rule. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. 107, Sec. 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. 6, eff. Section 12101 et seq.). Aug. 30, 1993. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. Renumbered from Sec. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. In Texas Penal Code Section 29.02 (a) (1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury to another. 76, Sec. (c) The director shall pay the cash equivalent of a prize other than prize money if the person entitled to claim the prize is a minor. 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. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. Added by Acts 1993, 73rd Leg., ch. (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. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. 78, eff. 6.04, eff. texas penal code theft of lottery tickets. 403 (S.B. 76, Sec. (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. Sec. 2.72(b). Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. What is Theft by Deception Under Texas Law? (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. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. PAYMENT OF PRIZES GENERALLY. Amended by Acts 1997, 75th Leg., ch. 165, Sec. September 1, 2007. 466.021. (a) The executive director shall maintain a department of security in the commission. (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. APPLICABILITY OF OTHER LAW. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. 626), Sec. About one in every 50 Texans suffered a 2019 larceny-theft loss. AGGREGATION OF AMOUNTS INVOLVED. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. 4.03(b), eff. Acts 2009, 81st Leg., R.S., Ch. Sec. 76, Sec. (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. Amended by Acts 1999, 76th Leg., ch. For more information, see Texas Penal Code Section 32.47. 4.03(b), eff. ASSIGNMENT OF PRIZES. Sec. Sec. 32.01. Aug. 30, 1993. 4.03(b), eff. 8.2, eff. 1153, Sec. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. There are two instances in which theft is a second-degree felony: The property was worth $150,000 or more but less than $300,000; or; The property was an ATM or its contents or components (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. 2197), Sec. Sec. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. 6(a), eff. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. 76, 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. 466.306. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. 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. Aug. 30, 1993. 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. 107, Sec. 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. SALE OF TICKET ON CREDIT. September 1, 2017. 696, Sec. STATE LOTTERY ACCOUNT. Texas State Offense: Gambling Promotion. 466.254. TICKETS. Sept. 1, 1997. 466.157. 107, Sec. Amended by Acts 1995, 74th Leg., ch. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. 76, Sec. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. June 17, 2011. DEFINITIONS. The commission may retain that revenue in the fund for as long as necessary to pay prizes claimed during the period designated for claiming a prize in the multijurisdiction lottery game. Sec. 4.03(b), eff. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. (b) The commission shall conduct an investigation of and 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) the executive director or a prospective executive director; or. 6.15, eff. Amended by Acts 1995, 74th Leg., ch. 37), Sec. (a) Subject to Subsection (b), a natural person who is a prize winner of a lottery prize in an amount equal to $1 million or more, or who is an owner of a beneficial interest in a legal entity that is a prize winner of a lottery prize in an amount equal to $1 million or more, may on the date the winner claims the prize choose to remain anonymous and prohibit all personally identifiable information from being released to the public. DEFINITION. 689 (H.B. (b) A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock. Sept. 1, 1999. 4.03(b), eff. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. 6.27, eff. Aug. 30, 1993. The . Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sec. First, Karam has been charged with grand theft. Sec. 323 (H.B. September 28, 2011. 6.07, eff. (b) Money received by a sales agent from the sales of tickets, less the amount retained for prizes paid by the sales agent or for the agent's commission, if any, together with any unsold tickets, shall be held in trust for the benefit of the state before delivery to a lottery operator or the division or electronic transfer to the state treasury, and the sales agent is liable to the division for the full amount of the money or unsold tickets so held. In Iowa, theft of a lottery ticket is a class D felony, putting you at risk of up to 5 years in prison and fines of up to $10,245, plus surcharges and court costs associated with the conviction . Sec. 6.01, eff. (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. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. September 1, 2017. Sept. 1, 1995. 76, Sec. 76, Sec. (c) The director may authorize a sales agent to pay a prize in an amount less than $600 after performing procedures to validate the winning ticket as required by the director. 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. 76, Sec. 1, eff. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. Sec. 7, eff. The executive director shall appoint a deputy to administer the department. 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. CHANGE IN APPLICATION INFORMATION. Added by Acts 1993, 73rd Leg., ch. (1) "Adult" means an individual who is at least 18 years of age. A thief who stole two whole bins of Texas Lottery scratch-off tickets from a gas station has been caught by police after he attempted to cash in a prize. Added by Acts 1993, 73rd Leg., ch. Tampering with a lottery ticket can have serious consequences. 17.19(5), eff. Sec. Sept. 1, 1999. TITLE 7. 1128, Sec. Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. May 26, 2017. Sec. (c) The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. (a) The commission shall adopt all rules necessary to administer this chapter. MINORITY BUSINESSES. (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. Added by Acts 1993, 73rd Leg., ch. (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. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 1420, Sec. Sec. CONSPIRACY. (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. Each of those items is subject to discovery by a person that is the subject of the item. 431 (S.B. (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. 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) Except as provided by Subsection (b), the executive director may not award a contract for the purchase or lease of facilities, goods, or services related to lottery operations to a person who would be denied a license as a sales agent under Section 466.155. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. Sec. 466.022. 4.03(b), eff. 466.014. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. (b) An offense under this section is a Class A misdemeanor. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 466.156. Sec. (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. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) Added by Acts 2017, 85th Leg., R.S., Ch. 76, Sec. 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, 2003; Acts 2003, 78th Leg., ch. 107, Sec. On receipt of notice by the Department of Public Safety that the Statewide Texas Amber Alert Network has been activated, the commission shall disseminate Amber Alert information at its retail locations through the lottery operator system. 2197), Sec. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. This subsection does not require a commission member to sign the contract. 466.303. 792, Sec. September 1, 2017. 993 (H.B. 6.12, eff. 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.. OFFENSES AGAINST PROPERTY. Search Texas Statutes. Sept. 1, 2001. Amended by Acts 1995, 74th Leg., ch. (e) If the winnings of a prize winner exceed the amount deducted under Subsection (b) or (c) and Section 466.407 or any other section of this chapter allowing a deduction from the winnings of a prize winner, the executive director shall pay the balance to the prize winner. 1385 (S.B. If a sales agent's rental payments for premises are contractually computed in whole or in part on the basis of a percentage of the lessee's retail sales and if the computation of the lessee's rental payment is not explicitly defined to include sales of tickets in a state-operated lottery, the compensation received by the sales agent from the lottery is considered to be the net amount of the lessee's retail sales of tickets for the purpose of computing the rental payment. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 107, Sec. 51, eff. (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. 107, 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. 466.107. June 17, 2005. Aug. 30, 1993. The maximum penalty is a year of imprisonment. Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. On July 19 at 3:00 am . 466.309. Acts 2011, 82nd Leg., 1st C.S., Ch. (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. 4.03, eff. June 19, 2009. 394, Sec. Sec. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 5.95(50), 6.24, eff. DEFINITIONS. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. September 1, 2013. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 466.406. MULTIJURISDICTION AGREEMENT AUTHORIZED. 6.46, eff. 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" (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. Sept. 1, 2001. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. (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. Recent Changes to the Laws. Acts 2011, 82nd Leg., R.S., Ch. 107, Sec. The report must be in the form and reported in the time provided by the General Appropriations Act. Added by Acts 1993, 73rd Leg., ch. Sec. (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. GROUP PURCHASE ARRANGEMENTS. 466.255 and amended by Acts 1995, 74th Leg., ch. 31.03 (b) (1). GEORGETOWN, Tx. Added by Acts 1993, 73rd Leg., ch. 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