76, Sec. (2) an instant game after the expiration of the 180th day following the official "end of game" as determined by the commission. 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. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. (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. Sept. 1, 1995. SUBCHAPTER J. 2509), Sec. CLAIMING LOTTERY PRIZE BY FRAUD. 6.17, eff. TICKET VALIDATION; DRAWINGS. 4.03(b), eff. Sept. 1, 1995. (2) fails to maintain or make an entry the person knows is required to be maintained or made. 107, Sec. Aug. 30, 1993. September 1, 2019. (3) in default on a loan guaranteed under Chapter 57, Education Code. (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. Sec. Added by Acts 1993, 73rd Leg., ch. The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report. June 17, 2011. (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. 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 . (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. DEFINITIONS. Added by Acts 1993, 73rd Leg., ch. 198, Sec. 466.305. 76, Sec. (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 misrepresentation. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. Aug. 30, 1993. 466.3012. 1385 (S.B. 403 (S.B. 466.311. 4.03(b), eff. Added by Acts 2005, 79th Leg., Ch. Sec. (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. 2, eff. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. Amended by Acts 1995, 74th Leg., ch. 4, eff. The acquisition of transmission facilities must be done on a competitive bid basis if possible. Sept. 1, 1995. PROHIBITED ADVERTISEMENTS. This chapter may be cited as the State Lottery Act. VETERANS' ASSISTANCE GAME. Acts 2009, 81st Leg., R.S., Ch. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. 165, Sec. 4.03(b), eff. 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 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. 76, Sec. Added by Acts 1993, 73rd Leg., ch. (5) a mail order subscription on a mail order subscription form authorized by the commission. 6.35, eff. PROHIBITED GAMES. COMPREHENSIVE BUSINESS PLAN. 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. 107, Sec. A. 8.22, eff. Acts 2019, 86th Leg., R.S., Ch. 76, Sec. 466.358. 458, Sec. Added by Acts 1993, 73rd Leg., ch. According to the Texas penal code, Texas has jurisdiction of an offense for a persons conduct or conduct of another if: Click the card to flip . Aug. 30, 1993. Acts 2011, 82nd Leg., R.S., Ch. 32.01. Petty theft is a misdemeanor punishable by. 7, eff. 107, Sec. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. First, consider the primary form of theft known as larceny theft. (c) The executive director may award a contract for lottery supplies or services, including a contract under Subsection (b), pending the completion of any investigation authorized by this chapter. 76, Sec. 17.19(5), eff. (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. Sec. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. (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. Aug. 30, 1993. STATE LOTTERY ACCOUNT. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. 76, Sec. (a) Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure. (b) An individual who is younger than 18 years of age commits an offense if the individual: (2) falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket. (e) The director may not issue a license to a person who has previously had a license under this chapter revoked unless the director is satisfied the person will comply with this chapter and the rules adopted under this chapter. 466.021. Amended by Acts 1995, 74th Leg., ch. 466.101. Sept. 1, 1997. DEFINITIONS. 76, Sec. DEPARTMENT OF PUBLIC SAFETY RECORDS. (a) The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter. 2197), Sec. (3) "Minor" means an individual who is younger than 18 years of age. (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. (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. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Aug. 30, 1993. 466.4075. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. (c) The commission shall market and advertise the lottery game operated under this section in a manner intended to inform the public that the game tickets are available for purchase and that the game proceeds are used to fund veterans programs in this state. 76, Sec. Tex. (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. (b) In the event of a single payment, the executive director shall deduct from winnings of the prize winner an amount for delinquent child support owed by the prize winner 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. texas penal code theft of lottery tickets most tackle points in one match. GROUP PURCHASE ARRANGEMENTS. 781, Sec. 4.03(b), eff. 1963), Sec. Added by Acts 1993, 73rd Leg., ch. DELIVERY OF FUNDS. For more information, see Texas Penal Code Section 31.03(e)(4)(B). September 1, 2007. (d) A separate license is required for each location at which tickets are to be sold. 58.1-4018.1. A court order obtained pursuant to this section, together with all such prior orders, shall not require the commission to divide any single prize payment among more than three different persons. Sept. 1, 1997. September 1, 2013. 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 . 1394, Sec. For purposes of the application of Title 2 of the Tax Code: (1) the state's share of proceeds from the sale of lottery tickets is treated as if it were a tax; and. IMMUNITY; CIVIL ACTIONS. 323 (H.B. 626), Sec. Sept. 1, 1995. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. LICENSE REQUIRED. Aug. 30, 1993. TICKETS. FORGERY; ALTERATION OF TICKET. 76, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. Renumbered from Sec. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. 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. Sec. Sec. If married, the assignor shall identify his or her spouse and submit to the court a sworn and notarized statement wherein the spouse consents to the assignment. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. June 17, 2011. UNCLAIMED PRIZES. Sec. (d) The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section. (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. Amended by Acts 1995, 74th Leg., ch. The notice must state the alleged violations that constitute grounds for summary suspension. 76, Sec. 76, Sec. Acts 2013, 83rd Leg., R.S., Ch. Aug. 30, 1993. PAYMENT OF PRIZE AWARDED TO MINOR. 107, Sec. 993 (H.B. 4.03(b), eff. The commission shall adopt rules regarding the form and frequency of reports under this subsection. 3560), Sec. Sec. On July 19 at 3:00 am . Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. (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. Added by Acts 1999, 76th Leg., ch. Sec. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. 3, eff. 107, Sec. 6.38, eff. Aug. 30, 1993. The director may prescribe the terms under which a suspended license will be reissued. PROHIBITED CONTRACTS. 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. 466.016. The suspension is effective at the time the notice is served. (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. 6.01, eff. The procedures must be for the purpose of ensuring fairness and integrity. Sept. 1, 1995. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. (a) Annually, the comptroller shall review the management and operations of the lottery. 76, Sec. This app contains statutes current with the 87th Legislature. 14.760, eff. 4.03(b), eff. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. Sec. Sept. 1, 1995. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. Terms in this set (285) Objectives of Code. (E) is 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 Paragraph (D); (2) is not an individual, and an individual described in Subdivision (1): (A) is an officer or director of the applicant or sales agent; (B) holds more than 10 percent of the stock in the applicant or sales agent; (C) holds an equitable interest greater than 10 percent in the applicant or sales agent; (D) is a creditor of the applicant or sales agent who holds more than 10 percent of the applicant's or sales agent's outstanding debt; (E) is the owner or lessee of a business that the applicant or sales agent conducts or through which the applicant will conduct a ticket sales agency; (F) shares or will share in the profits, other than stock dividends, of the applicant or sales agent; or. From the Wal-Mart Fuel Center 31.03 ( e ) the director shall attempt to license businesses. 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