> texas penal code theft of lottery tickets. 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. 6.23, eff. Aug. 30, 1993. Aug. 30, 1993. 2, eff. 6.34, eff. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. 466.313. June 14, 2013. Sec. 466.004. 466.151. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. (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. DIVISION EMPLOYEES. Sec. 4.03(b), eff. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. 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. (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). 466.205. 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. TELEVISION CONTRACTS. 6(a), eff. Larceny of tickets; fraudulent notification of prizes; penalty. (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. A notice must be served or mailed not later than the 20th day before the date of the hearing. 403 (S.B. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. Sec. 76, Sec. Amended by Acts 1995, 74th Leg., ch. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. Added by Acts 1993, 73rd Leg., ch. (5) has violated this chapter or a rule adopted under this chapter. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* Sec. 4, eff. 466.028. Once your ticket registers as a winning one in the store, the lottery will be alerted. 107, Sec. 466.203. Sept. 1, 1995. Acts 2017, 85th Leg., R.S., Ch. 758), Sec. Acts 2009, 81st Leg., R.S., Ch. 466.409. Sept. 1, 1995; Acts 1997, 75th Leg., ch. PAYMENT OF PRIZE AWARDED TO MINOR. 4.03(b), eff. First, consider the primary form of theft known as larceny theft. 76, Sec. The commission shall provide the governor and the legislature, before the convening of each regular legislative session, with a summary of the security study that shows the overall evaluation of the lottery's security. 466.108. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. (3) "Division" means the lottery division established by the commission under Chapter 467. PROHIBITED GAMES. September 1, 2007. 107, Sec. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. 466.101. 466.158. (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. (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. 678, Sec. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. 626), Sec. 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). . 4.03(b), eff. (8) "Player" means a person who contributes any part of the consideration for a ticket. Sec. Added by Acts 1993, 73rd Leg., ch. 1, eff. DEFINITION. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. 466.153. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Under Penal Code 31.03(e)(4)(B), theft from a person of another - or from a human corpse or grave - is a state jail felony punishable by up to two years in state jail and up to a $10,000 fine. Please call us at (512) 463-1722 if you have any questions about these materials. Sec. ASSIGNMENT OF PRIZES. 1410 (S.B. 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. RULES. (b) If a minor is entitled to prize money on a winning ticket in an amount of $600 or more, the director may direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of an adult member of the minor's family or of the minor's guardian as custodian for the minor. Sept. 1, 1999. (3) "Minor" means an individual who is younger than 18 years of age. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. Amended by Acts 1999, 76th Leg., ch. 4.03(b), eff. DEFINITIONS. 107, Sec. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. 626), Sec. (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. Sept. 1, 2001. PAYMENT OF PRIZE IN INSTALLMENTS. DISPLAY OF LICENSE. 689 (H.B. (4) the executive director learns the sales agent has failed to disclose information that would, if disclosed, render the sales agent ineligible for a license under Section 466.155. 76, Sec. (3) the bankruptcy or receivership of a sales agent. 4.03(b), eff. AGGREGATION OF AMOUNTS INVOLVED. 6.48, 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. 1, eff. 76, Sec. 76, Sec. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. APPLICABILITY OF OTHER LAW. (b) 713 (S.B. 1275, Sec. 1. Sept. 1, 1995. Sec. (6) "Lottery game" includes a lottery activity. Sept. 1, 1997. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. Acts 2013, 83rd Leg., R.S., Ch. (2) fails to maintain or make an entry the person knows is required to be maintained or made. 466.410. (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or. (a) Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license. Second-Degree Felony Theft. 76, Sec. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. PENAL CODE. 466.3012. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. June 14, 2013. Sept. 1, 1995. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 76, Sec. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. 1035, Sec. 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. 466.3053. INFLUENCING SELECTION OF WINNER. 466.159. The commission shall adopt rules governing the competitive bidding process. (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. (c) A person commits an offense if the person violates this section. Counterfeit and Altered Tickets. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. (a) The executive director shall maintain a department of security in the commission. 466.251. Sec. CHAPTER 31. 8.21, eff. Essentially, if you take or deprive the rightful owner of their property, you can face theft charges. 1, eff. 198, Sec. Added by Acts 1995, 74th Leg., ch. 76, Sec. Sec. Texas State Offense: Gambling Promotion. 6.07, eff. The . Sept. 1, 1997. 466.152. 696, Sec. 107, Sec. 8, eff. 4.03(b), eff. (j) After receiving a letter or ruling from the Internal Revenue Service or a published decision of a court as provided by Subsection (i)(1) or (2), the executive director shall immediately file a copy of the letter, ruling, or published decision with the secretary of state. (c) An offense under this section is a Class A misdemeanor. (b) The payment of a prize in an amount of $600 or more may be made only by the director. (b) The commission shall review and must approve all major procurements as provided by commission rule. 1, eff. Aug. 30, 1993. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed (2) notwithstanding Subsection (b)(4), transfer the amount estimated in Subdivision (1) to the foundation school fund before August installment payments are made under Section 48.273, Education Code. (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. 8.22, eff. 4, eff. Added by Acts 1993, 73rd Leg., ch. 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. Terms in this set (285) Objectives of Code. This app contains statutes current with the 87th Legislature. 76, Sec. Sept. 1, 1997. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. (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. CLAIMING LOTTERY PRIZE BY FRAUD. Sec. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. Sept. 1, 1995. 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. If a sales agent refuses to permit an examination or to answer any question authorized by this subsection, the executive director may summarily suspend the license of the sales agent under Section 466.160 until the examination is completed as required. Aug. 30, 1993. Aug. 30, 1993. 2509), Sec. 1, eff. 466.019. 76, Sec. U.S.C. Aug. 30, 1993. Theft From a Person. probation, fines, restitution to the victim, and; up to 6 months of jail time. Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1999. 4.03(b), eff. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. Sept. 1, 2001. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. Added by Acts 2009, 81st Leg., R.S., Ch. 76, Sec. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. 466.026. 107, Sec. Amended by Acts 1999, 76th Leg., ch. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. June 19, 2009. 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. COMPREHENSIVE BUSINESS PLAN. 1394, Sec. 31.03 (b) (1). 3, eff. 403 (S.B. SUBCHAPTER J. Sec. SALE OF TICKET ON CREDIT. 6.06, eff. (B) an owner of a beneficial interest in a legal entity that is a lottery prize winner and who has chosen to remain anonymous under Section 466.411. 8.2, eff. 2.72(b). 6.39, eff. 466.160. 993 (H.B. June 17, 2011. 107, Sec. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. The commission may enter into a written agreement with the appropriate officials of one or more other states or other jurisdictions, including foreign countries, to participate in the operation, marketing, and promotion of a multijurisdiction lottery game or games. 6.33, eff. 458, Sec. September 1, 2017. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b). 6.36, eff. 107, Sec. 466.253 and amended by Acts 1995, 74th Leg., ch. Sept. 1, 2003. GEORGETOWN, Tx. 76, Sec. 1, eff. 59), Sec. (2) expenses of operating the lottery and paying prizes are not expenses of state government. 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. Sept. 1, 1999. Sept. 1, 2001. 107, Sec. Houston police say the display case contained $17,000 in lottery tickets. 1394, Sec. 466.317. Sept. 1, 1995. PROHIBITED ADVERTISEMENTS. 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. (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. Sec. Sec. 466.302. Sec. 76, Sec. 6.33, eff. (g) The commission shall establish and collect a reasonable fee to defray any administrative expenses associated with an assignment made under this section, including the cost to the commission of any processing fee imposed by a private annuity provider. (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). DEFINITIONS. Sec. (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. 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. Sec. (a) Repealed by Acts 2011, 82nd Leg., ch. 466.354. 107, Sec. 107, Sec. 466.020. 6.18, eff. Greg Abbott. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. Sec. 107, Sec. 2197), Sec. June 7, 2019. (h) An assignment pursuant to court order may not include or cover payments or portions of payments that are subject to any offset provided by this chapter. AMBER ALERT. 1, eff. ENFORCEMENT. Sec. Sec. Search Texas Statutes. AUDITS. 76, Sec. 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.. Amended by Acts 1995, 74th Leg., ch. 466.001. (a) The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires. Amended by Acts 1995, 74th Leg., ch. (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. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". (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. MINORITY BUSINESSES. probation,; fines, restitution and; up to 6 months in county jail. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. May 1, 2022 . Added by Acts 1993, 73rd Leg., ch. 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. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. At the end of each shift, the clerks have to run a report that reflects the lottery purch. 107, Sec. 165, Sec. A contract awarded under this subsection must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a sales agent license under Section 466.155. Added by Acts 1993, 73rd Leg., ch. (In California, for any prize over $350,000, an investigation is automatically launched.) 107, Sec. 466.106. Sec. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 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. Aug. 30, 1993. 403 (S.B. Sec. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 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. 466.401. Books Available from the State Law Library. 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. Sec. 6.31, eff. 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