Added by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (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. (a) A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. Sec. June 17, 2011. 2, eff. Acts 2003, 78th Leg., ch. 4.03(b), eff. 466.308. Amended by Acts 1999, 76th 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. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. 6.10, eff. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. (5) has violated this chapter or a rule adopted under this chapter. 4.03(b), eff. Aug. 30, 1993. 466.104. (b) The applicant must include an application fee with each application. 466.310. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 2001. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. (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. Texas Penal Code Chapter 29.02. The . (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. (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. Counterfeit and Altered Tickets. Added by Acts 1993, 73rd Leg., ch. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. 76, Sec. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . June 19, 2009. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. Sec. 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" 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. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. (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. (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. 6.17, eff. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . Sept. 1, 1995. 2. Aug. 30, 1993. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. 18.21, eff. Added by Acts 1993, 73rd Leg., ch. (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. 323 (H.B. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. 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. (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. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. Amended by Acts 1995, 74th Leg., ch. (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. 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. Added by Acts 1993, 73rd Leg., ch. (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. 4.03(b), eff. Aug. 30, 1993. Sept. 1, 2001. Added by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. Renumbered from Sec. Acts 2011, 82nd Leg., 1st C.S., Ch. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. 3.078, eff. 76, Sec. Once your ticket registers as a winning one in the store, the lottery will be alerted. Amended by Acts 1999, 76th Leg., ch. (C) obtain a license to sell lottery tickets; (2) waive or modify bond requirements, if feasible; (3) award contracts for lottery equipment or supplies to minority businesses when possible; (4) award contracts for lottery services, including advertising, to minority businesses when possible; (5) license minority businesses as sales agents; (6) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and. SHORT TITLE. 107, Sec. 107, Sec. 993 (H.B. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Added by Acts 1993, 73rd Leg., ch. For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021 (Ownership of Exotic Wildlife and Fowl), Agriculture Code, if the animal is an estray. (b) A district court shall issue an order approving a voluntary assignment and directing the commission to direct prize payments in whole or in part to the assignee if: (1) a copy of the petition for the order and copies of all notices of any hearing in the matter have been served on the executive director not later than 20 days prior to any hearing or entry of any order. (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. 4.03, 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. RULES. 466.253 and amended by Acts 1995, 74th Leg., ch. Within 20 days of receipt of the court order, the commission shall acknowledge in writing to both the assignor and the assignee its receipt of said court order. 76, Sec. texas penal code theft of lottery tickets. Aug. 30, 1993. (a) A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game. The executive director shall reimburse the department for the actual cost of an investigation. First, Karam has been charged with grand theft. PREFERENCE FOR TEXAS BUSINESSES. Amended by Acts 1995, 74th Leg., ch. 66, eff. 4.03(b), eff. 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. June 17, 2005. (2) an employee or prospective employee of the commission. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Added by Acts 2011, 82nd Leg., R.S., Ch. 466.252. 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. Sec. 466.253 and amended by Acts 1995, 74th Leg., ch. 4, eff. Sept. 1, 1995. (2) fails to maintain or make an entry the person knows is required to be maintained or made. The study must include the income, age, sex, race, education, and frequency of participation of players. (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. Sept. 1, 1995. (b) The comptroller periodically shall file reports with the executive director providing information regarding the revenue credited to the state lottery account, the investments of the money in the account, and the distributions made from the account. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (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). 1385 (S.B. June 19, 1999. (b) An offense under this section is a Class C misdemeanor. September 1, 2013. 626), Sec. i bought a flip or flop house. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. PROHIBITED ADVERTISEMENTS. Added by Acts 1993, 73rd Leg., ch. Tex. 76, Sec. DELIVERY OF FUNDS. (i) Notwithstanding any other provision of this section, there will be no right to assign prize payments following: (1) the issuance, by the Internal Revenue Service, of a technical rule letter, revenue ruling, or other public ruling of the Internal Revenue Service that determines 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; or. (b) If a lottery game involves a drawing, the drawing must be open to the public. 6.16, eff. (e) The director may provide for a sales agent to pay amounts received for the sale of tickets directly to an officer or employee of the division for immediate deposit in the state treasury. 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. SALE OF TICKET ON CREDIT. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. Sec. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. 4.03(b), eff. For the purpose of carrying out this chapter, the executive director or state auditor may examine all books, records, papers, or other objects that the executive director or state auditor determines are necessary for conducting a complete examination under this chapter and may also examine under oath any officer, director, or employee of a lottery operator or sales agent. 466.016. (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. 78, eff. 1178, Sec. 466.015. The commission shall adopt rules governing the competitive bidding process. Sec. Amended by Acts 1995, 74th Leg., ch. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Sec. (a) The executive director shall prescribe the form of tickets. 466.4075. (c) An offense under this section is a felony of the third degree. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. 1, eff. Sec. MULTIJURISDICTION AGREEMENT AUTHORIZED. (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. 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