Aug. 30, 1993. 1. SHORT TITLE. Payments made to the executive director under this subsection shall be deposited in the general revenue fund and may be used to reimburse the Department of Public Safety for the actual costs of an investigation. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 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. Sept. 1, 1995. REPORTING AND RECORD VIOLATIONS. 466.358. Sec. 466.311. (2) expenses of operating the lottery and paying prizes are not expenses of state government. Sept. 1, 1995. (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. LICENSE REQUIRED. 466.022. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 626), Sec. 6.06, eff. 76, Sec. Added by Acts 1993, 73rd Leg., ch. 107, Sec. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. Aug. 30, 1993. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Renumbered from Sec. June 17, 2011. Aug. 30, 1993. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. 1423, Sec. texas penal code theft of lottery tickets. Acts 2013, 83rd Leg., R.S., Ch. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. 466.159. Amended by Acts 1995, 74th Leg., ch. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) 4.03(b), eff. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. Acts 2013, 83rd Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (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. Sept. 1, 1995. (a) The department of security shall supervise ticket validation and lottery drawings. (2) an employee or prospective employee of the commission. 626), Sec. Added by Acts 1995, 74th Leg., ch. June 7, 2019. Aug. 30, 1993. 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" 6.17, eff. Search Texas Statutes. 6.47, eff. (b) The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division. (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. Sept. 1, 1995. 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 . The investments may be in securities, annuities, or other instruments as determined by the comptroller. (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. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 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. (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). Sec. LIABILITY OF SALES AGENT. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. 1, eff. 17.19(5), eff. 76, Sec. Added by Acts 2017, 85th Leg., R.S., Ch. 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. Added by Acts 1993, 73rd Leg., ch. 1, 2, eff. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . Penal Code 47.03 creates an offense for gambling promotion. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. SECURITY. 6.28, eff. Sept. 1, 1999. (a) The division shall retain an unclaimed prize on a winning ticket for payment or delivery to the person entitled to the prize for 180 days after the date on which the winner was selected. 76, Sec. (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. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Sec. what is a wood router good for; bts associate director salary; (D) the director of the lottery division of the Texas Lottery Commission. i bought a flip or flop house. 466.357. 3.01, eff. Sec. Sec. 4.03(b), eff. 107, Sec. Sept. 1, 1995. AUDITS. (d) It is a defense to the application of Subsection (b) that the individual younger than 18 years of age is participating in an inspection or investigation on behalf of the commission or other appropriate governmental entity regarding compliance with this section. Sec. 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 76, Sec. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . Sept. 1, 1995; Acts 1997, 75th Leg., ch. (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. 4.03(b), eff. 3, eff. (a) The director and each lottery operator shall determine the compensation to be paid to sales agents for the sale of tickets as provided by this section. (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. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. 6.48, eff. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. Added by Acts 1993, 73rd Leg., ch. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). Amended by Acts 1995, 74th Leg., ch. 993 (H.B. Sec. An offender can also receive enhanced penalties for preventing or . Aug. 30, 1993. Terms in this set (285) Objectives of Code. 6.21, eff. At the end of each shift, the clerks have to run a report that reflects the lottery purch. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. (b) Payment of prize payments not previously assigned as provided by this section or Section 466.410 shall be made to the estate of a deceased prize winner if the prize winner was an individual. 76, Sec. (b) The executive director may establish a provisional license or other classes of licenses necessary to regulate and administer the quantity and type of lottery games provided at each licensed location. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 506 (S.B. September 28, 2011. (a) If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor. AMBER ALERT. (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. 3), Sec. 6.36, eff. 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. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. 76, Sec. PROHIBITED ADVERTISEMENTS. 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. (b) The commission as frequently as the commission determines appropriate shall review the comprehensive business plan and at least annually hold a public meeting to discuss the plan or updates to the plan. 6.34, eff. 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. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. (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. 1128, Sec. 76, Sec. (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. 76, Sec. U.S.C. Sept. 1, 1995; Acts 1999, 76th Leg., ch. September 1, 2007. (8) "Player" means a person who contributes any part of the consideration for a ticket. 107, Sec. PAYMENT OF COSTS AUTHORIZED. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (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. (In California, for any prize over $350,000, an investigation is automatically launched.) (h) In this section: (1) 1420, Sec. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET BY UNAUTHORIZED PERSON. A. CONFIDENTIAL INFORMATION. 76, 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. (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. 1394, Sec. Amended by Acts 1995, 74th Leg., ch. 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. 5.95(94), 6.09, eff. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. June 15, 2001; Acts 2003, 78th Leg., ch. 678, Sec. 466.027. HB 2168, effective June 8, 2021, amended the Professional Sports Team . 6.27, eff. 6.10, eff. (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. Added by Acts 1993, 73rd Leg., ch. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. Sec. CONFIDENTIAL INFORMATION. 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. 2482), 4. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. Amended by Acts 1997, 75th Leg., ch. Aug. 30, 1993. 58.1-4018.1. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Added by Acts 2005, 79th Leg., Ch. Texas Lottery Retailer Support (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. 4, eff. 1, eff. 466.313. 626), 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. 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