texas penal code theft of lottery tickets

Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 2482), 4. 76, Sec. 1420, Sec. Sec. (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. 466.303. 107, Sec. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. Aug. 30, 1993. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 4.03, eff. 6.16, eff. > texas penal code theft of lottery tickets. 5, eff. Sec. Sec. (B) is a domestic business entity with a home or branch office located in this state and is not a branch or subsidiary of a foreign corporation, firm, or other business entity. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. Sept. 1, 1995. 201, 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. Added by Acts 1993, 73rd Leg., ch. The executive director shall reimburse the department for the actual cost of an investigation. (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. (a) The state lottery account is a special account in the general revenue fund. Added by Acts 1993, 73rd Leg., ch. (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. COMPENSATION OF SALES AGENT. (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. 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. 6.05, eff. Added by Acts 1995, 74th Leg., ch. (b-1) Notwithstanding Subsection (b), if the legislature appropriates money from the general revenue fund to the programs described by Subsection (b) in an amount equal to the maximum amount of money that could be appropriated from unclaimed prize money to those programs under that subsection, all unclaimed prize money must be deposited to the credit of the foundation school fund. 1, 2, eff. If notice is served by mail, the sales agent shall immediately return the license to the commission. (3) in default on a loan guaranteed under Chapter 57, Education Code. 993 (H.B. Search Texas Statutes. TICKET VALIDATION; DRAWINGS. 466.159. Sec. 4.03(b), eff. 626), Sec. 2, eff. 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. June 7, 2019. 466.410. 466.015. 17.19(5), eff. 678, Sec. (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. 466.204. 1178, Sec. On July 19 at 3:00 am . If the director denies an application based on another factor, the director may not refund any part of the application fee. 466.1005. Aug. 30, 1993. IMMUNITY; CIVIL ACTIONS. 8, 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. Amended by Acts 1999, 76th Leg., ch. 466.3012. Sept. 1, 1997. (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. 76, Sec. 76, Sec. (3) offers, for compensation, to claim the prize of another person. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. CONFIDENTIAL INFORMATION. Added by Acts 1993, 73rd Leg., ch. September 1, 2013. Added by Acts 1993, 73rd Leg., ch. A notice may be served on an applicant or sales agent personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. SALE OF TICKET BY UNAUTHORIZED PERSON. 466.026. SALE OF TICKET AT UNAUTHORIZED LOCATION. 1394, Sec. 76, Sec. Sec. Lottery ticket fraud of this type can be punished under multiple laws. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . 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. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. Sept. 1, 1995. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. 1, eff. Aug. 30, 1993. (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. (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. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. Sept. 1, 1995; Acts 1999, 76th 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. 6.04, eff. (4) all prize money subject to this section and not deposited or appropriated in accordance with Subdivision (1), (2), or (3) shall be deposited to the credit of the foundation school fund. Amended by Acts 1995, 74th Leg., ch. Terms in this set (285) Objectives of Code. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. 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. Search Texas Statutes. Sec. Aug. 30, 1993. (B) the remainder to the foundation school fund. 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 . (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. (5) the object offense was not actually committed. 107, Sec. Added by Acts 1993, 73rd Leg., ch. 1.51, eff. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. (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. 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. 466.3011. Robbery is a 2d degree felony in Texas. 107, Sec. Sec. Sept. 1, 1997. 4, eff. Added by Acts 1993, 73rd Leg., ch. Sec. 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. Sept. 1, 1995. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. 943 (H.B. Aug. 30, 1993. 403, Sec. (a) Except as provided by this section, revenue received from the sale of tickets in this state for a multijurisdiction lottery game is subject to Subchapter H. (b) The commission may deposit a portion of the revenue received from the sale of multijurisdiction lottery game tickets in this state into a fund shared with other parties to an agreement under this subchapter for the payment of prizes awarded in multijurisdiction lottery games in which the commission participates. Amended by Acts 1995, 74th Leg., ch. Added by Acts 2013, 83rd Leg., R.S., Ch. VETERANS' ASSISTANCE GAME. 3.04(a), eff. Sept. 1, 1995. 6.12, eff. Tampering with a lottery ticket can have serious consequences. 37), Sec. 4.03(b), eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 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. Texas Penal Code Sec. Sept. 1, 1999. After conducting investigations, the executive director, a person designated by the commission, or any law enforcement agency may file a complaint with the district attorney of Travis County or with the district attorney of the county in which a violation is alleged to have occurred. HB 2168, effective June 8, 2021, amended the Professional Sports Team . 1, eff. (a) This section applies only to a prize that is awarded by the director under Section 466.402(b), including a prize paid in periodic installments. PREFERENCE FOR TEXAS BUSINESSES. 6.14, eff. 4.03(b), eff. 506 (S.B. Sept. 1, 1995. 107, Sec. 6.27, eff. Sept. 1, 1995. (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. Division employees are specifically exempted from Chapter 654. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 107, Sec. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. DEFINITIONS. 993 (H.B. VENUE. 107, Sec. PAYMENT OF PRIZES GENERALLY. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Sept. 1, 1999. 4.03(b), eff. 32.01. Added by Acts 1993, 73rd Leg., ch. APPLICABILITY OF OTHER LAW. 76, Sec. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. The full language of the code section reads: (a) A sales agent is liable to the division for all tickets accepted or generated by the sales agent or any employee or agent of the sales agent, and tickets shall be deemed to have been purchased by the sales agent unless returned to the division within the time and manner prescribed by the division. (a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. LIABILITY OF SALES AGENT. california state library staff. 466.307. Sec. 466.408. 107, Sec. 1128, Sec. June 17, 2011. 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. 993 (H.B. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). June 17, 2011. 5.95(94), 6.09, eff. (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. MULTIJURISDICTION AGREEMENT AUTHORIZED. AGGREGATION OF AMOUNTS INVOLVED. 466.016. 3560), Sec. (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 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. 4.03(b), eff. Sec. Sept. 1, 1997. 993 (H.B. 1, eff. 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