6.45, eff. Aug. 30, 1993. (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. Refreshed: 2021-06-07 (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (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. June 17, 2011. 198, Sec. (e) The director may issue a license to a person only if the director finds that the person's experience, character, and general fitness are such that the person's participation as a sales agent will not detract from the integrity, security, honesty, and fairness of the operation of the lottery. Sec. Sept. 1, 1999. 466.359. Sept. 1, 1995. (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. 6.33, eff. 76, Sec. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. 4.03(b), eff. 4.03(b), eff. 6.46, eff. September 1, 2009. Aug. 30, 1993. (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. GA-0812. Added by Acts 1993, 73rd Leg., ch. (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). 792, Sec. The full language of the code section reads: (e) At least once every two years, the executive director shall employ an independent firm that is experienced in security, including computer security and systems security, to conduct a comprehensive study of all aspects of lottery security, including: (3) lottery operator and vendor security; (4) security against ticket counterfeiting and alteration and other means of fraudulent winning; (6) lottery computer, data communications, database, and systems security; (7) lottery premises and warehouse security; (8) security of distribution of tickets; (9) security of validation and payment procedures; (10) security involving unclaimed prizes; (11) security aspects of each lottery game; (12) security against the deliberate placement of winning tickets in lottery games that involve preprinted winning tickets by persons involved in the production, storage, transportation, or distribution of tickets; and. (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. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. Penal Code 459.5 PC defines the California crime of "shoplifting" as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less.PC 459.5 shoplifting is a misdemeanor punishable by. Added by Acts 1993, 73rd Leg., ch. (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. - Fast full-text search to quickly find . 678, Sec. 1555), Sec. 466.317. COMPREHENSIVE BUSINESS PLAN. Aug. 30, 1993. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . 4.03(b), eff. 466.161. 6.04, eff. 6.12, eff. 5.95(50), 6.24, eff. (b) The state may enter into a compact with another state or state government or an Indian tribe or tribal government to permit the sale of lottery tickets of this state in the state's, tribe's, or government's jurisdiction and to allow the sale of the state's, tribe's, or government's lottery tickets in this state. (2) an employee or prospective employee of the commission. (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. (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. (a) A specific prize as set forth by the prize structure of a specific lottery game may not be paid more than once. Amended by Acts 1999, 76th Leg., ch. what is a wood router good for; bts associate director salary; Added by Acts 1993, 73rd Leg., ch. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 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. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Payment of the cash equivalent of a prize other than prize money to a minor shall be made as provided by Subsections (a) and (b). Sec. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. (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. 107, Sec. 4.03(b), eff. 993 (H.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 466.309. ASSIGNMENT OF PRIZES. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. (a-1) The executive director shall deduct delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. 6.26, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 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" Sec. Aug. 30, 1993. 466.022. Sept. 1, 1997. 466.101. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. 1 / 163. STATE LOTTERY ACCOUNT. (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. 403, Sec. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. Sec. A person may not purchase a ticket or claim, collect, or receive a lottery prize or a share of a lottery prize if the person is: (1) a member, officer, or employee of a person that has a contract with the commission to sell or lease goods or services used in the operation of the lottery, and the member, officer, or employee is directly involved in selling or leasing the goods or performing the services that are the subject of the contract with the commission; (2) a member, officer, or employee of a lottery operator; (3) an officer or employee of the commission; or. (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). Sept. 1, 1995. A thief who stole two whole bins of Texas Lottery scratch-off tickets from a gas station has been caught by police after he attempted to cash in a prize. 466.155. June 19, 2009. 1655), Sec. 466.105. Sec. A 37-year-old Victorville man has been arrested more than two weeks after allegedly stealing about $5,000 in California Lottery scratcher tickets, according to the Hesperia Police Department. 466.157. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. (In California, for any prize over $350,000, an investigation is automatically launched.) Amended by Acts 1995, 74th Leg., ch. 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. 403 (S.B. (a) A person commits an offense if the person, in a license application, in a book or record required to be maintained by this chapter or a rule adopted under this chapter, or in a report required to be submitted by this chapter or a rule adopted under this chapter: (1) intentionally or knowingly makes a statement or entry that the person knows to be false or misleading; or. Added by Acts 1993, 73rd Leg., ch. 1.02, 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. 78, eff. (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. 2197), Sec. 1963), Sec. Aug. 30, 1993. DEFINITION. As prescribed by rule, each sales agent shall prominently display the license in each place of business or activity at which the sales agent sells tickets. SECURITY. (a) Repealed by Acts 2011, 82nd Leg., ch. Sec. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. 466.106. 993 (H.B. 1, eff. PROHIBITED GAMES. (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. Acts 2003, 78th Leg., ch. 76, Sec. Refreshed: 2021-06-07 107, Sec. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. (a) The commission shall adopt all rules necessary to administer this chapter. 4.03(b), eff. (3) offers, for compensation, to claim the prize of another person. A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract. 107, Sec. Search Texas Statutes. June 19, 1999. Aug. 30, 1993. Recent Changes to the Laws. 4.03(b), eff. Sept. 1, 1999. 37), Sec. 8.21, eff. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. 51, eff. 466.104. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. Sept. 1, 1995. 1, eff. 466.353. (b) The commission shall review and must approve all major procurements as provided by commission rule. May 26, 2017. Sec. The director may prescribe the terms under which a suspended license will be reissued. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. (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. 107, Sec. 4.03(b), eff. Added by Acts 2011, 82nd Leg., R.S., Ch. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. Amended by Acts 1999, 76th Leg., ch. 466.153. 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. 466.357. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. 4.03(b), eff. 6(a), eff. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". 937 (H.B. 2, eff. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 14.760, eff. 1423, Sec. 4.03(b), eff. (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. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. (6) "Lottery game" includes a lottery activity. 6.06, eff. Sept. 1, 1995. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. Sec. 107, Sec. The director shall set the fee for a renewal of a license in an amount at least sufficient to cover the cost of processing the renewal. 394, Sec. (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. The equipment must be inspected immediately before and after the drawing. Amended by Acts 1995, 74th Leg., ch. 76, Sec. Added by Acts 1993, 73rd Leg., ch. If an individual listed in Section 466.254 purchases a ticket or claims or otherwise attempts to collect or receive a lottery prize or a share of a lottery prize or an individual younger than 18 years of age directly purchases a ticket, the individual is not eligible to receive a prize or share of a prize, and the prize or share of a prize otherwise payable on the ticket is treated as an unclaimed prize as provided by Section 466.408. 6.09, eff. 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. (2) fails to maintain or make an entry the person knows is required to be maintained or made. In this chapter: (1) "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for . (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. Sec. PAYMENT OF PRIZES GENERALLY. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. Sec. Added by Acts 1993, 73rd Leg., ch. The suspension is effective at the time the notice is served. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on: (2) an employee or prospective employee of the commission; (3) a person required to be named in a license application; (4) a lottery operator or prospective lottery operator; (5) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (6) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (7) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission; (8) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; or. 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