466.012. 466.158. 8.21, eff. 165, Sec. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. Amended by Acts 1995, 74th Leg., ch. 1423, Sec. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. 198, Sec. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Acts 2011, 82nd Leg., 1st C.S., Ch. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. 1153, Sec. Sept. 1, 1995. 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. 107, Sec. Sec. 403 (S.B. TITLE 7. 6.26, eff. Added by Acts 1993, 73rd Leg., ch. 689 (H.B. (a) A license issued under this chapter expires on: (1) the death of a sales agent who is an individual; (2) the dissolution of a sales agent that is not an individual; or. (b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: In Iowa, theft of a lottery ticket is a class D felony, putting you at risk of up to 5 years in prison and fines of up to $10,245, plus surcharges and court costs associated with the conviction . 466.255 and amended by Acts 1995, 74th Leg., ch. TICKETS. Added by Acts 1993, 73rd Leg., ch. 76, Sec. The executive director shall transfer the money deducted under Subsection (b) or (c) to the appropriate person as determined by court order, the clerk of the court that issued the order for placement in the registry of the court, or the state disbursement unit under Chapter 234, Family Code, as appropriate. (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. Sec. 466.352. 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.. ENFORCEMENT. 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. (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. EXEMPTION FROM TAXATION. 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. (8) "Player" means a person who contributes any part of the consideration for a ticket. CHAPTER 32. PENAL CODE. Sept. 1, 2001. 993 (H.B. PAYMENT OF COSTS AUTHORIZED. Acts 2013, 83rd Leg., R.S., Ch. Sec. 466.028. (b) If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner. 6.31, eff. 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 . An offense under this section is a Class A misdemeanor. Amended by Acts 1995, 74th Leg., ch. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. . (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 . (b) The commission shall review and must approve all major procurements as provided by commission rule. (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. 466.014. 1 / 163. 466.002. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. PROCUREMENTS. Amended by Acts 1995, 74th Leg., ch. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. Sec. Sept. 1, 1995. (d) The director may provide for a sales agent to retain from the money received from the sale of tickets the amount of prizes paid by the agent or the agent's commission, if any, and may establish how often the agent will make settlement payments to the treasury. (2) "Director" means the director of the division. The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first. 107, Sec. 1158, Sec. Sept. 1, 1999. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. Aug. 30, 1993. Sept. 1, 1999. Added by Acts 1993, 73rd Leg., ch. 466.101. 626), Sec. 76, Sec. 1394, Sec. The commission may adopt rules relating to a multijurisdiction lottery game or games. Aug. 30, 1993. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). 6.12, eff. 76, Sec. This app contains statutes current with the 87th Legislature. The . (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. 466.357. (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or sales agent is entitled to written notice of the time and place of the hearing. SHORT TITLE. 107, Sec. U.S.C. (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. Added by Acts 1993, 73rd Leg., ch. September 1, 2021. 466.251. Sept. 1, 1995. (3) "Division" means the lottery division established by the commission under Chapter 467. (a) Repealed by Acts 2011, 82nd Leg., ch. Larceny of tickets; fraudulent notification of prizes; penalty. Aug. 30, 1993. 1, eff. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. (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. 107, Sec. (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. 323 (H.B. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1.51, eff. (6) "Lottery game" includes a lottery activity. (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. (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. Sec. (a) The department of security shall supervise ticket validation and lottery drawings. 4, eff. 1035, Sec. 2.72(b). LICENSE REQUIRED. Aug. 30, 1993. Renumbered from Sec. (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. 466.202. Sept. 1, 1995. Sept. 1, 1995. 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, 1995. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. 165, Sec. 993 (H.B. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. 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. 6.21, eff. 458, Sec. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. Acts 2013, 83rd Leg., R.S., Ch. (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal. The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. Added by Acts 1993, 73rd Leg., ch. 466.203. Please call us at (512) 463-1722 if you have any questions about these materials. 466.015. (F) information obtained by commission security officers or investigators; (13) the development and availability of a model agreement governing the division of a prize among multiple purchasers of a winning ticket purchased through a group purchase or pooling arrangement; (14) the criteria to be used in evaluating bids for contracts for lottery facilities, goods, and services; or. 107, Sec. the person has previously been convicted of an offense under Section 466.306 (Forgery; Alteration of Ticket), 466.307 (Influencing Selection of Winner), 466.309 (Tampering With Lottery Equipment), 466.310 (Certain Transfers of Claims), or this section, in which event the offense is a felony of the third degree, unless the offense is designated . If the director denies an application for a license based on a factor listed in Section 466.154, the director shall refund one-half of the application fee to the applicant. Sept. 1, 1995. (f) A certified copy of a court order granted under this section shall be delivered to the commission and such order must be provided to the commission no later than 20 days prior to the date upon which the first assigned payment is to be paid to the assignee. 2.72(b), eff. 466.302. The account consists of all revenue received from the sale of tickets, license and application fees under this chapter, and all money credited to the account from any other fund or source under law. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 466.401. 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. Sec. (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. (Tex. 626), Sec. (b) An offense under this section is a Class C misdemeanor. 6.08, eff. Sept. 1, 1995. 466.453. (c) A person commits an offense if the person violates this section. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. If the director determines that more than one claimant has been awarded a specific unpaid prize in a specific lottery game, each claimant is entitled only to an equal share of the prize. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. Sept. 1, 1995. 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. 466.155. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. If the director denies an application based on another factor, the director may not refund any part of the application fee. Sec. (a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game. 466.411. SALE OF TICKET ON CREDIT. Sept. 1, 1997; Acts 2001, 77th Leg., ch. texas penal code theft of lottery tickets. Theft From a Person. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. 76, Sec. 466.402. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. Added by Acts 1993, 73rd Leg., ch. 107, Sec. PROHIBITED CONTRACTS. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997. The player also acknowledges that the determination of whether the player is a valid winner is subject to: (1) the commission's rules and claims procedures, including those developed for the particular lottery game involved; and. Sec. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. 76, Sec. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. Sept. 1, 2001. 2197), Sec. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . DEMOGRAPHIC STUDIES. 466.4001. 107, Sec. 76, Sec. (3) in default on a loan guaranteed under Chapter 57, Education Code. 4.03(b), eff. 466.022. 6.17, eff. If you do steel then too, it's not like you can cash them either because we have a button on the terminal that stops payment on all tickets sold at the store until we. 696, Sec. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. 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. 76, Sec. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. (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. 4.03(b), eff. 544, Sec. APPLICABILITY OF OTHER LAW. 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) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as . (2) any validation tests established by the commission for the particular lottery game involved. 4.03(b), eff. 76, Sec. 59), Sec. HB 2168, effective June 8, 2021, amended the Professional Sports Team . 466.405. 12.34 Third Degree Felony Punishment (a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years. Sec. Aug. 30, 1993. Sept. 1, 1997; Acts 2001, 77th Leg., ch. June 17, 2011. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) 76, Sec. Acts 2013, 83rd Leg., R.S., Ch. 107, Sec. (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. REVENUE FROM MULTIJURISDICTION LOTTERY. 6.01, eff. (a) The executive director shall prescribe the form of tickets. (c) An offense under this section is a felony of the third degree. 781, Sec. (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. 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. September 28, 2011. Sept. 1, 1995. (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. Added by Acts 1993, 73rd Leg., ch. (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. 466.110. Sec. (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. Added by Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (b) If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. (a) The commission shall adopt all rules necessary to administer this chapter. (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. 993 (H.B. 1, eff. PUBLICITY OF INDIVIDUALS PROHIBITED. September 1, 2009. 1545), Sec. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. 107, Sec. SUMMARY SUSPENSION OF LICENSE. Added by Acts 1993, 73rd Leg., ch. Sec. (d) A separate license is required for each location at which tickets are to be sold. 466.355. Texas Penal Code Sec. Retail Theft (Shoplifting) Under Texas Law. In this subchapter, "prize winner" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments. 2013, 83rd Leg., ch Texas Penal Code 47.02 is a felony, director. K ) section 9.406, Business & Commerce Code, does not apply to payments! 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