6.30, eff. Added by Acts 1993, 73rd Leg., ch. 1394, Sec. Sec. 4.03(b), eff. Added by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 1, eff. 466.312. 466.256. 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. 466.027. 4.03(b), eff. June 19, 2009. 76, Sec. 592, Sec. ANNUAL REPORT. Sec. 6.04, eff. (1) "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that: (A) is managed and, in daily operations, is controlled by minority group members; and. (a) The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. 5, eff. From time to time, they would not pay for some of the tickets, and as their habit progressed they ended up taking nearly $2-$3 Thousand dollars worth of tickets - with earnings amounting to no more than $1000. This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410. 466.012. 1353, Sec. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. DEFINITIONS. Added by Acts 1993, 73rd Leg., ch. (d) A person designated to receive payment on behalf of a minor has the powers and duties of a custodian under Chapter 141, Property Code. Added by Acts 1993, 73rd Leg., ch. 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 . 466.204. Acts 2011, 82nd Leg., R.S., Ch. 4.03(b), eff. (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. 201, Sec. (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. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). 466.017. (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. (a) The executive director may request the cooperation of the Department of Public Safety to perform a background investigation of a person listed in Section 466.201(a) or (b). An offender can also receive enhanced penalties for preventing or . 466.101. 626), Sec. 6.34, eff. APPLICABILITY OF OTHER LAW. Sept. 1, 1997. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Aug. 30, 1993. (c) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age. 1 / 163. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. June 17, 2011. 466.019. 466.153. 1394, Sec. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. CLAIMING LOTTERY PRIZE BY FRAUD. Amended by Acts 1995, 74th Leg., ch. 678, Sec. RULES. (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. 689 (H.B. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. Added by Acts 2011, 82nd Leg., R.S., Ch. Aug. 30, 1993. 76, Sec. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. Added by Acts 1993, 73rd Leg., ch. Sec. (b) If a lottery game involves a drawing, the drawing must be open to the public. (b) If equipment or supplies produced in this state or services or advertising offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 107, Sec. GENERAL PROVISIONS. Sec. (6) "Lottery game" includes a lottery activity. 466.253 and amended by Acts 1995, 74th Leg., ch. Sec. June 19, 2009. 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 . Sept. 1, 1995. 37), Sec. LICENSE REQUIRED. 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. (D) the director of the lottery division of the Texas Lottery Commission. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. 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. Aug. 30, 1993. 1394, Sec. 466.026. Sec. 1, eff. 76, Sec. 107, Sec. 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. 76, Sec. 466.021. 8, eff. DEFINITIONS. 1655), Sec. (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. The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor. (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. Lottery ticket fraud can be punished under several California laws. Added by Acts 1993, 73rd Leg., ch. September 1, 2021. 76, Sec. 1, 2, eff. Sept. 1, 1995. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. (c) An offense under this section is a felony of the third degree. 696, Sec. 76, Sec. PREFERENCE FOR TEXAS BUSINESSES. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Amended by Acts 1999, 76th Leg., ch. Sec. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. Sec. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. Retailer fails to monitor the machine as required to prevent sales to minors. Added by Acts 1993, 73rd Leg., ch. 993 (H.B. Sec. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. (b) A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock. 1423, Sec. 993 (H.B. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. 466.3051. Division employees are specifically exempted from Chapter 654. LICENSE APPLICATION; FEE. Aug. 30, 1993. 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 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. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Sept. 1, 1995. IMMUNITY; CIVIL ACTIONS. Amended by Acts 1995, 74th Leg., ch. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. FORGERY; ALTERATION OF TICKET. 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. 1, eff. 466.3053. Amended by Acts 1995, 74th Leg., ch. 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. Sec. Amended by Acts 1995, 74th Leg., ch. 466.023. Sept. 1, 2003. If notice is served by mail, the sales agent shall immediately return the license to the commission. 6.21, eff. Aug. 30, 1993. Sept. 1, 1995. AMBER ALERT. 107, Sec. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. Aug. 30, 1993. 25030004 forge alter lottery ticket >$10k 466.306(a) gc f2 25030005 forge alter lottery ticket <=$10k 466.306(a) gc f3 . (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 6.14, 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. Sept. 1, 1995; Acts 2003, 78th Leg., ch. (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. (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. Acts 2011, 82nd Leg., 1st C.S., Ch. (a) By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved. 466.313. (In California, for any prize over $350,000, an investigation is automatically launched.) 466.102. (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. At the end of each shift, the clerks have to run a report that reflects the lottery purch. 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. 6.47, eff. 6.31, eff. PROHIBITED ADVERTISEMENTS. 76, Sec. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. 466.252. 4.03(b), eff. Acts 2011, 82nd Leg., R.S., Ch. 4.03(b), eff. 198, Sec. Amended by Acts 1995, 74th Leg., ch. (b-1) A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to Section 2001.058(e). 107, Sec. Sec. INFLUENCING SELECTION OF WINNER. THEFT. 1, eff. Sept. 1, 1995. Aug. 30, 1993. Sept. 1, 1995. 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. In this chapter: (1) "Commission" means the Texas Lottery Commission. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. (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. 78, eff. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. An independent certified public accountant must witness the drawing. Sept. 1, 1995. 3, eff. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. 2.72(b). 4.03(b), eff. 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. (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. 2.72(b), eff. September 1, 2013. (c) A person commits an offense if the person violates this section. 466.358. 58.1-4018.1. 76, Sec. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. Sec. The commission shall provide for a formal administrative hearings process. 107, Sec. Search Texas Statutes. 6.08, eff. 6.07, eff. The Texas State Law Library has many other resources in addition to the highlights we present below. 6.22, eff. 1153, Sec. The state auditor may review the results of and working papers related to the audit. A notice must be served or mailed not later than the 20th day before the date of the hearing. Sept. 1, 2001; Acts 2001, 77th Leg., ch. The . 466.159. Aug. 30, 1993. Once your ticket registers as a winning one in the store, the lottery will be alerted. (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. 466.401. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. (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). Sec. DEFINITIONS. Sec. (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. Sec. (2) expenses of operating the lottery and paying prizes are not expenses of state government. Sept. 1, 1995. (5) "Lottery" means the procedures operated by the state under this chapter through which prizes are awarded or distributed by chance among persons who have paid, or unconditionally agreed to pay, for a chance or other opportunity to receive a prize. 1, eff. June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. Each of those items is subject to discovery by a person that is the subject of the item. 76, Sec. Sec. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. 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. 107, Sec. Sec. Added by Acts 2005, 79th Leg., Ch. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 76, Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. CONFIDENTIAL INFORMATION. 466.353. Acts 2013, 83rd Leg., R.S., Ch. 3.04(a), eff. (e) No organization that would otherwise be eligible to receive funds from the state lottery account attributable to any lottery game authorized by this section may receive any such funds if it conducts illegal gambling or the illegal operation of gambling devices as defined by Chapter 47, Penal Code, or allows illegal gambling or the illegal operation of gambling devices to be conducted on its property or in its facilities. 403 (S.B. (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. Sec. Acts 2013, 83rd Leg., R.S., Ch. BOND; INSURANCE. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 76, Sec. 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