76, Sec. Sept. 1, 1999. 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. 107, Sec. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. 5(a), eff. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. Penal Code 47.03 creates an offense for gambling promotion. Sec. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 76, Sec. Search Texas Statutes. 6.20, eff. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. Sec. (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. 466.3012. DEFINITIONS. Sec. 165, Sec. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. Sec. (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 . 76, Sec. Acts 2013, 83rd Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. May 20, 2009. 107, Sec. Sec. Aug. 30, 1993. 781, Sec. Aug. 30, 1993. 6.25, eff. 689 (H.B. 4.03(b), eff. 201, Sec. 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. 466.256. Added by Acts 1993, 73rd Leg., ch. 5.95(14), 6.13, eff. 76, Sec. 6.33, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 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. 323 (H.B. 76, Sec. 1423, Sec. Under Texas law, ( Penal Code 47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. INVESTIGATIONS. Sept. 1, 1995. 626), Sec. 107, Sec. 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. Sept. 1, 1997. (2) the issuance by a court of a published decision holding 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. 466.352. 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). Amended by Acts 1995, 74th Leg., ch. 8.2, 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. Aug. 30, 1993. (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. 76, Sec. 6.45, eff. (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. The commission shall provide for a formal administrative hearings process. 141 (H.B. A contract awarded under this subsection must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a sales agent license under Section 466.155. Aug. 30, 1993. Robbery is a 2d degree felony in Texas. Added by Acts 1993, 73rd Leg., ch. 107, Sec. 466.303. (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. Sept. 1, 1997. Amended by Acts 1995, 74th Leg., ch. The notice must state the alleged violations that constitute grounds for summary suspension. ASSIGNMENT OF PRIZES. 2197), Sec. Sec. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. Renumbered from Sec. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. 4 (S.B. Amended by Acts 1995, 74th Leg., ch. 107, Sec. The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. Sept. 1, 2001. 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. The commission shall adopt rules regarding the form and frequency of reports under this subsection. Aug. 30, 1993. 6.11, eff. The equipment must be inspected immediately before and after the drawing. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1), Sec. 466.159. Amended by Acts 1995, 74th Leg., ch. (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. First, consider the primary form of theft known as larceny theft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . (b) In all procurement decisions, the commission and executive director shall take into account the particularly sensitive nature of the lottery and shall act to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery and the objective of producing revenues for the state treasury. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . (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. DELIVERY OF FUNDS. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Sec. Penal Code 31.03 (a). Added by Acts 1993, 73rd Leg., ch. 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. 8.21, eff. (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. 466.317. 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. Added by Acts 1993, 73rd Leg., ch. 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 . Added by Acts 1993, 73rd Leg., ch. 1394, Sec. . 2, eff. 8.22, eff. Amended by Acts 1997, 75th Leg., ch. Aug. 30, 1993. Second-Degree Felony Theft. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. Amended by Acts 1995, 74th Leg., ch. 1, eff. (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. Acts 2011, 82nd Leg., R.S., Ch. 592, 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. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. (a) The commission may suspend a sales agent's license summarily without notice or hearing if the commission finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state and: (1) the sales agent fails to deposit money received from ticket sales under Section 466.351; (2) an event occurs that would render the sales agent ineligible for a license under Section 466.155; (3) the sales agent refuses to permit the executive director, the director, the commission, or the state auditor to examine the agent's books, records, papers, or other objects under Section 466.017(b); or. Sept. 1, 1995. (b) A district court shall issue an order approving a voluntary assignment and directing the commission to direct prize payments in whole or in part to the assignee if: (1) a copy of the petition for the order and copies of all notices of any hearing in the matter have been served on the executive director not later than 20 days prior to any hearing or entry of any order. (b) If a lottery game involves a drawing, the drawing must be open to the public. 1423, Sec. 1385 (S.B. 76, Sec. i bought a flip or flop house. REPORTING BY SALES AGENT; RECORDS. CERTAIN TRANSFERS OF CLAIMS. Sec. PARTICIPATION IN MULTIJURISDICTION LOTTERY GAME. 1, 2, eff. (c) For purposes of this section, the amount of a lottery prize is the total amount of prize money paid to a prize winner for a single lottery prize claim, whether paid in one payment or in periodic installments, before deducting any federal tax withholdings or other deductions required by law. 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. TICKET VALIDATION; DRAWINGS. Added by Acts 1999, 76th Leg., ch. Jasmine Renee Wiley was arrested on Thursday, May 17 and charged with theft of property in an amount greater than $30,000 but less than $150,000. 6.22, eff. (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). Sept. 1, 1997. 37), Sec. 1, eff. Added by Acts 2009, 81st Leg., R.S., Ch. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. PAYMENT OF PRIZE AWARDED TO MINOR. Sec. 466.015. 466.409. 6.26, eff. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 76, Sec. Sept. 1, 1999. Added by Acts 1993, 73rd Leg., ch. INFLUENCING SELECTION OF WINNER. 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. (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. Sec. 76, Sec. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) REVENUE FROM MULTIJURISDICTION LOTTERY. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. (d) The Department of Public Safety, at the commission's request, shall perform a full criminal background investigation of a prospective deputy or investigator of the department of security. (D) the director of the lottery division of the Texas Lottery Commission. Amended by Acts 1995, 74th Leg., ch. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. 3, eff. 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. Sec. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. Aug. 30, 1993. 466.152. Sec. (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. 466.302. Sept. 1, 1995. 1 / 163. Aug. 30, 1993. 4.03(b), eff. 4.03(b), eff. 466.355. It can take place in 2 ways. 466.157. THEFT. (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 . (b) The commission shall review and must approve all major procurements as provided by commission rule. This chapter may be cited as the State Lottery Act. (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). EXPIRATION OF LICENSE; RENEWAL. 76, Sec. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. Sept. 1, 2001. 4.03(b), eff. 1, eff. 6.31, eff. (f) The director may not issue a license to an applicant who fails to certify to the director the applicant's compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. 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. Aug. 30, 1993. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. 466.107. Sec. Sept. 1, 1995. 1, eff. 76, Sec. 4.03, eff. 466.251. Sec. 466.357. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET AT UNAUTHORIZED LOCATION. 1353, Sec. 1655), Sec. 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. Amended by Acts 1995, 74th Leg., ch. AGGREGATION OF AMOUNTS INVOLVED. Sept. 1, 1995. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (a) A person commits an offense if the person intentionally or knowingly sells a ticket and the person accepts anything other than the following as payment for the ticket: (2) a negotiable instrument in the form of a check that meets the requirements of Section 3.104, Business & Commerce Code; (3) a debit made through a financial institution debit card; (4) a coupon or voucher issued by the commission for purposes of purchasing a lottery ticket; or. 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