texas penal code theft of lottery ticketstexas penal code theft of lottery tickets
ACCESS TO CRIMINAL HISTORY RECORD INFORMATION. 76, Sec. 1, eff. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. Added by Acts 1999, 76th Leg., ch. (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. 391, eff. (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. ACCESS TO INTERNAL REVENUE SERVICE INFORMATION. 466.151. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 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. (a) A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. 107, Sec. 466.158. (b) An offense under this section is a Class C misdemeanor. Sept. 1, 2003; Acts 2003, 78th Leg., ch. The notice must be personally served on the sales agent or an officer, employee, or agent of the sales agent or sent by certified or registered mail, return receipt requested, to the sales agent's mailing address as it appears on the commission's records. 466.358. probation, fines, restitution to the victim, and; up to 6 months of jail time. 3560), Sec. 466.023. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. Sec. 394, Sec. what is a wood router good for; bts associate director salary; Aug. 30, 1993. DEFINITION. 1, eff. (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. 107, Sec. Amended by Acts 1995, 74th Leg., ch. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) 713 (S.B. (f) An offense under Subsection (b) is punishable by a fine not to exceed $250. 76, Sec. Aug. 30, 1993. Acts 2011, 82nd Leg., R.S., Ch. June 14, 2013. 2, eff. (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. Aug. 30, 1993. 466.304. OFFENSES AGAINST PROPERTY. (b) If a lottery game involves a drawing, the drawing must be open to the public. (g) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. (e) The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission. Sec. Sec. Aug. 30, 1993. In this chapter: (1) "Commission" means the Texas Lottery Commission. 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. Sec. (d) Except as provided by Subsection (e), a ticket holder forfeits any claim or entitlement to a prize for: (1) an on-line game after the expiration of the 180th day following the draw date; and. The estimate must be based on reasonable projections and past experience. (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. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. 6.01, eff. 1158, Sec. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. 76, Sec. Sept. 1, 1999. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. Aug. 30, 1993. 4.03(b), eff. A person claiming or attempting to claim a lottery prize or a share of a lottery prize represents that the ticket or other item showing that the person is entitled to the prize or share was lawfully obtained, is not stolen, forged, or altered, and has not previously been redeemed. 442), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 6.36, eff. Added by Acts 1993, 73rd Leg., ch. If the director determines that prize money is to be paid in installments, the comptroller shall invest funds from the state lottery account as necessary to ensure the payment of the installments. Sec. (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. 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 . (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. 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. September 1, 2017. Added by Acts 1993, 73rd Leg., ch. 1, eff. Sec. Sept. 1, 1995. 4.03(b), eff. Sections 4301-4333), as amended. 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. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. An offense under this section is a Class A misdemeanor. 1275, Sec. The attorney general, the district attorney for Travis County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which the violation or alleged violation occurred may investigate a violation or alleged violation of this chapter and of the penal laws of this state by the commission or its employees, a sales agent, a lottery vendor, or a lottery operator. On July 19 at 3:00 am . (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. Sec. 6, eff. Sept. 1, 1995. 466.310. Amended by Acts 1995, 74th Leg., ch. Greg Abbott. 6.12, eff. 466.027. 4.03(b), eff. Renumbered from Sec. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* Amended by Acts 1995, 74th Leg., ch. Sec. The . Amended by Acts 1995, 74th Leg., ch. (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. 76, Sec. 466.203. Sec. (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. (5) has violated this chapter or a rule adopted under this chapter. This app contains statutes current with the 87th Legislature. 466.254. FINGERPRINTS. Also punishable as a state jail felony is 1) theft of a firearm, 2) a third theft conviction (even if the value of the stolen property on the third case is less than $2,500), 3) any theft under $20,000 if the theft is a metal including aluminum, copper, brass and copper, 4) an official . Aug. 30, 1993. 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. 59), Sec. (a) A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing. 1, eff. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 6.32, 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. Sec. 466.022. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Division employees are specifically exempted from Chapter 654. June 20, 2003. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. May 26, 2017. 466.306. September 1, 2009. 466.4075. (d) A contract between the division and a lottery operator under Subsection (b) must contain a provision allowing the contract to be terminated without penalty if the division is abolished. Sec. (b) The commission shall conduct an investigation of and obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) the executive director or a prospective executive director; or. 403 (S.B. - Real-time section number search. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. 6.05, eff. Sec. The notice must state the alleged violations that constitute grounds for summary suspension. 993 (H.B. 4.03(b), eff. 2, eff. (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). (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). September 1, 2013. (h) An assignment pursuant to court order may not include or cover payments or portions of payments that are subject to any offset provided by this chapter. Sept. 1, 1995. 1, eff. (D) the director of the lottery division of the Texas Lottery Commission. Added by Acts 1993, 73rd Leg., ch. (3) "Division" means the lottery division established by the commission under Chapter 467. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 76, Sec. Id. 107, Sec. 466.452. 1394, Sec. 6.04, eff. 6.41, eff. Acts 2013, 83rd Leg., R.S., Ch. 4.03(b), eff. 107, Sec. Added by Acts 1993, 73rd Leg., ch. (8) "Player" means a person who contributes any part of the consideration for a ticket. 2197), Sec. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. Sept. 1, 2001. Added by Acts 1993, 73rd Leg., ch. 323 (H.B. (3) offers, for compensation, to claim the prize of another person. 6.45, eff. (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. (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. Sept. 1, 2003. 466.028. Amended by Acts 1995, 74th Leg., ch. What is Theft by Deception Under Texas Law? 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. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . Amended by Acts 1995, 74th Leg., ch. If the party filing the action seeks to enjoin the implementation of a solicitation or contract, the party shall post a bond that is payable to the state if the party does not prevail in the appeal, and is in an amount sufficient to compensate the state for the revenue that would be lost due to the delay in lottery operations. (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. 14.761, eff. 3.04(a), eff. PAYMENT OF PRIZE AWARDED TO MINOR. 190 (H.B. Aug. 30, 1993. Sec. Acts 2013, 83rd Leg., R.S., 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. Section 12101 et seq.). 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