394, Sec. The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent. Acts 2011, 82nd Leg., R.S., Ch. 6.05, eff. 1655), Sec. INFLUENCING SELECTION OF WINNER. 4.03(b), eff. 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. 466.253 and amended by Acts 1995, 74th Leg., ch. 107, Sec. 107, Sec. When the executive director files a copy of the letter, ruling, or published decision with the secretary of state, an assignor is ineligible to assign a prize under this section, and the commission shall not make any payment to an assignee pursuant to a court order entered after the date of such letter or ruling. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. (d) The director shall give an applicant or sales agent written notice of a denial of an application or a suspension or revocation of a license. PENAL CODE. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 626), Sec. > texas penal code theft of lottery tickets. 466.408. Sept. 1, 1999. Aug. 30, 1993. Sec. 466.406. Acts 2011, 82nd Leg., R.S., Ch. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. 4.03(b), eff. TICKETS. 107, Sec. Sec. Sec. Search Texas Statutes. 198, Sec. Sept. 1, 1995. (1) "Adult" means an individual who is at least 18 years of age. (a) An applicant for a license under this subchapter must apply to the division under rules adopted by the commission, provide information necessary to determine the applicant's eligibility for a license under Section 466.155, and provide other information considered necessary by the commission. 29, eff. (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. (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 . (c) It shall be the responsibility of the assignor to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. (a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. Sec. First, consider the primary form of theft known as larceny theft. This chapter may be cited as the State Lottery Act. Under Section 32.31, CREDIT CARD or DEBIT CARD ABUSE is defined as follows: CREDIT CARD or DEBIT CARD ABUSE is when a person uses a debit or credit card, whether expired or not, that the owner of that card did not consent to that cards use. 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. (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. Sept. 1, 1997; Acts 1997, 75th Leg., ch. PAYMENT OF PRIZES GENERALLY. June 17, 2011. 4.03(b), eff. Sept. 1, 1997. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. Sept. 1, 1995. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. CHAPTER 32. 1394, Sec. Added by Acts 2003, 78th Leg., ch. The study must include the income, age, sex, race, education, and frequency of participation of players. In this chapter: (1) "Commission" means the Texas Lottery Commission. 1, eff. 1, eff. June 17, 2011. (D) the director of the lottery division of the Texas Lottery Commission. 466.151. (2) a power granted to the comptroller may be exercised by the commission. 6.22, eff. In Texas Penal Code Section 29.02 (a) (1) a person committing a theft with intent to obtain or maintain control of property, intentionally, knowingly, or recklessly causes bodily injury to another. (5) has violated this chapter or a rule adopted under this chapter. Added by Acts 1993, 73rd Leg., ch. COMPENSATION OF SALES AGENT. (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. (4) "Executive director" means the executive director of the commission. Sept. 1, 1995. 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. 4.03(b), eff. The commission shall provide for a formal administrative hearings process. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. (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. 323 (H.B. Theft. 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. 6, eff. 466.020. 1104, Sec. 4.03(b), eff. 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. (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. 466.160. 4.03(b), eff. The total amount retained in a pooled bond fund established under this subsection may not exceed $5 million. 466.453. (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. 4.03(b), eff. Sec. 76, Sec. Aug. 30, 1993. Aug. 30, 1993. May 1, 2022 . (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or. 466.251. For more information, see Texas Penal Code Section 31.03(e)(4)(B). Amended by Acts 1997, 75th Leg., ch. 4.03(b), eff. Acts 2017, 85th Leg., R.S., Ch. Sec. (a) The executive director shall prescribe the form of tickets. (4) enforcement of prohibitions on a person playing a lottery game by telephone. SALE OF TICKET BY UNAUTHORIZED PERSON. DEFINITIONS. Acts 2013, 83rd Leg., R.S., Ch. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that the prize alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. (c) A security officer or investigator employed by the department of security or a peace officer who is working in conjunction with the commission or the Department of Public Safety in the enforcement of this chapter, without a search warrant, may search and seize a lottery vending machine, lottery computer terminal, or other lottery equipment that is located on premises for which a person holds a sales agent license issued under this chapter. (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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (a) The executive director shall maintain a department of security in the commission. 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. Acts 2013, 83rd Leg., R.S., Ch. Second-Degree Felony Theft. (B) the convenience of players and holders of winning tickets. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (3) offers, for compensation, to claim the prize of another person. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. Sec. The director shall set the salaries of these employees. 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. LICENSE APPLICATION; FEE. 4 (S.B. (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. 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