1, eff. LICENSE APPLICATION; FEE. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. (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. . 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. (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. Added by Acts 1993, 73rd Leg., ch. 4 (S.B. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 466.357. (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. Aug. 30, 1993. September 1, 2013. (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. (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. 3), Sec. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. BOND; INSURANCE. 107, Sec. CONFIDENTIAL INFORMATION. Added by Acts 1993, 73rd Leg., ch. 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. (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. Sec. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. PAYMENT OF PRIZE AWARDED TO MINOR. (e) The director may not issue a license to a person who has previously had a license under this chapter revoked unless the director is satisfied the person will comply with this chapter and the rules adopted under this chapter. 466.104. Sec. (e) The director may issue a license to a person only if the director finds that the person's experience, character, and general fitness are such that the person's participation as a sales agent will not detract from the integrity, security, honesty, and fairness of the operation of the lottery. Houston police say the display case contained $17,000 in lottery tickets. Amended by Acts 1995, 74th Leg., ch. June 19, 1999. (a) Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest. 466.317. 6.40, eff. The suspension is effective at the time the notice is served. 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. 4.03(b), eff. Sept. 1, 1995. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. 466.3051. 466.027. 1, eff. (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. 6.06, eff. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. 107, Sec. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. Sec. Sec. 76, Sec. (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. 1, eff. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. (3) the person has previously been convicted of an offense under Section 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2). (b-1) Notwithstanding Subsection (b), if the legislature appropriates money from the general revenue fund to the programs described by Subsection (b) in an amount equal to the maximum amount of money that could be appropriated from unclaimed prize money to those programs under that subsection, all unclaimed prize money must be deposited to the credit of the foundation school fund. 781, Sec. 1, eff. 1, eff. 1, eff. 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. Although theft of a lottery ticket can seem like any other type of theft out there, it is punished significantly more harshly than simple theft charges. Added by Acts 2003, 78th Leg., ch. 2, eff. PREFERENCE FOR TEXAS BUSINESSES. 466.352. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. 758), Sec. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. THEFT. 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. Sec. PROHIBITED ADVERTISEMENTS. 17.19(5), eff. (b) An individual who is younger than 18 years of age commits an offense if the individual: (2) falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket. The estimate must be based on reasonable projections and past experience. 4, eff. (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. 466.157. 466.107. (b) In addition to commission records excepted from disclosure under Chapter 552, the following information is confidential and is exempt from disclosure: (1) security plans and procedures of the commission designed to ensure the integrity and security of the operation of the lottery; (2) information of a nature that is designed to ensure the integrity and security of the selection of winning tickets or numbers in the lottery, other than information describing the general procedures for selecting winning tickets or numbers; (3) the street address and telephone number of a prize winner, if the prize winner has not consented to the release of the information; and. (2) fails to maintain or make an entry the person knows is required to be maintained or made. 76, Sec. 76, Sec. A. Added by Acts 1993, 73rd Leg., ch. (a) Subject to Subsection (b), a natural person who is a prize winner of a lottery prize in an amount equal to $1 million or more, or who is an owner of a beneficial interest in a legal entity that is a prize winner of a lottery prize in an amount equal to $1 million or more, may on the date the winner claims the prize choose to remain anonymous and prohibit all personally identifiable information from being released to the public. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. Sec. LICENSE REQUIRED. 107, Sec. 466.160. 6, eff. June 7, 2019. (a) A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game. MULTIJURISDICTION AGREEMENT AUTHORIZED. 403 (S.B. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. 466.201. 4.03(b), eff. 792, 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. 466.255 and amended by Acts 1995, 74th Leg., ch. Penal Code 31.03 (a). 76, Sec. (c) At the preliminary hearing, the sales agent must show cause why the license should not remain suspended pending a final hearing on suspension or revocation. (1) "Adult" means an individual who is at least 18 years of age. (b) The executive director shall report the results of the demographic study conducted under Subsection (a) to the commission, the governor, and the legislature before the convening of each regular legislative session. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. 4.03(b), eff. Sec. 1385 (S.B. Aug. 30, 1993. 466.3011. 8, eff. Aug. 30, 1993. (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. (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. (e) The court order shall include specific findings as to compliance with the requirements of Subsections (b), (c), and (d) and shall specify the prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, and the name of the prize winner as it appears on the lottery claim form. 4.03(b), eff. 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. GENERAL PROVISIONS. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. 466.101. PENAL CODE. 466.309. (c) A sales agent must file a renewal application and pay the renewal fee before the sales agent's license expires. REVENUE FROM MULTIJURISDICTION LOTTERY. Aug. 30, 1993. Acts 2011, 82nd Leg., R.S., Ch. 190 (H.B. Added by Acts 1993, 73rd Leg., ch. (b) An offense under this section is a felony of the third degree. 74 (H.B. TITLE 7. Added by Acts 1993, 73rd Leg., ch. June 17, 2011. Sec. 466.022. INFLUENCING SELECTION OF WINNER. Amended by Acts 1995, 74th Leg., ch. Sec. (b) In the event of a single payment, the executive director shall deduct from winnings of the prize winner an amount for delinquent child support owed by the prize winner if the executive director has been provided with a certified copy of a court order or a writ of withholding issued under Chapter 158, Family Code, or notice of a child support lien created under Subchapter G, Chapter 157, Family Code. 107, Sec. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. 3.078, eff. (a) The executive director shall, every two years, employ an independent firm experienced in demographic analysis to conduct a demographic study of lottery players. 466.252. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. 6.22, eff. Acts 2013, 83rd Leg., R.S., Ch. (15) any other matter necessary or desirable as determined by the commission, to promote and ensure: (A) the integrity, security, honesty, and fairness of the operation and administration of the lottery; and. 4.03(b), eff. (c) An offense under this section is a Class A misdemeanor. Sec. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. Sec. GA-0812. 76, Sec. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 3.04(a), eff. INVESTIGATIONS. (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. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. 1178, Sec. 76, Sec. 6.01, eff. 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