In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. 5.95(94), 6.09, eff. 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. 8.2, eff. TREATMENT OF PRIZE PAYABLE ON TICKET PURCHASED BY INELIGIBLE PERSON. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 4.03(b), eff. FORGERY; ALTERATION OF TICKET. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sec. PURCHASE AND SALE OF TICKETS. 76, Sec. 466.204. what is a wood router good for; bts associate director salary; GA-0812. Sec. Search Texas Statutes. 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. 466.306. 466.3053. Sept. 1, 1995. 107, Sec. The commission may only disclose the information on or after the 30th day after the date the person claims the lottery prize if the person chooses to remain anonymous under Subsection (a). (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). 6.10, eff. 107, Sec. 993 (H.B. 466.002. (a) A person commits an offense if the person: (1) induces another person to assign or transfer a right to claim a prize; (2) offers for sale the right to claim a prize; or. - Real-time section number search. 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. (8) "Player" means a person who contributes any part of the consideration for a ticket. Sec. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. Sec. The version of the offense codes is updated after every legislative session and the most up to date and current list of the offense codes can be found on this page. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells or offers to sell a ticket to an individual that the person knows is younger than 18 years of age. 76, Sec. (6) "Lottery game" includes a lottery activity. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. Added by Acts 1993, 73rd Leg., ch. 76, Sec. (c) The director may not permit a sales agent to make payments to the division or a lottery operator in cash. 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. (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 is not required to receive the court order, the writ of withholding, or notice of child support lien until the executive director determines there is a periodic installment prize to which the prize winner is entitled. Section 12101 et seq.). (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. 466.410. (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. Added by Acts 2009, 81st Leg., R.S., Ch. 74 (H.B. Sec. This app contains statutes current with the 87th Legislature. (b) An offense under this section is a felony of the third degree. (b) Each sales agent shall maintain records adequate to establish the disposition of each ticket provided to the sales agent, the amounts of money received for the sale of those tickets, and any prizes awarded by the sales agent. Amended by Acts 1997, 75th Leg., ch. 4, eff. > texas penal code theft of lottery tickets. . (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. 4.03(b), eff. (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. The commission shall adopt rules governing the competitive bidding process. About one in every 50 Texans suffered a 2019 larceny-theft loss. 466.024. For more information, see Texas Penal Code Section 32.47. CONSPIRACY. 5(a), eff. 2, eff. 466.411. Added by Acts 1993, 73rd Leg., ch. June 19, 1999. 1, eff. June 17, 2011. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. The maximum penalty is a year of imprisonment. 1394, Sec. 6.27, 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. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. (2) "Director" means the director of the division. Sec. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". The commission by rule shall establish a procedure to determine what constitutes a major procurement based on the cumulative value of a contract and other relevant factors. probation,; fines, restitution and; up to 6 months in county jail. (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. (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. 76, Sec. 466.253 and amended by Acts 1995, 74th Leg., ch. Sec. (g) The commission shall establish and collect a reasonable fee to defray any administrative expenses associated with an assignment made under this section, including the cost to the commission of any processing fee imposed by a private annuity provider. 466.359. September 1, 2017. 107, Sec. 4.03(b), eff. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. 1394, Sec. (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. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. (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. 466.103. 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. 993 (H.B. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b) The comptroller periodically shall file reports with the executive director providing information regarding the revenue credited to the state lottery account, the investments of the money in the account, and the distributions made from the account. Acts 2011, 82nd Leg., R.S., Ch. 107, Sec. OFFENSES AGAINST PROPERTY. 2197), Sec. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sec. 4.03(b), eff. Sec. Under Penal Code 31.03(e)(4)(B), theft from a person of another - or from a human corpse or grave - is a state jail felony punishable by up to two years in state jail and up to a $10,000 fine. This subsection does not require a commission member to sign the contract. Aug. 30, 1993. Sept. 1, 1995. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. (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. Theft between $2,500 and $30,000 is a state jail felony. Sept. 1, 1995. TAMPERING WITH LOTTERY EQUIPMENT. September 1, 2013. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) The executive director and each lottery operator shall take positive steps to: (1) inform minority businesses of opportunities to: (A) provide lottery equipment and supplies to the commission; (B) provide services, including advertising, to the commission for the operation of the lottery; or. For the purpose of carrying out this chapter, the executive director or state auditor may examine all books, records, papers, or other objects that the executive director or state auditor determines are necessary for conducting a complete examination under this chapter and may also examine under oath any officer, director, or employee of a lottery operator or sales agent. Added by Acts 1993, 73rd Leg., ch. 466.158. 2, eff. (a) The department of security shall supervise ticket validation and lottery drawings. Acts 2003, 78th Leg., ch. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. 466.303. 6.33, 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. 466.205. In this chapter: (1) "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for . (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. 4.03(b), eff. 466.354. (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. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. (b) A person commits an offense if the person knowingly refuses to produce for inspection by the director, executive director, commission, or state auditor a book, record, or document required to be maintained or made by this chapter or a rule adopted under this chapter. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. Sept. 1, 1997. 6.07, eff. Amended by Acts 1995, 74th Leg., ch. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. ASSIGNMENT OF PRIZES. (a) The state lottery account is a special account in the general revenue fund. REVENUE FROM MULTIJURISDICTION LOTTERY. 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. 466.404. Added by Acts 1997, 75th Leg., ch. 466.105. Within 20 days of receipt of the court order, the commission shall acknowledge in writing to both the assignor and the assignee its receipt of said court order. Sec. 2197), Sec. (c) An offense under this section is a Class A misdemeanor. 6.30, eff. EXEMPTION FROM TAXATION. 2482), 4. Sec. Acts 2009, 81st Leg., R.S., Ch. 466.252. 466.401. 2.72(b), eff. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1, eff. PROHIBITED ADVERTISEMENTS. Aug. 30, 1993. 4.03(b), eff. 993 (H.B. Amended by Acts 1997, 75th Leg., ch. Sec. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. Sept. 1, 1995. 466.452. 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). Tex. Each of those items is subject to discovery by a person that is the subject of the item. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. Sec. If married, the assignor shall identify his or her spouse and submit to the court a sworn and notarized statement wherein the spouse consents to the assignment. (4) a spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of a person described by Subdivision (1), (2), or (3). The . Added by Acts 1993, 73rd Leg., ch. 76, Sec. (a-1) The executive director shall deduct delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. Amended by Acts 1995, 74th Leg., ch. U.S.C. 107, Sec. Acts 2017, 85th Leg., R.S., Ch. 626), Sec. 466.015. (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. Acts 2017, 85th Leg., R.S., Ch. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. Sept. 1, 1997. 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. 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. Added by Acts 1995, 74th Leg., ch. (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. 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. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 76, Sec. 76, Sec. Sec. Sept. 1, 1995. 466.028. Sec. 59), Sec. 107, Sec. (e) The director may provide for a sales agent to pay amounts received for the sale of tickets directly to an officer or employee of the division for immediate deposit in the state treasury. 6.06, eff. Sec. 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