texas penal code theft of lottery tickets

APPLICABILITY OF OTHER LAW. 466.355. GA-0837. (a) The executive director may discharge from employment an employee of the commission who fails to provide a complete legible set of fingerprints on request. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. Amended by Acts 1995, 74th Leg., ch. (a) A person commits an offense if the person intentionally or knowingly: (1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or. 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. -To insure the public safety through: (A) the deterrent influence of the penalties. Theft. 4.03(b), eff. 466.016. Sept. 1, 1995. mr cool 12000 btu installation manual; weird facts about glasgow; lamar jackson speed madden 22; best sugar paste for hair removal. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. 198, Sec. 466.103. 466.3054. Acts 2017, 85th Leg., R.S., Ch. 1104, Sec. 4.03(b), eff. (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or. Texas Penal Code Sec. 37), Sec. 1, eff. If you do steel then too, it's not like you can cash them either because we have a button on the terminal that stops payment on all tickets sold at the store until we. Sec. 6.12, eff. what is a wood router good for; bts associate director salary; 696, Sec. Added by Acts 2005, 79th Leg., Ch. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. September 1, 2013. Houston police say the display case contained $17,000 in lottery tickets. 466.161. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 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. 1353, Sec. (c) If the prize is paid in periodic installments, the executive director shall deduct from periodic installment winnings paid to a prize winner amounts owed by the prize winner for child support 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. 76, Sec. 1420, Sec. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. Added by Acts 1993, 73rd Leg., ch. 6.37, eff. 466.252. FINGERPRINTS. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . 6.34, eff. 626), Sec. Sept. 1, 1995. 4.03, eff. (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. 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. A license may not be transferred or assigned to any other person or location. A petition filed under this section shall include in the caption the prize winner's name as it appears on the lottery claim form; (2) the assignment is in writing, executed by the assignor and assignee (or designated agent), and by its terms subject to the laws of this state; and. (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. Sec. (3) the assignor provides a sworn and notarized affidavit stating that the assignor: (A) is of sound mind, over 18 years of age, is in full command of the person's faculties, and is not acting under duress; (B) is not delinquent in payment of child support under a court or administrative order issued in this state or another state; (C) has been advised regarding the assignment by independent legal counsel and has had the opportunity to receive independent financial and tax advice concerning the effects of the assignment; (D) understands that the assignor will not receive the prize payments, or portions of the prize payments, for the assigned years; (E) understands and agrees that with regard to the assigned payments, the state, the commission, and its officials and employees will have no further liability or responsibility to make the assigned payments to the assignor; (F) has been provided a one-page written disclosure statement stating, in boldfaced type, 14 points or larger: (i) the payments being assigned, by amounts and payment dates; (ii) the purchase price being paid, if any; (iii) if a purchase price is paid, the rate of discount to the present value of the prize, assuming daily compounding and funding on the contract date; and, (iv) the amount, if any, of any origination or closing fees that will be charged to the assignor; and. 6.22, eff. (2) any validation tests established by the commission for the particular lottery game involved. (4) the balance, after creation of a reserve sufficient to pay the amounts needed or estimated to be needed under Subdivisions (1) through (3), to be transferred on or before the 15th day of each month as follows: (A) the portion of the balance attributable to the lottery game operated under Section 466.027 to the fund for veterans' assistance established by Section 434.017; and. 107, Sec. (c) Information that is in the form available to the public is not privileged or confidential under this section and is subject to public disclosure. (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. The Texas Veterans Commission may make recommendations to the Texas Lottery Commission relating to the marketing and advertising of the game. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. 1153, Sec. CONFIDENTIAL INFORMATION. Sept. 1, 2003. Retail Theft (Shoplifting) Under Texas Law. Acts 2011, 82nd Leg., 1st C.S., Ch. 4.03(b), eff. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. Sept. 1, 1995. 466.3051. 8.21, eff. (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. Amended by Acts 1995, 74th Leg., ch. If a sales agent's rental payments for premises are contractually computed in whole or in part on the basis of a percentage of the lessee's retail sales and if the computation of the lessee's rental payment is not explicitly defined to include sales of tickets in a state-operated lottery, the compensation received by the sales agent from the lottery is considered to be the net amount of the lessee's retail sales of tickets for the purpose of computing the rental payment. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 1655), Sec. Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. (In California, for any prize over $350,000, an investigation is automatically launched.) Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995. DUTIES OF COMPTROLLER. 107, Sec. Acts 2013, 83rd Leg., R.S., Ch. (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. DIVISION EMPLOYEES. 1, eff. 4.03(b), eff. 76, Sec. (a) Except as provided by Subsection (b), the executive director may not award a contract for the purchase or lease of facilities, goods, or services related to lottery operations to a person who would be denied a license as a sales agent under Section 466.155. Added by Acts 1993, 73rd Leg., ch. Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund. The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. (a) A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to: (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery. 1 / 163. 1655), Sec. Added by Acts 1993, 73rd Leg., ch. Lottery ticket fraud can be punished under several California laws. 466.452. 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 . 107, Sec. 59), Sec. DEFINITIONS. For more information, see Texas Penal Code Section 31.03(e)(4)(B). (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. Added by Acts 1993, 73rd Leg., ch. (B) the remainder to the foundation school fund. 107, Sec. 6.31, eff. Aug. 30, 1993. 76, Sec. (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). CHAPTER 32. 1394, Sec. 4.03(b), eff. Sec. 466.255 and amended by Acts 1995, 74th Leg., ch. 466.104. Sept. 1, 1995. Sec. SECURITY. (b) The executive director may establish a provisional license or other classes of licenses necessary to regulate and administer the quantity and type of lottery games provided at each licensed location. Sec. Sec. (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. 466.101. Aug. 30, 1993. (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. Sept. 1, 1995. From time to time, they would not pay for some of the tickets, and as their habit progressed they ended up taking nearly $2-$3 Thousand dollars worth of tickets - with earnings amounting to no more than $1000. Theft is a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000, 10 or more head of . Sept. 1, 1995. 466.107. The estimate must be based on reasonable projections and past experience. CONSPIRACY. If notice is served in person, the sales agent shall immediately surrender the license to the commission. Aug. 30, 1993. 107, Sec. The procedures must be for the purpose of ensuring fairness and integrity. 2, eff. OFFENSES AGAINST PROPERTY. 76, Sec. 1, eff. 5.95(94), 6.09, eff. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. THEFT. (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal. Sept. 1, 1995. Sec. Texas Penal Code Chapter 29.02. September 1, 2021. The notice must state the alleged violations that constitute grounds for summary suspension. (b) The applicant must include an application fee with each application. According to . 466.306. Sec. (a) All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained. September 1, 2017. 544, Sec. 466.152. 198, Sec. 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. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. 76, Sec. SALE OF TICKET ON CREDIT. 1555), Sec. 76, Sec. 466.351. The maximum penalty is a year of imprisonment. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (b) If a minor is entitled to prize money on a winning ticket in an amount of $600 or more, the director may direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of an adult member of the minor's family or of the minor's guardian as custodian for the minor. September 1, 2007. 466.017. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (5) the object offense was not actually committed. 466.405. 2197), Sec. June 17, 2011. The game tickets must clearly state that the game proceeds are used to benefit the veterans in this state. 2, eff. The suspension is effective at the time the notice is served. 6.28, eff. 696, Sec. The acquisition of transmission facilities must be done on a competitive bid basis if possible. 4.03(b), eff. Acts 2013, 83rd Leg., R.S., Ch. Sec. 323 (H.B. (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. Sec. Sept. 1, 1995. June 19, 2009. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. Aug. 30, 1993. 993 (H.B. Sec. PROHIBITED GAMES. Sept. 1, 2001. 107, Sec. 74 (H.B. 107, Sec. Sept. 1, 1995. Aug. 30, 1993. BOND; INSURANCE. PENAL CODE. 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. Sec. PROHIBITED ADVERTISEMENTS. Sept. 1, 2003. 6.11, eff. (3) "Minor" means an individual who is younger than 18 years of age. 58.1-4018.1. (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. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. Sec. 1158, Sec. September 1, 2009. May 20, 2009. On July 19 at 3:00 am . CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. Larceny of tickets; fraudulent notification of prizes; penalty. 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 . 107, Sec. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. (2) notwithstanding Subsection (b)(4), transfer the amount estimated in Subdivision (1) to the foundation school fund before August installment payments are made under Section 48.273, Education Code. (c) If a claim is not made for a prize other than prize money on or before the 180th day after the date on which the winner was selected, the prize shall revert to the division for use in subsequent games. TELEVISION CONTRACTS. The commission shall adopt rules governing the competitive bidding process. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1.02, eff. SUMMARY SUSPENSION OF LICENSE. CONFIDENTIAL INFORMATION. 4.03(b), eff. 1275, Sec. (c) The commission shall market and advertise the lottery game operated under this section in a manner intended to inform the public that the game tickets are available for purchase and that the game proceeds are used to fund veterans programs in this state. 3, eff. PURCHASE AND SALE OF TICKETS. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. 466.354. Search Texas Statutes. TICKETS. (2) an instant game after the expiration of the 180th day following the official "end of game" as determined by the commission. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. HB 2168, effective June 8, 2021, amended the Professional Sports Team . Sec. (a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game. Amended by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Definition. 107, Sec. Sec. 6.01, eff. 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. The full language of the code section reads: SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. Sec. 59), Sec. June 17, 2011. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. For more information, see Texas Penal Code Section 32.47. Sept. 1, 1995. 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. 466.404. Added by Acts 1993, 73rd Leg., ch. 76, Sec. 6.38, eff. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. 6, eff. Sept. 1, 2001. (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. Notice is served in person, the sales agent shall immediately surrender the license to commission. Alleged violations that constitute grounds for summary suspension alleged violations that constitute grounds for summary suspension wood router good ;... 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