texas penal code theft of lottery tickets
texas penal code theft of lottery tickets
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. (a) The commission and executive director have broad authority and shall exercise strict control and close supervision over all lottery games conducted in this state to promote and ensure integrity, security, honesty, and fairness in the operation and administration of the lottery. (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. Added by Acts 1993, 73rd Leg., ch. 1423, Sec. Conduct outside Texas constitutes an attempt to commit an offense inside Texas. A hearing under this section is subject to Section 2001.058(e). Lottery ticket fraud can be punished under several California laws. (3) offers, for compensation, to claim the prize of another person. (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. 466.357. Acts 2011, 82nd Leg., 1st C.S., Ch. Sept. 1, 1995. 466.411. 466.021. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. Penal Code 31.03 (a). The executive director may propose rules to be adopted by the commission, but the executive director's proposed rules have no effect until adopted by the commission. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". As prescribed by rule, each sales agent shall prominently display the license in each place of business or activity at which the sales agent sells tickets. (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. 6(a), eff. First, consider the primary form of theft known as larceny theft. 4.03(b), eff. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. September 1, 2013. 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. Added by Acts 1993, 73rd Leg., ch. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. Houston police say the display case contained $17,000 in lottery tickets. 5.95(94), 6.09, eff. Added by Acts 1993, 73rd Leg., ch. 466.253 and amended by Acts 1995, 74th Leg., ch. Sept. 1, 2003. (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. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. SHORT TITLE. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. Sept. 1, 1995. 107, Sec. 37), Sec. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. 1385 (S.B. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. Aug. 30, 1993. (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. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. Sec. 107, Sec. 6.40, eff. 8.2, eff. (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. (a) The commission may suspend a sales agent's license summarily without notice or hearing if the commission finds that the action is necessary to maintain the integrity, security, honesty, or fairness of the operation or administration of the lottery or to prevent financial loss to the state and: (1) the sales agent fails to deposit money received from ticket sales under Section 466.351; (2) an event occurs that would render the sales agent ineligible for a license under Section 466.155; (3) the sales agent refuses to permit the executive director, the director, the commission, or the state auditor to examine the agent's books, records, papers, or other objects under Section 466.017(b); or. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Counterfeit and Altered Tickets. 107, Sec. Amended by Acts 1995, 74th Leg., ch. 466.105. TITLE 7. Sec. what is a wood router good for; bts associate director salary; (F) information obtained by commission security officers or investigators; (13) the development and availability of a model agreement governing the division of a prize among multiple purchasers of a winning ticket purchased through a group purchase or pooling arrangement; (14) the criteria to be used in evaluating bids for contracts for lottery facilities, goods, and services; or. (b) The director shall pay the cash equivalent of a prize other than prize money if more than one person is entitled to share the prize as provided by Subsection (a). 4.03(b), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1385 (S.B. Aug. 30, 1993. (b) The commission shall review and must approve all major procurements as provided by commission rule. The report must contain recommendations to enhance the earnings capability of the lottery and improve the efficiency of lottery operations. (a) Annually, the comptroller shall review the management and operations of the lottery. 78, eff. (a) Repealed by Acts 2011, 82nd Leg., ch. Search Texas Statutes. (1) "Minority business" means a business entity at least 51 percent of which is owned by minority group members or, in the case of a corporation, at least 51 percent of the shares of which are owned by minority group members, and that: (A) is managed and, in daily operations, is controlled by minority group members; and. Acts 2009, 81st Leg., R.S., Ch. 6.19, eff. (d) A party who is aggrieved by the commission's resolution of a protest under Subsection (c) may file an action in the district court of Travis County. ENFORCEMENT. 466.107. Aug. 30, 1993. (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. (a) A person may assign, in whole or in part, the right to receive prize payments that are paid by the commission in installments over time if the assignment is made to a person designated by an order of a district court of Travis County, except that a person may not assign the right to receive prize payments if the person is subject to a child support order and is delinquent in making support payments under that order. 190 (H.B. September 1, 2013. Amended by Acts 1995, 74th Leg., ch. June 17, 2005. (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. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. June 19, 2009. Added by Acts 1993, 73rd Leg., ch. 466.451. The executive director shall appoint a deputy to administer the department. Aug. 30, 1993. 22990010 burglary of bldng enter/conceal intnd theft cs 30.02(c-1)(2) pc f3 22990011 burglary of vehicles 30.04(d) pc ma . CONFIDENTIAL INFORMATION. (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. DEMOGRAPHIC STUDIES. 466.3053. Sec. 107, Sec. Sec. 993 (H.B. 466.4075. 76, Sec. Sept. 1, 2001. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . 1, eff. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 466.203. PAYMENT OF PRIZES GENERALLY. 76, Sec. The maximum penalty is a year of imprisonment. Aug. 30, 1993. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. MINORITY BUSINESSES. 466.108. (c) Applications for licenses must be available for public inspection during regular office hours. 1655), Sec. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. Added by Acts 1993, 73rd Leg., ch. - Fast full-text search to quickly find . 696, Sec. OFFENSES AGAINST PROPERTY. Sept. 1, 1995. Sept. 1, 1997. 2.34, eff. 1.51, eff. FINGERPRINTS. INVESTIGATIONS. 1, eff. 2197), Sec. Added by Acts 1993, 73rd Leg., ch. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. texas penal code theft of lottery tickets. Aug. 30, 1993. GA-0837. 6.22, eff. Sept. 1, 1995. (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. Added by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 107, Sec. 2, eff. 4, eff. 1420, Sec. Amended by Acts 1995, 74th Leg., ch. (8) "Player" means a person who contributes any part of the consideration for a ticket. The certified public accountant may not have, as determined by the executive director, a significant financial interest in a sales agent, lottery vendor, or lottery operator. Aug. 30, 1993. Sec. 391, eff. Sec. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (7) require all bidders or contractors, when appropriate, to include specific plans or arrangements to use subcontracts with minority businesses. Sections 4301-4333), as amended. 4.03(b), eff. REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. Sept. 1, 1995. (B) the remainder to the foundation school fund. 466.028. 2, eff. (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. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. (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. 401.368, Lottery Ticket Vending Machine rule, if the licensee has been supplied with a self-service lottery ticket vending machine by the commission. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. Aug. 30, 1993. 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. The Texas State Law Library has many other resources in addition to the highlights we present below. Added by Acts 1993, 73rd Leg., ch. May 20, 2009. 14.761, eff. Sec. 689 (H.B. COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. (C) obtain a license to sell lottery tickets; (2) waive or modify bond requirements, if feasible; (3) award contracts for lottery equipment or supplies to minority businesses when possible; (4) award contracts for lottery services, including advertising, to minority businesses when possible; (5) license minority businesses as sales agents; (6) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and. (b) If a lottery game involves a drawing, the drawing must be open to the public. Aug. 30, 1993. 626), Sec. 107, Sec. 4.03(b), eff. 1, eff. 6.29, eff. 5, eff. Aug. 30, 1993. Sec. Sec. 466.311. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. Added by Acts 1993, 73rd Leg., ch. Sec. (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. Sec. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. 5.95(83), (94), 6.04, eff. Sec. Aug. 30, 1993. 466.410. If the value of the stolen property exceeds $950.00, then the more serious crime of grand theft can be . 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. For purposes of this subsection, the . IMMUNITY; CIVIL ACTIONS. A court order obtained pursuant to this section, together with all such prior orders, shall not require the commission to divide any single prize payment among more than three different persons. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. (a) Except as provided by this section, revenue received from the sale of tickets in this state for a multijurisdiction lottery game is subject to Subchapter H. (b) The commission may deposit a portion of the revenue received from the sale of multijurisdiction lottery game tickets in this state into a fund shared with other parties to an agreement under this subchapter for the payment of prizes awarded in multijurisdiction lottery games in which the commission participates. Sept. 1, 1999. (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. Petty theft is a misdemeanor punishable by. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. (b) An offense under this section is a Class A misdemeanor. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. In Texas, a conviction for a second-degree felony theft can result in imprisonment for up to 20 years and/or a fine of up to $10,000. 466.019. Sept. 1, 1995. (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or sales agent is entitled to written notice of the time and place of the hearing. 466.359. 76, Sec. Sec. Aug. 30, 1993. Sept. 1, 1997. 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. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. If notice is served by mail, the sales agent shall immediately return the license to the commission. 1963), Sec. 76, Sec. (c) An offense under this section is a felony of the third degree. 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. 466.305. 6.04, eff. 6.11, eff. 4.03(b), eff. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. Added by Acts 1993, 73rd Leg., ch. 76, Sec. DEFINITIONS. Theft. 76, Sec. 403, Sec. September 1, 2013. 4.03(b), eff. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. 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. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. Aug. 30, 1993. 76, Sec. (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. 4.03(b), eff. 466.251. 466.302. 107, Sec. 6.31, eff. 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. Acts 2011, 82nd Leg., R.S., Ch. Sec. If charged as a felony, the crime can be punished by 16 months to 3 years in prison. 76, Sec. (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. REVENUE FROM MULTIJURISDICTION LOTTERY. Sept. 1, 1997. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). 6.33, eff. (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. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . 3.01, eff. Product Features: - The full text of the Texas Penal Code. The court shall give preference to hearings and trials of actions under this section. Penal Code 47.03 creates an offense for gambling promotion. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. 6.07, eff. (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. (d) The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid. (3) in default on a loan guaranteed under Chapter 57, Education Code. Sec. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. GA-0812. 107, Sec. June 17, 2011. REPORTING AND RECORD VIOLATIONS. 4.03(b), eff. 76, Sec. 107, Sec. Aug. 30, 1993. Sec. 2. PROHIBITED GAMES. 76, Sec. 6.35, eff. 107, Sec. (a) The commission shall adopt all rules necessary to administer this chapter. Sec. 107, Sec. 2197), Sec. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . (a) The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. 394, Sec. 8.21, eff. 466.3012. 6.14, eff. 6.05, eff. Aug. 30, 1993. 466.102. 2, eff. 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). Sec. June 20, 2003. (2) expenses of operating the lottery and paying prizes are not expenses of state government. 6.18, eff. Sec. Sec. The suspension is effective at the time the notice is served. If the director denies an application based on another factor, the director may not refund any part of the application fee. 6(a), eff. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. Aug. 30, 1993. (b) A district court shall issue an order approving a voluntary assignment and directing the commission to direct prize payments in whole or in part to the assignee if: (1) a copy of the petition for the order and copies of all notices of any hearing in the matter have been served on the executive director not later than 20 days prior to any hearing or entry of any order. Acts 2013, 83rd Leg., R.S., Ch. May 20, 2009. Aug. 30, 1993. Sec. 466.016. A device that awards bingo cards or paper, card-minding devices and pull-tab bingo, or gift certificates redeemable for the same, is not rewarding the player exclusively with \\"noncash merchandise prizes, toys, or novelties,\\" as that phrase is used in subsection 47.01 (4) (B) of the Penal Code. Menu. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. 6.20, eff. Sec. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. 107, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. 466.403. . (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. (3) "Minor" means an individual who is younger than 18 years of age. 4.03(b), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (a) The department of security shall supervise ticket validation and lottery drawings. The certified public accountant shall present an audit report to the executive director, the commission, the governor, the comptroller, and the legislature not later than the 30th day after the submission date for the annual financial report required by the General Appropriations Act. California Penal Code 484(a) PC defines the crime of petty theft as wrongfully taking or stealing someone else's property when the value of the property is $950.00 or less.. U.S.C. SUMMARY SUSPENSION OF LICENSE. 4.03(b), eff. 76, Sec. Sept. 1, 1995. (B) the convenience of players and holders of winning tickets. The executive director may obtain information relating to a person's qualification for licensing, employment, or contracting under this chapter from the Internal Revenue Service under a contract between the comptroller and the Internal Revenue Service on: (2) an employee or prospective employee of the commission; (3) a person required to be named in a license application; (4) a lottery operator or prospective lottery operator; (5) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (6) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (7) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission; (8) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; or. 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