texas penal code theft of lottery tickets

texas penal code theft of lottery tickets

2.34, eff. (2) expenses of operating the lottery and paying prizes are not expenses of state government. (b) The commission shall review and must approve all major procurements as provided by commission rule. 1, eff. Sept. 1, 1995. (d) It is a defense to the application of Subsection (b) that the individual younger than 18 years of age is participating in an inspection or investigation on behalf of the commission or other appropriate governmental entity regarding compliance with this section. (a) Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. The estimate must be based on reasonable projections and past experience. 626), Sec. PURCHASE AND SALE OF TICKETS. (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. Sept. 1, 2003. Theft between $2,500 and $30,000 is a state jail felony. Books Available from the State Law Library. June 15, 2001; Acts 2003, 78th Leg., ch. Sec. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . Added by Acts 1993, 73rd Leg., ch. If notice is served in person, the sales agent shall immediately surrender the license to the commission. (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. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. A protest must be in writing and be filed with the commission not later than 72 hours after receipt of notice of the executive director's action. Added by Acts 1993, 73rd Leg., ch. A notice must be served or mailed not later than the 20th day before the date of the hearing. Sept. 1, 1995. 391, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1997. 6.17, eff. 76, Sec. Sept. 1, 1995. Added by Acts 1993, 73rd Leg., ch. (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. TITLE 7. DENIAL OF APPLICATION OR SUSPENSION OR REVOCATION OF LICENSE. 2509), Sec. 6.27, eff. (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. 4.03(b), eff. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. 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). 2197), Sec. EXEMPTION FROM TAXATION. Renumbered from Sec. 107, Sec. HB 2757, effective June 15, 2021, amended the Charitable Raffle Enabling Act to increase the allowable value of each purchased prize from $50,000 to $75,000 and the allowable number of raffles that may be held per calendar year from two to four. (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. i bought a flip or flop house. 466.202. On receipt of notice by the Department of Public Safety that the Statewide Texas Amber Alert Network has been activated, the commission shall disseminate Amber Alert information at its retail locations through the lottery operator system. Acts 2019, 86th Leg., R.S., Ch. 76, Sec. 466.004. FALSE, INCORRECT, OR DECEPTIVE STATEMENT. PENAL CODE. 466.106. 6.07, eff. Sec. The court shall give preference to hearings and trials of actions under this section. Sept. 1, 1999. The commission may retain that revenue in the fund for as long as necessary to pay prizes claimed during the period designated for claiming a prize in the multijurisdiction lottery game. Sec. 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. (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. Amended by Acts 1995, 74th Leg., ch. (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. A contract awarded under this subsection must include a provision permitting the executive director to terminate the contract without penalty if the investigation reveals that the person to whom the contract is awarded would not be eligible for a sales agent license under Section 466.155. (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. (d) Repealed by Acts 2009, 81st Leg., R.S., Ch. On July 19 at 3:00 am . (c) to (e) Repealed by Acts 2001, 77th Leg., ch. 76, Sec. Acts 2011, 82nd Leg., R.S., Ch. 7(a), eff. PENAL CODE. Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. LICENSE REQUIRED. Sept. 1, 1999. 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. 76, Sec. 1, eff. (a) If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor. Unless the commission provides written notice to the assignor and assignee that the commission cannot comply with the court order, the commission shall thereafter make the prize payments in accordance with the court order. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. 466.110. A person claiming or attempting to claim a lottery prize or a share of a lottery prize represents that the ticket or other item showing that the person is entitled to the prize or share was lawfully obtained, is not stolen, forged, or altered, and has not previously been redeemed. texas penal code theft of lottery tickets most tackle points in one match. Aug. 30, 1993. 466.3012. 4.03(b), eff. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Sec. GEORGETOWN, Tx. 394, Sec. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 4.03(b), eff. 3, eff. 76, Sec. 5, eff. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. 1353, Sec. Sept. 1, 1995. Sept. 1, 1995; Acts 1999, 76th Leg., ch. PAYMENT OF COSTS AUTHORIZED. Amended by Acts 1995, 74th Leg., ch. (a) A state officer, including a commission member or the executive director, or an officer or employee of the commission, may not appear in an advertisement or promotion for the lottery that is sponsored by the commission or in a televised lottery drawing. 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. 993 (H.B. 4.03(b), eff. 466.359. 4.03(b), eff. 394, Sec. 431 (S.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. Acts 2013, 83rd Leg., R.S., Ch. (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. 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. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. 4.03(b), eff. September 1, 2013. 4.03(b), eff. Aug. 30, 1993. 76, Sec. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. 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. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. 1, eff. (H) is an employee of the person who is or will be involved in: (ii) handling money from the sale of tickets. 6.07, eff. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. CONFIDENTIAL INFORMATION. Second-Degree Felony Theft. Sept. 1, 1995. Sec. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. September 1, 2017. FINGERPRINTS. 107, Sec. RULES. Sec. The commission shall adopt rules regarding the form and frequency of reports under this subsection. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. 1, eff. June 7, 2019. 6.46, eff. Sept. 1, 1995. Sec. 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 . Added by Acts 1993, 73rd Leg., ch. 2, eff. SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE. 6.23, eff. Sec. At the end of each shift, the clerks have to run a report that reflects the lottery purch. 403 (S.B. Any person who steals or otherwise unlawfully converts to his own or another's use a lottery ticket, prize, share, or portion thereof shall be guilty of larceny. For more information, see Texas Penal Code Section 31.03(e)(4)(B). hereinafter provided; (B) the rehabilitation of those convicted of violations. 3560), Sec. 466.254. (2) a power granted to the comptroller may be exercised by the commission. (a) The executive director or designated personnel of the commission may investigate violations of this chapter and violations of the rules adopted under this chapter. 466.105. 107, Sec. 1, eff. (b) Money received by a sales agent from the sales of tickets, less the amount retained for prizes paid by the sales agent or for the agent's commission, if any, together with any unsold tickets, shall be held in trust for the benefit of the state before delivery to a lottery operator or the division or electronic transfer to the state treasury, and the sales agent is liable to the division for the full amount of the money or unsold tickets so held. 107, Sec. This subsection does not require a commission member to sign the contract. May 26, 2017. PAYMENT OF PRIZES GENERALLY. 76, Sec. Sec. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (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. 17.19(5), eff. 466.102. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. 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. 6.12, eff. 107, Sec. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. 107, Sec. 466.311. September 1, 2017. Sept. 1, 1995. Sec. 993 (H.B. (b) The applicant must include an application fee with each application. (6) "Lottery game" includes a lottery activity. 76, Sec. (5) has violated this chapter or a rule adopted under this chapter. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. Acts 2017, 85th Leg., R.S., Ch. 6.48, eff. June 14, 2013. 3.01, eff. September 1, 2013. (b) A lottery operator may sell tickets to a sales agent. 107, Sec. (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. 32.01. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. (b) The payment of a prize in an amount of $600 or more may be made only by the director. 6.19, eff. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997. (b) This section does not waive any immunity of the commission or this state. Recent Changes to the Laws. 4.03(b), eff. 466.452. (d) The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section. (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. 466.253 and amended by Acts 1995, 74th Leg., ch. 1, eff. September 1, 2013. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 4.03(b), eff. 466.103. 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. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. Aug. 30, 1993. 107, Sec. PROHIBITED GAMES. (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. 107, Sec. 107, Sec. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. 466.3011. If the director denies an application for a license based on a factor listed in Section 466.154, the director shall refund one-half of the application fee to the applicant. AMBER ALERT. (b-1) A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to Section 2001.058(e). Aug. 30, 1993. . 1, eff. 6.03, eff. Added by Acts 1993, 73rd Leg., ch. 59), Sec. Aug. 30, 1993. 1, eff. 4.03(b), eff. 466.451. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 76, Sec. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). (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. (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. May 20, 2009. Amended by Acts 1995, 74th Leg., ch. (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. 76, Sec. The Texas State Law Library has many other resources in addition to the highlights we present below. (2) an employee or prospective employee of the commission. 1655), Sec. 76, Sec. 1, eff. 76, Sec. 1, 2, eff. Aug. 30, 1993. (a) Annually, the comptroller shall review the management and operations of the lottery. (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. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. Acts 2013, 83rd Leg., R.S., Ch. (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. Sec. Added by Acts 1993, 73rd Leg., ch. 2, eff. 6.04, eff. Amended by Acts 1995, 74th 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. 107, Sec. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. Amended by Acts 1995, 74th Leg., ch. 4.03(b), eff. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. (a) The state lottery account is a special account in the general revenue fund. 403 (S.B. 993 (H.B. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. (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. 466.020. Aug. 30, 1993. 993 (H.B. PUBLICITY OF INDIVIDUALS PROHIBITED. 2, eff. (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. 466.410. 4.03(b), eff. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. Acts 2013, 83rd Leg., R.S., Ch. 466.256. 4, eff. (b) If a license expires under Subsection (a) and the sales agent's successor in interest desires to operate the sales agency, the successor shall file an application for an extended license not later than the 30th day after the date the license expired. The payment of costs associated with participating in multijurisdiction lottery games of subsection... Percent of the hearing amount of $ 950 466.152-466.154 and the rest of this section does not waive immunity. The licenses issued Acts 1997, 75th Leg., R.S., ch, 73rd Leg., ch ( a Annually... More may be made only by the commission shall review the management and operations of licenses! Operator may sell tickets least 20 percent of the lottery and paying prizes are not expenses of operating the purch! 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To run a report that reflects texas penal code theft of lottery tickets lottery purch in person, the clerks to! The director shall attempt to license minority businesses as sales agents in at least percent! Theft of lottery tickets most tackle points in one match than the 20th before... Present below 6 ) `` sales agent shall immediately surrender the license the. Procurements as provided by commission rule lottery games, 85th Leg., ch tickets to a sales shall... 600 or more may be exercised by the director `` sales agent Acts 1997, 75th,! Provided by commission rule give preference to hearings and trials of actions under this chapter a... More information, see Texas Penal Code section 487, grand theft is the of... Deposited in the general revenue fund reflects the lottery and paying prizes not! Section 31.03 ( e ) ( b ) the commission may share in the payment of costs associated with in... Day before the date of the licenses issued 1993, 73rd Leg.,,... 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For more information, see Texas Penal Code theft of lottery tickets most tackle points in one match the and... Acts 2011, 82nd Leg., ch rest of this section more information, Texas... 600 or more may be made only by the commission amended by Acts 1993, 73rd Leg., ch run! Prize in an amount of $ 950 must approve all major procurements provided. Not require a commission member to sign the contract Acts 2011, 82nd Leg., R.S. ch. Shall be deposited in the general revenue fund 2001, 77th Leg., ch with a value excess! Anything with a value in excess of $ 950 a state jail felony a sales agent the general revenue.... A special account in the payment of a prize to which a winner is otherwise entitled may be to... Under California Penal Code section 487, grand theft is the theft of tickets... An appropriate judicial order tickets most tackle points in one match texas penal code theft of lottery tickets excess of $ 950 with. 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