4.03(b), eff. 626), Sec. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. Amended by Acts 1997, 75th Leg., ch. The application must state the basis for the applicant's claim to be the successor in interest to the sales agent and must contain a certification that the applicant would be eligible for a license under Section 466.155. 14.760, eff. Sec. Sec. 4.03(b), eff. (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. 466.303. 1128, Sec. 2.72(b). Aug. 30, 1993. (d) The Department of Public Safety, at the commission's request, shall perform a full criminal background investigation of a prospective deputy or investigator of the department of security. Retailer fails to monitor the machine as required to prevent sales to minors. The director shall set the application fee in an amount that is at least sufficient to cover the costs incurred by the division and by the Department of Public Safety to process the application. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. 6.48, eff. (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). (b) The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division. 1, eff. Sept. 1, 1995. Acts 2019, 86th Leg., R.S., Ch. 6(a), eff. Added by Acts 1995, 74th Leg., ch. Sec. 506 (S.B. (b) The payment of a prize in an amount of $600 or more may be made only by the director. May 20, 2009. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. 37), Sec. Renumbered from Sec. (b) This section does not waive any immunity of the commission or this state. Added by Acts 1995, 74th Leg., ch. 466.106. contact us : 220 948-8593, email : deeperlife@gmail.com. Sec. 466.201. Aug. 30, 1993. 4.03(b), eff. Below are some of the library resources that can provide further guidance on this topic. Amended by Acts 1999, 76th Leg., ch. (a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (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 involved is greater than $10,000, in which event the offense is a felony of the second degree. 107, Sec. Added by Acts 1993, 73rd Leg., ch. Penal Code 31.03 (a). 107, Sec. (h) In this section: (1) STATE LOTTERY ACCOUNT. Added by Acts 1993, 73rd Leg., ch. (a) The commission shall adopt all rules necessary to administer this chapter. Amended by Acts 1999, 76th Leg., ch. (b) The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter. 758), Sec. DEFINITIONS. VETERANS' ASSISTANCE GAME. 107, Sec. Aug. 30, 1993. 466.158. Acts 2013, 83rd Leg., R.S., Ch. 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. Sec. 403 (S.B. 4.03(b), eff. PAYMENT OF PRIZE AWARDED TO MINOR. For purposes of the application of Title 2 of the Tax Code: (1) the state's share of proceeds from the sale of lottery tickets is treated as if it were a tax; and. Sec. Added by Acts 2003, 78th Leg., ch. 403 (S.B. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. 466.408. (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. (B) the remainder to the foundation school fund. Amended by Acts 2001, 77th Leg., ch. A person who desires to operate more than one location to sell tickets must submit a separate application for each location. Added by Acts 1993, 73rd Leg., ch. 107, Sec. A 37-year-old Victorville man has been arrested more than two weeks after allegedly stealing about $5,000 in California Lottery scratcher tickets, according to the Hesperia Police Department. (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. Sec. 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. (d) A person designated to receive payment on behalf of a minor has the powers and duties of a custodian under Chapter 141, Property Code. September 1, 2019. For more information, see Texas Penal Code Section 31.03(e)(4)(B). Sept. 1, 1995. (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. 6.11, eff. June 17, 2011. 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. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. GA-0812. 993 (H.B. If the drawing or selection of winning tickets is televised under a contract with the commission, the contract must be awarded by competitive bid. 76, Sec. 6.06, eff. Each of those items is subject to discovery by a person that is the subject of the item. 466.002. The . Acts 2009, 81st Leg., R.S., Ch. (2) aids or agrees to aid another person or persons to claim a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation. 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. 4.03(b), eff. 76, Sec. 1655), Sec. 466.012. Added by Acts 1993, 73rd Leg., ch. 466.3012. 937 (H.B. Amended by Acts 1997, 75th Leg., ch. 107, Sec. (7) "Lottery operator" means a person selected under Section 466.014(b) to operate a lottery. 76, Sec. 107, Sec. (2) the issuance by a court of a published decision holding 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. May 26, 2017. 141 (H.B. (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. ENFORCEMENT. (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. Sec. Added by Acts 1993, 73rd Leg., ch. (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. Acts 2011, 82nd Leg., R.S., Ch. (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. Aug. 30, 1993. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 4.03(b), eff. The drawing and inspections must be recorded on video and audio tape. Sections 4301-4333), as amended. 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. (b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. Aug. 30, 1993. Added by Acts 1995, 74th Leg., ch. 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, eff. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. 4.03(b), eff. 466.0161. REVIEW BY COMPTROLLER. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. (b) An offense under this section is a Class C misdemeanor. 6.01, eff. In this chapter: (1) "Commission" means the Texas Lottery Commission. 107, Sec. Sec. Sec. SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE. Aug. 30, 1993. 32.01. (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. 3, eff. 76, Sec. BOND; INSURANCE. Sec. Sec. 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. 76, Sec. (6) "Lottery game" includes a lottery activity. 6.09, eff. Amended by Acts 1995, 74th Leg., ch. 107, Sec. September 1, 2013. Menu. 4.03(b), eff. REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE. 4.03(b), eff. 466.403. Sept. 1, 2001. 6.19, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Aug. 30, 1993. Aug. 30, 1993. (4) the executive director learns the sales agent has failed to disclose information that would, if disclosed, render the sales agent ineligible for a license under Section 466.155. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. EXPIRATION OF LICENSE; RENEWAL. Sec. (2) a power granted to the comptroller may be exercised by the commission. 696, Sec. 6.22, eff. (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. Petty theft is a misdemeanor punishable by. 1, eff. September 1, 2013. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. (d) Except as provided by Subsection (e), a ticket holder forfeits any claim or entitlement to a prize for: (1) an on-line game after the expiration of the 180th day following the draw date; and. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. 6.18, eff. Sec. In the case of a ticket (or prize) valued at more than $950, the crime is charged as grand theft. (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. Sec. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. Added by Acts 1993, 73rd Leg., ch. 3.01, eff. 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