texas penal code theft of lottery tickets

Posted on 14 april 2023 by alpaca green beans recipe

A notice may be served on an applicant or sales agent personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. Code Order (PDF) 11-01-2022; Version 18 Offense . Aug. 30, 1993. (a) A specific prize as set forth by the prize structure of a specific lottery game may not be paid more than once. 1394, Sec. i bought a flip or flop house. In this chapter: (1) "Commission" means the Texas Lottery Commission. Aug. 30, 1993. Sept. 1, 2001. 76, Sec. 1, eff. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 4.03(b), eff. On July 19 at 3:00 am . June 19, 2009. Sept. 1, 1995; Acts 2003, 78th Leg., ch. The department shall notify the executive director of any change in information provided to the executive director when the department learns of the change. 466.023. (13) other security aspects of lottery operations. 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. Added by Acts 1993, 73rd Leg., ch. June 17, 2011. Texas Lottery Retailer Support 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. (a) Annually, the comptroller shall review the management and operations of the lottery. Added by Acts 1995, 74th Leg., ch. (a) If the executive director authorizes a person who is not an employee of the commission to sell tickets, the person must be licensed as a sales agent by the commission. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. 6.25, eff. (d) A contract between the division and a lottery operator under Subsection (b) must contain a provision allowing the contract to be terminated without penalty if the division is abolished. 31.01. The commission may adopt rules relating to a multijurisdiction lottery game or games. Product Features: - The full text of the Texas Penal Code. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. Sec. 198, Sec. (d) A separate license is required for each location at which tickets are to be sold. (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. Books Available from the State Law Library. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. Although theft of a lottery ticket can seem like any other type of theft out there, it is punished significantly more harshly than simple theft charges. 4.03(b), eff. 466.305. 6(a), eff. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 59), Sec. DEATH, DISSOLUTION, OR BANKRUPTCY OF SALES AGENT. 76, Sec. (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. LIABILITY OF SALES AGENT. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. 3.04(a), eff. Sept. 1, 1995. Theft From a Person. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. 107, Sec. EXPIRATION OF LICENSE; RENEWAL. 466.308. (c) It is no defense to prosecution for conspiracy under this section that: (1) one or more of the coconspirators is not criminally responsible for the object offense; (2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted; (3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution; (4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . June 19, 1999. Amended by Acts 1995, 74th 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. (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 alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. 466.204. Added by Acts 1993, 73rd Leg., ch. 107, Sec. (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. Aug. 30, 1993. Sec. 107, Sec. (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. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. The commission shall adopt rules governing the competitive bidding process. 76, Sec. The protest procedures must provide for an expedient resolution of the protest in order to avoid substantially delaying a solicitation or contract award that is necessary for the timely implementation of a lottery game. 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. (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. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1995. Acts 2011, 82nd Leg., 1st C.S., Ch. 76, Sec. CROCKETT - A 25-year-old Crockett woman is in jail after she allegedly stole over $47,000 in lottery tickets from the Wal-Mart Fuel Center. 107, Sec. Sept. 1, 1995. (c) Notwithstanding this section, the executive director may designate an employee of the commission to participate in a promotional event. 6.12, eff. Acts 2017, 85th Leg., R.S., Ch. (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code. (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). Aug. 30, 1993. (3) causes bodily injury to another person or threatens or places another person in fear of imminent . 74 (H.B. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. Sec. (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). COMPREHENSIVE BUSINESS PLAN. Sec. If the director denies an application based on another factor, the director may not refund any part of the application fee. 1423, Sec. Texas Penal Code Chapter 29.02. Amended by Acts 1999, 76th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. CONSPIRACY. 1, eff. 1, eff. Sec. (3) property in the custody of any law enforcement agency was explicitly represented by any law . June 19, 2009. (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. (h) In this section: (1) May 20, 2009. 592, Sec. 107, Sec. CHANGE IN APPLICATION INFORMATION. Sept. 1, 2001. SUBCHAPTER J. Sec. Acts 2011, 82nd Leg., R.S., Ch. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. (5) a mail order subscription on a mail order subscription form authorized by the commission. Added by Acts 1993, 73rd Leg., ch. PROCUREMENTS. Sept. 1, 1997. (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. 6.07, eff. Sec. Sept. 1, 1997. The study must include the income, age, sex, race, education, and frequency of participation of players. Aug. 30, 1993. Added by Acts 2013, 83rd Leg., R.S., Ch. 135, Sec. 689 (H.B. 6.19, eff. Once your ticket registers as a winning one in the store, the lottery will be alerted. SECURITY. 37), Sec. The legislature intends that advertisements or promotions sponsored by the commission or the division for the lottery not be of a nature that unduly influences any person to purchase a lottery ticket or number. 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) 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. DEFINITIONS. Amended by Acts 1997, 75th Leg., ch. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. (G) participates in managing the affairs of the applicant or sales agent; (3) has been finally determined to be delinquent in the payment of a tax or other money collected by the comptroller, the Texas Workforce Commission, or the Texas Alcoholic Beverage Commission; (4) is a person whose location for the sales agency is: (A) a location licensed for games of bingo under Chapter 2001, Occupations Code; (ii) a political subdivision of this state and on which is located a public primary or secondary school, an institution of higher education, or an agency of the state; or, (C) a location for which a person holds a wine and malt beverage retailer's permit, mixed beverage permit, mixed beverage permit with a retailer late hours certificate, private club registration permit, or private club registration permit with a retailer late hours certificate issued under Chapter 25, 28, 29, or 32, Alcoholic Beverage Code, other than a location for which a person holds a wine and malt beverage retailer's permit issued under Chapter 25, Alcoholic Beverage Code, that derives less than 30 percent of the location's gross receipts from the sale or service of alcoholic beverages; or. 6.05, eff. 466.411. Acts 2009, 81st Leg., R.S., Ch. Sec. 1 / 163. 5.95(50), 6.24, eff. The notice must state the alleged violations that constitute grounds for summary suspension. Conduct outside Texas constitutes a conspiracy to commit an offense inside Texas . Section 12101 et seq.). Sec. (4) enforcement of prohibitions on a person playing a lottery game by telephone. Theft. Sept. 1, 1995. An offender can also receive enhanced penalties for preventing or . Sec. 993 (H.B. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. (c) Applications for licenses must be available for public inspection during regular office hours. Added by Acts 1993, 73rd Leg., ch. (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). Sept. 1, 1997. Added by Acts 1993, 73rd Leg., ch. The Texas State Law Library has many other resources in addition to the highlights we present below. The player also acknowledges that the determination of whether the player is a valid winner is subject to: (1) the commission's rules and claims procedures, including those developed for the particular lottery game involved; and. Sept. 1, 1995. (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. Larceny of tickets; fraudulent notification of prizes; penalty. (3) the bankruptcy or receivership of a sales agent. 17.19(5), eff. Amended by Acts 1995, 74th Leg., ch. california state library staff. Added by Acts 1993, 73rd Leg., ch. June 17, 2005. GA-0812. Amended by Acts 1995, 74th Leg., ch. June 17, 2011. AUDITS. Sept. 1, 1997; Acts 2001, 77th Leg., ch. REPORTING BY SALES AGENT; RECORDS. Sec. 1423, Sec. 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. 32.01. (b) The commission shall adopt rules for the renewal of licenses. Sept. 1, 1999. Added by Acts 1993, 73rd Leg., ch. (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. (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. DEFINITION. (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. Amended by Acts 1995, 74th Leg., ch. Lottery ticket fraud can be punished under several California laws. 403 (S.B. Sept. 1, 1995; Acts 1999, 76th Leg., ch. ANNUAL REPORT. Amended by Acts 1995, 74th Leg., ch. 165, Sec. (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. 5.95(94), 6.09, eff. The commission by rule shall establish the procedures for depositing money from ticket sales into electronic funds transfer accounts, as well as other procedures regarding the handling of money from ticket sales. 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. 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. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. Sept. 1, 1997. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). (b) A lottery operator may sell tickets to a sales agent. Sec. 3), Sec. Sec. Sept. 1, 1995. Tex. 76, Sec. Aggravated Robbery - Texas Penal Code Section 29.03 defines this as: (a) A person commits an offense if he commits robbery as defined in Section 2902, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. (b) The commission may release or disclose the personally identifiable information of a natural person who is a lottery prize winner if the person chooses to have the prize paid in periodic installments. June 17, 2011. 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 . 466.404. Sept. 1, 1997. 544, Sec. 2, eff. 626), Sec. (b) If a lottery game involves a drawing, the drawing must be open to the public. This subsection does not require a commission member to sign the contract. The maximum penalty is a year of imprisonment. 466.019. (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. (b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority: (1) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to the Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund, or appropriated from that account to provide indigent health care services as specified in Chapter 61, Health and Safety Code; (2) not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services; (3) the remaining amount, not to exceed $5 million in prize money in each state fiscal year less any amount deposited in the fund in that year attributable to the lottery game operated under Section 466.027, shall be deposited to the fund for veterans' assistance; and. 1997, 75th Leg., texas penal code theft of lottery tickets and operations of the parties ) enforcement of prohibitions a! 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