(c) The executive director may award a contract for lottery supplies or services, including a contract under Subsection (b), pending the completion of any investigation authorized by this chapter. 14.760, eff. (b) Each lottery operator's and sales agent's records are subject to audit by the commission and the state auditor. (1) "Sports event" means a football, basketball, baseball, or similar game, or a horse or dog race on which pari-mutuel wagering is allowed. Sept. 1, 1995. September 1, 2013. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. June 17, 2011. (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. 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. Sept. 1, 1995. The commission may share in the payment of costs associated with participating in multijurisdiction lottery games. Sec. If the sales agent uses an on-line electronic terminal to sell tickets, the director or a lottery operator on the instructions of the director may terminate the connection of the terminal to the commission's lottery computer at the time: (1) the proceeding to summarily suspend the license is initiated; or. Sept. 1, 1995; Acts 1997, 75th 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. 466.3051. 466.4001. Sec. DEFINITION. Aug. 30, 1993. (c) For purposes of this section, the amount of a lottery prize is the total amount of prize money paid to a prize winner for a single lottery prize claim, whether paid in one payment or in periodic installments, before deducting any federal tax withholdings or other deductions required by law. 466.153. 466.452. 466.158. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. 76, Sec. An offender can also receive enhanced penalties for preventing or . 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. DELIVERY OF FUNDS. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. (2) any validation tests established by the commission for the particular lottery game involved. 4.03(b), eff. Larceny of tickets; fraudulent notification of prizes; penalty. Books Available from the State Law Library. (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. SALE OF TICKET AT UNAUTHORIZED LOCATION. 7(a), eff. DUTIES OF COMPTROLLER. 107, Sec. 76, Sec. Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for: (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and, (B) is alleged to have committed the offense while engaged in lottery activities; or. Added by Acts 1993, 73rd Leg., ch. Retailer fails to monitor the machine as required to prevent sales to minors. Sept. 1, 2001. (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). 2, eff. 1555), Sec. 107, Sec. REPORTING BY SALES AGENT; RECORDS. Sept. 1, 1997. Sept. 1, 1995. Sec. 5.95(83), (94), 6.04, eff. Sec. 1423, Sec. 4.03(b), eff. (a) The commission shall operate an instant-ticket lottery game to benefit the fund for veterans' assistance established by Section 434.017. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. 4.03(b), eff. Answer: Of course your going to go to jail and considering that the state controls that, you will go to state prison for that too. (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. (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. (2) an offense under the Penal Code, if the accused: (A) is a lottery operator, lottery vendor, sales agent, or employee of the division; and (B) is alleged to have committed the offense while engaged in lottery activities; or (3) an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal 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. (f) The commission may adopt rules necessary to administer this section. 6.22, eff. Added by Acts 1993, 73rd Leg., ch. 466.155. (a) The commission may purchase or lease facilities, goods, and services and make any purchases, leases, or contracts necessary for carrying out the purposes of this chapter. The applicant or sales agent shall notify the director of the change in the information not later than the 10th day after the date of the change. May 26, 2017. (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. (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. Added by Acts 2005, 79th Leg., Ch. what is a wood router good for; bts associate director salary; September 1, 2013. (2) "Director" means the director of the division. 1545), Sec. (f) A certified copy of a court order granted under this section shall be delivered to the commission and such order must be provided to the commission no later than 20 days prior to the date upon which the first assigned payment is to be paid to the assignee. LICENSE REQUIRED. Sept. 1, 1995. 8, eff. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. (d) The director may provide for a sales agent to retain from the money received from the sale of tickets the amount of prizes paid by the agent or the agent's commission, if any, and may establish how often the agent will make settlement payments to the treasury. 6.34, eff. Penal Code 31.03 (a). TICKET VALIDATION; DRAWINGS. 76, Sec. 76, Sec. A hearing under this section is subject to Section 2001.058(e). (c) A security officer or investigator employed by the department of security or a peace officer who is working in conjunction with the commission or the Department of Public Safety in the enforcement of this chapter, without a search warrant, may search and seize a lottery vending machine, lottery computer terminal, or other lottery equipment that is located on premises for which a person holds a sales agent license issued under this chapter. RULES. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. The commission may adopt rules relating to a multijurisdiction lottery game or games. Sections 501-594) or the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. (a) A person commits an offense if the person intentionally or knowingly sells a ticket and the person accepts anything other than the following as payment for the ticket: (2) a negotiable instrument in the form of a check that meets the requirements of Section 3.104, Business & Commerce Code; (3) a debit made through a financial institution debit card; (4) a coupon or voucher issued by the commission for purposes of purchasing a lottery ticket; or. Sec. 6.08, eff. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. The executive director shall appoint a deputy to administer the department. 6.35, eff. (c) An offense under this section is a Class A misdemeanor. (2) expenses of operating the lottery and paying prizes are not expenses of state government. (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. Sec. 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. Added by Acts 1993, 73rd Leg., ch. 993 (H.B. Added by Acts 1993, 73rd Leg., ch. 6.47, eff. 1385 (S.B. (b) An offense under this section is a Class C misdemeanor. (b) The comptroller shall report the results of the review to the governor, the lieutenant governor, and the speaker of the house of representatives. 76, Sec. 1104, Sec. 62, Sec. Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.20, Mail Theft. 2, eff. Amended by Acts 1995, 74th Leg., ch. PAYMENT OF PRIZES GENERALLY. If notice is served in person, the sales agent shall immediately surrender the license to the commission. In this chapter: (1) "Commission" means the Texas Lottery Commission. First, consider the primary form of theft known as larceny theft. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. Amended by Acts 1995, 74th Leg., ch. 107, Sec. 107, Sec. Aug. 30, 1993. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 6.01, eff. DEFINITIONS. The full language of the code section reads: 2, eff. 466.311. 6.10, eff. 3.01, eff. Below are some of the library resources that can provide further guidance on this topic. 76, Sec. 466.401. Added by Acts 1993, 73rd Leg., ch. 201, Sec. 4.03(b), eff. 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. Aug. 30, 1993. PURCHASE AND SALE OF TICKETS. 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 678, Sec. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. Answer (1 of 7): You don't seem to understand how the lottery works, questioner. 6.26, eff. (a) Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure. 107, Sec. 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. 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) 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. Sec. 76, Sec. 1. (3) property in the custody of any law enforcement agency was explicitly represented by any law . 466.105. 6.19, eff. September 1, 2013. (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. (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. For purposes of this subsection, the . June 17, 2005. 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. 6.36, eff. 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. Sec. 6(a), eff. 1, eff. 3, eff. 76, Sec. Sec. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. (b) The commission shall adopt rules for the renewal of licenses. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. (2) fails to maintain or make an entry the person knows is required to be maintained or made. 466.204. Added by Acts 1999, 76th Leg., ch. (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. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. 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. A license may not be transferred or assigned to any other person or location. (a) Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license. Id. (a) A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter. Section 12101 et seq.). 2197), Sec. 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