texas penal code theft of lottery tickets

DUTIES OF COMPTROLLER. (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. (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. Sept. 1, 1995. (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. 4.03(b), eff. The report must be in the form and reported in the time provided by the General Appropriations Act. The commission may acquire transmission facilities by lease, purchase, or lease-purchase. A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. (5) has violated this chapter or a rule adopted under this chapter. 6.04, eff. (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. 107, Sec. Sept. 1, 1995. September 1, 2013. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. Aug. 30, 1993. 76, Sec. (d) The director shall give an applicant or sales agent written notice of a denial of an application or a suspension or revocation of a license. Amended by Acts 1995, 74th Leg., ch. 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. (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: (1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or. (a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game. Added by Acts 1993, 73rd Leg., ch. 2, eff. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. Added by Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. Acts 2013, 83rd Leg., R.S., Ch. An offender can also receive enhanced penalties for preventing or . Sept. 1, 1995. The plan must at a minimum include: (B) the effectiveness of specific programs and initiatives; (C) the ongoing efficiency of agency operations; (D) the amount of lottery revenue that is generated for state purposes other than the payment of prizes; and. 1128, Sec. Aug. 30, 1993. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as . (c) Not later than the first anniversary after the date of each renewal, the commission shall obtain criminal history record information maintained by the Department of Public Safety on a sales agent whose license is renewed under Section 466.158. 466.027. Sec. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 6.28, eff. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. (4) all prize money subject to this section and not deposited or appropriated in accordance with Subdivision (1), (2), or (3) shall be deposited to the credit of the foundation school fund. Sec. 6.35, eff. 76, Sec. Added by Acts 1997, 75th Leg., ch. 6.46, eff. SALE OF TICKET AT UNAUTHORIZED LOCATION. Amended by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. (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. 6.33, eff. (j) After receiving a letter or ruling from the Internal Revenue Service or a published decision of a court as provided by Subsection (i)(1) or (2), the executive director shall immediately file a copy of the letter, ruling, or published decision with the secretary of state. Sec. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. (B) the convenience of players and holders of winning tickets. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. Aug. 30, 1993. GROUP PURCHASE ARRANGEMENTS. Sept. 1, 1995. FRAUD. 4.03(b), eff. (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. 937 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 466.355. 1, eff. Retailer fails to assist a player when a vending machine malfunctions or a refund is required. Sept. 1, 1995. 141 (H.B. (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. UNCLAIMED PRIZES. 3.04(a), eff. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1995. Aug. 30, 1993. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket to another person by extending credit or lending money to the person to enable the person to purchase the ticket. First, consider the primary form of theft known as larceny theft. Added by Acts 1993, 73rd Leg., ch. (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. 4.03(b), eff. 466.201. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. 76, Sec. Menu. (b-1) Notwithstanding Subsection (b), if the legislature appropriates money from the general revenue fund to the programs described by Subsection (b) in an amount equal to the maximum amount of money that could be appropriated from unclaimed prize money to those programs under that subsection, all unclaimed prize money must be deposited to the credit of the foundation school fund. 403 (S.B. May 26, 2017. 107, Sec. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. A. 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. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . 107, Sec. (3) the assignor provides a sworn and notarized affidavit stating that the assignor: (A) is of sound mind, over 18 years of age, is in full command of the person's faculties, and is not acting under duress; (B) is not delinquent in payment of child support under a court or administrative order issued in this state or another state; (C) has been advised regarding the assignment by independent legal counsel and has had the opportunity to receive independent financial and tax advice concerning the effects of the assignment; (D) understands that the assignor will not receive the prize payments, or portions of the prize payments, for the assigned years; (E) understands and agrees that with regard to the assigned payments, the state, the commission, and its officials and employees will have no further liability or responsibility to make the assigned payments to the assignor; (F) has been provided a one-page written disclosure statement stating, in boldfaced type, 14 points or larger: (i) the payments being assigned, by amounts and payment dates; (ii) the purchase price being paid, if any; (iii) if a purchase price is paid, the rate of discount to the present value of the prize, assuming daily compounding and funding on the contract date; and, (iv) the amount, if any, of any origination or closing fees that will be charged to the assignor; and. Texas Lottery Retailer Support (b) A lottery operator may sell tickets to a sales agent. 4.03(b), eff. In this chapter: (1) "Commission" means the Texas Lottery Commission. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. GA-0812. Under California Penal Code Section 487, grand theft is the theft of anything with a value in excess of $950. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Added by Acts 1995, 74th Leg., ch. (c) A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age. 466.306. Renumbered from Sec. 458, Sec. Amended by Acts 1995, 74th Leg., ch. (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. Police are asking for the public's help in identifying a suspect wanted for allegedly stealing $17,000 in lottery . Aug. 30, 1993. (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. 107, Sec. Added by Acts 2009, 81st Leg., R.S., Ch. (a) Except as provided by Subsection (d), all revenue received from the sale of tickets and all money credited to the state lottery account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the director. 506 (S.B. 76, Sec. Added by Acts 1993, 73rd Leg., ch. Sec. 107, Sec. STATE LOTTERY ACCOUNT. PROHIBITED GAMES. (a) Each sales agent shall post a cash bond, surety bond, letter of credit, certificate of deposit, or other security approved by the executive director, including the contribution of cash to a pooled bond fund established by the executive director to protect the state from possible losses. Amended by Acts 1997, 75th Leg., ch. 58.1-4018.1. (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. 165, Sec. 466.4075. 466.022. (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. 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 . 6.06, eff. 4.03(b), eff. 2197), Sec. 1394, Sec. 6.26, eff. 689 (H.B. (c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that: (1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree; (2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or. Sec. 466.317. Added by Acts 1993, 73rd Leg., ch. 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. (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. 107, Sec. 107, Sec. The commission may enter into a written agreement with the appropriate officials of one or more other states or other jurisdictions, including foreign countries, to participate in the operation, marketing, and promotion of a multijurisdiction lottery game or games. 4.03(b), eff. 466.203. 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