(b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: (a) The state lottery account is a special account in the general revenue fund. The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery. (b) This section does not waive any immunity of the commission or this state. Aug. 30, 1993. Acts 2019, 86th Leg., R.S., Ch. Search Texas Statutes. (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. Aug. 30, 1993. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. 1, eff. 76, Sec. 1 / 163. Sept. 1, 1995. The amount of the security shall be determined by the executive director and must reflect the possible losses to the state from the operation of the sales agent. 4.03(b), eff. 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. 1104, Sec. Sec. September 1, 2013. REVENUE FROM MULTIJURISDICTION LOTTERY. 678, Sec. 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. 466.308. Sec. Sept. 1, 1997. 76, Sec. 1420, Sec. 993 (H.B. (d) The immunity provided by Subsection (a) does not apply to a cause of action for personal injury or wrongful death. Search Texas Statutes. CHAPTER 31. Sec. Sept. 1, 1995. It can take place in 2 ways. (b) An investigation report or other document submitted by the Department of Public Safety to the commission becomes part of the investigative files of the commission and is subject to discovery by a person that is the subject of the investigation report or other document. PENAL CODE. Under Texas law, ( Penal Code 47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest. 59), Sec. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. Sec. 1, eff. 431 (S.B. 107, Sec. 4.03(b), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. At the end of each shift, the clerks have to run a report that reflects the lottery purch. Lottery ticket fraud can be punished under several California laws. Sec. The commission shall adopt rules governing the competitive bidding process. (e) An offense under Subsection (a) is a Class C misdemeanor. When the executive director files a copy of the letter, ruling, or published decision with the secretary of state, an assignor is ineligible to assign a prize under this section, and the commission shall not make any payment to an assignee pursuant to a court order entered after the date of such letter or ruling. A court order obtained pursuant to this section, together with all such prior orders, shall not require the commission to divide any single prize payment among more than three different persons. 107, Sec. 8.2, eff. Sec. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. 466.307. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. FINGERPRINTS. Menu. The . Sec. The state auditor may review the results of and working papers related to the audit. 1. (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. Sec. 689 (H.B. Sept. 1, 2003. 4.03(b), eff. 323 (H.B. Sec. 165, Sec. 4.03(b), eff. PROHIBITED CONTRACTS. Renumbered from Sec. The version of the offense codes is updated after every legislative session and the most up to date and current list of the offense codes can be found on this page. 6.09, eff. Sec. Aug. 30, 1993. 466.155. 107, Sec. 4, eff. 76, Sec. 2. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 76, Sec. MULTIJURISDICTION AGREEMENT AUTHORIZED. CHANGE IN APPLICATION INFORMATION. (a) Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable. Sec. A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery must provide for liquidated damages and a performance bond in an amount equal to the executive director's best available estimate of the revenue that would be lost if the contractor fails to meet deadlines specified in the contract. Acts 2011, 82nd Leg., 1st C.S., Ch. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 4.03(b), eff. Sept. 1, 2003. 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. (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. Acts 2013, 83rd Leg., R.S., Ch. 107, Sec. Amended by Acts 1999, 76th Leg., ch. (b) If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner. 713 (S.B. 8, eff. 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. (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. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. 6.45, eff. 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. Added by Acts 1995, 74th Leg., ch. 76, Sec. VETERANS' ASSISTANCE GAME. 6(a), eff. 165, 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. 107, Sec. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. 4.03(b), eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 466.3054. 5, eff. 466.313. (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. 466.253 and amended by Acts 1995, 74th Leg., ch. (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 . Larceny of tickets; fraudulent notification of prizes; penalty. (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. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. A. (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. Sec. 403 (S.B. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed 4.03(b), eff. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. Sec. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code. (a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. (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. There are two instances in which theft is a second-degree felony: The property was worth $150,000 or more but less than $300,000; or; The property was an ATM or its contents or components 76, Sec. Implementation of this subsection must be consistent with Sections 466.152-466.154 and the rest of this section. 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. 6.17, eff. Added by Acts 1993, 73rd Leg., ch. 6.25, eff. Added by Acts 1993, 73rd Leg., ch. 626), Sec. Theft between $2,500 and $30,000 is a state jail felony. (C) obtain a license to sell lottery tickets; (2) waive or modify bond requirements, if feasible; (3) award contracts for lottery equipment or supplies to minority businesses when possible; (4) award contracts for lottery services, including advertising, to minority businesses when possible; (5) license minority businesses as sales agents; (6) monitor the effectiveness of the efforts to increase the ability of minority businesses to do business with the commission; and. 78, eff. 466.302. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. Retailer fails to monitor the machine as required to prevent sales to minors. 466.3053. TITLE 7. 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 . Statutes Title 7, Offenses Against Property; Chapter 31, Theft; Section 31.04, Theft of Service. Retail theft (often called shoplifting) falls under the general theft laws, with criminal penalties based on the value of goods stolen (see above). 4, eff. Aug. 30, 1993. Sept. 1, 1995. 466.102. 17.19(5), eff. 6.46, eff. 107, Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1104, Sec. Sec. 466.351. 76, Sec. 76, Sec. Added by Acts 1993, 73rd Leg., ch. DEMOGRAPHIC STUDIES. ASSIGNMENT OF PRIZES. 107, Sec. Within 20 days of receipt of the court order, the commission shall acknowledge in writing to both the assignor and the assignee its receipt of said court order. (d) With respect to any given prize, the order shall also recite and identify all prior assignments by amount of or fraction of payment assigned, the identity of the assignee, and the date(s) of payment(s) assigned. Added by Acts 2009, 81st Leg., R.S., Ch. 2197), Sec. Added by Acts 1993, 73rd Leg., ch. About one in every 50 Texans suffered a 2019 larceny-theft loss. (E) is 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 Paragraph (D); (2) is not an individual, and an individual described in Subdivision (1): (A) is an officer or director of the applicant or sales agent; (B) holds more than 10 percent of the stock in the applicant or sales agent; (C) holds an equitable interest greater than 10 percent in the applicant or sales agent; (D) is a creditor of the applicant or sales agent who holds more than 10 percent of the applicant's or sales agent's outstanding debt; (E) is the owner or lessee of a business that the applicant or sales agent conducts or through which the applicant will conduct a ticket sales agency; (F) shares or will share in the profits, other than stock dividends, of the applicant or sales agent; or. SUBCHAPTER E. CRIMINAL HISTORY INVESTIGATIONS. Added by Acts 2013, 83rd Leg., R.S., Ch. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". Amended by Acts 1995, 74th Leg., ch. 1, eff. (b) An offense under this section is a Class C misdemeanor. 466.251. Added by Acts 1993, 73rd Leg., ch. Aug. 30, 1993. 1410 (S.B. 76, Sec. Aug. 30, 1993. 466.402. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th 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). 76, Sec. Amended by Acts 1999, 76th Leg., ch. June 15, 2001; Acts 2003, 78th Leg., ch. (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. 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