texas penal code theft of lottery tickets

689 (H.B. Added by Acts 1993, 73rd Leg., ch. (a) By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved. What is Theft by Deception Under Texas Law? 76, Sec. 3, eff. Aug. 30, 1993. 2197), Sec. (b) If a minor is entitled to prize money on a winning ticket in an amount of $600 or more, the director may direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of an adult member of the minor's family or of the minor's guardian as custodian for the minor. Aug. 30, 1993. 107, Sec. THEFT. (6) "Lottery game" includes a lottery activity. Theft is a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000, 10 or more head of . If the sales agent is not an individual, each officer, director, or owner of the sales agent is personally liable to the division for the full amount of the money or unsold tickets held in trust for the benefit of the state. (a) On request of the executive director, the comptroller shall assist the executive director in: (1) acquiring facilities, supplies, materials, equipment, and services under Subtitle D, Title 10; or. (4) "Executive director" means the executive director of the commission. (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. 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. (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. REPORTING AND RECORD VIOLATIONS. The executive director is not required to receive the court order, the writ of withholding, or notice of child support lien until the executive director determines there is a periodic installment prize to which the prize winner is entitled. 466.002. 6.39, eff. (c) An offense under this section is a felony of the third degree. September 1, 2013. (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. Amended by Acts 1995, 74th Leg., ch. 107, Sec. Jasmine Renee Wiley was arrested on Thursday, May 17 and charged with theft of property in an amount greater than $30,000 but less than $150,000. That is, it is an offense to knowingly "operate or participate in the earnings of a gambling place," "engage in bookmaking," or . (c) An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing. MINORITY BUSINESSES. Sept. 1, 1995. 6.23, eff. Amended by Acts 2001, 77th Leg., ch. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 1993, 73rd Leg., ch. The commission by rule shall establish a procedure to determine what constitutes a major procurement based on the cumulative value of a contract and other relevant factors. Sec. 1153, Sec. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Sec. (2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. Payments made to the executive director under this subsection shall be deposited in the general revenue fund and may be used to reimburse the Department of Public Safety for the actual costs of an investigation. 1), Sec. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. Sec. Sec. 4.03(b), eff. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. 2, eff. Aug. 30, 1993. September 1, 2013. 76, Sec. 107, Sec. (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. 687, Sec. 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. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. (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. Code Order (PDF) 11-01-2022; Version 18 Offense . (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). Added by Acts 1993, 73rd Leg., ch. California Penal Code 484(a) PC defines the crime of petty theft as wrongfully taking or stealing someone else's property when the value of the property is $950.00 or less.. Added by Acts 1993, 73rd 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. Tampering with a lottery ticket can have serious consequences. 466.308. 1104, Sec. 466.312. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. 4.03(b), eff. 4.03(b), eff. (b) The commission shall adopt rules prohibiting the operation of any game using a video lottery machine or machine. If a sales agent's rental payments for premises are contractually computed in whole or in part on the basis of a percentage of the lessee's retail sales and if the computation of the lessee's rental payment is not explicitly defined to include sales of tickets in a state-operated lottery, the compensation received by the sales agent from the lottery is considered to be the net amount of the lessee's retail sales of tickets for the purpose of computing the rental payment. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. 5, eff. If the director determines that more than one claimant has been awarded a specific unpaid prize in a specific lottery game, each claimant is entitled only to an equal share of the prize. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. Added by Acts 1993, 73rd Leg., ch. 107, Sec. (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. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. 74 (H.B. Amended by Acts 1995, 74th Leg., ch. the person has previously been convicted of an offense under Section 466.306 (Forgery; Alteration of Ticket), 466.307 (Influencing Selection of Winner), 466.309 (Tampering With Lottery Equipment), 466.310 (Certain Transfers of Claims), or this section, in which event the offense is a felony of the third degree, unless the offense is designated . 29, eff. The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable. PREFERENCE FOR TEXAS BUSINESSES. 466.406. In Iowa, theft of a lottery ticket is a class D felony, putting you at risk of up to 5 years in prison and fines of up to $10,245, plus surcharges and court costs associated with the conviction . Sec. 4.03(b), eff. Renumbered from Sec. 107, Sec. (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. (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. (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. DEPARTMENT OF PUBLIC SAFETY ASSISTANCE; COSTS OF INVESTIGATION. (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. Sept. 1, 1999. 6.31, eff. Sec. (d) The state is discharged of all further liability on the payment of a prize under Section 466.403, 466.404, 466.406, 466.407, or 466.410 or this section or under any additional procedures established by rule. 18 U.S. Code section 1307: Exceptions relating to certain advertisements and other information and to State-conducted lotteries: This statute carves out a number of exceptions to the other statutes in 18 U.S. Code section 61 that prohibit distributing lottery tickets or advertising games of chance. 466.021. 17.19(5), eff. 466.104. 6.46, eff. CHAPTER 32. Sec. Sept. 1, 1999. probation, fines, restitution to the victim, and; up to 6 months of jail time. 6, eff. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. 3, eff. Added by Acts 1993, 73rd Leg., ch. SALE OF TICKET ON CREDIT. The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. 3.01, eff. Sept. 1, 1995. Sec. Aug. 30, 1993. 107, Sec. 107, Sec. For purposes of Article III, Section 49a, and Article VIII, Section 22, of the Texas Constitution: (1) funds received from the operation of a lottery are not revenue; and. 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. PENAL CODE. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. Penal Code 459.5 PC defines the California crime of "shoplifting" as entering a commercial establishment during regular business hours with the intent to steal merchandise valued at $950 or less.PC 459.5 shoplifting is a misdemeanor punishable by. 107, Sec. Amended by Acts 1995, 74th Leg., ch. 2197), Sec. 76, Sec. Sec. UNCLAIMED PRIZES. 37), Sec. (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. Search Texas Statutes. September 1, 2021. (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. (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). 76, Sec. 466.3012. 6.38, eff. Sept. 1, 1997. Aug. 30, 1993. September 1, 2013. 4.03(b), eff. 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. Sec. Amended by Acts 1995, 74th Leg., ch. (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. 4.03(b), eff. 4, eff. Aug. 30, 1993. Sept. 1, 2003. 107, Sec. 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. Sept. 1, 2001. 466.201. 76, Sec. Added by Acts 1993, 73rd Leg., ch. 1655), Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. what is a wood router good for; bts associate director salary; (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). (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. Aug. 30, 1993. 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. (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. 993 (H.B. 678, Sec. RULES. 466.155. Sec. The account consists of all revenue received from the sale of tickets, license and application fees under this chapter, and all money credited to the account from any other fund or source under law. (b) Subsection (a) does not prohibit the executive director from awarding a contract for the purpose of conducting a promotional event to a person who would be denied a license as a sales agent under Section 466.155(a)(4)(C) but not under any other provision of Section 466.155. Sec. 107, Sec. Division employees are specifically exempted from Chapter 654. (b) A person commits an offense if the person knowingly refuses to produce for inspection by the director, executive director, commission, or state auditor a book, record, or document required to be maintained or made by this chapter or a rule adopted under this chapter. Section 321.013(h) does not apply to an audit of a lottery operator or sales agent. Sept. 1, 1995. DUTIES OF COMPTROLLER. Acts 2013, 83rd Leg., R.S., Ch. Sec. 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