107, Sec. 394, Sec. 76, Sec. Sec. (e) Fees collected under this section shall be deposited in the state treasury to the credit of the state lottery account. EXPIRATION OF LICENSE; RENEWAL. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) The deputy must be qualified by training and experience in law enforcement or security to supervise, direct, and administer the activities of the department. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. 76, Sec. Added by Acts 1993, 73rd Leg., ch. PROCUREMENTS. (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. September 1, 2013. Sec. 466.158. Added by Acts 1993, 73rd Leg., ch. LICENSE REQUIRED. (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. Amended by Acts 1995, 74th Leg., ch. Texas Penal Code Sec. - Real-time section number search. From Jan '13 to March '13 they were playing the lottery at work, even though it was not allowed. 1420, Sec. 1359 (H.B. Amended by Acts 1995, 74th Leg., ch. 6.08, eff. Sec. (a) The division shall retain an unclaimed prize on a winning ticket for payment or delivery to the person entitled to the prize for 180 days after the date on which the winner was selected. Aug. 30, 1993. 403 (S.B. (c) to (e) Repealed by Acts 2001, 77th Leg., ch. Aug. 30, 1993. 993 (H.B. 58.1-4018.1. 59), Sec. This subsection does not require a commission member to sign the contract. Aug. 30, 1993. 466.019. 689 (H.B. PAYMENT OF PRIZE TO MULTIPLE WINNERS. (b) The executive director may establish a provisional license or other classes of licenses necessary to regulate and administer the quantity and type of lottery games provided at each licensed location. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1385 (S.B. 993 (H.B. 76, Sec. Sept. 1, 1995. (5) a mail order subscription on a mail order subscription form authorized by the commission. 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. 76, Sec. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 2001. Aug. 30, 1993. Sept. 1, 1995. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. Sec. Acts 2017, 85th Leg., R.S., Ch. (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. Amended by Acts 1995, 74th Leg., ch. Any person who steals or otherwise unlawfully converts to his own or another's use a lottery ticket, prize, share, or portion thereof shall be guilty of larceny. 993 (H.B. Aug. 30, 1993. The commission may adopt rules relating to a multijurisdiction lottery game or games. 466.154. 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. Added by Acts 1993, 73rd Leg., ch. (a) The department of security shall supervise ticket validation and lottery drawings. mr cool 12000 btu installation manual; weird facts about glasgow; lamar jackson speed madden 22; best sugar paste for hair removal. (a) The executive director shall provide for a certified public accountant to conduct an independent audit for each fiscal year of all accounts and transactions of the lottery. Added by Acts 1993, 73rd Leg., ch. 76, Sec. (e) The commission shall require any person seeking to contract for goods or services relating to the implementation and administration of this chapter to submit to competitive bidding procedures in accordance with rules adopted by the commission. Id. May 1, 2022 . Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sept. 1, 1995. (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. The director shall set the salaries of these employees. 466.404. Added by Acts 1993, 73rd Leg., ch. 4.03(b), eff. 466.451. 466.3052. OFFENSES AGAINST PROPERTY. (a) A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells or offers to sell a ticket to an individual that the person knows is younger than 18 years of age. Aug. 30, 1993. 466.3012. 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. 466.3011. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Lottery ticket fraud of this type can be punished under multiple laws. Sept. 1, 1997. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 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. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. probation, fines, restitution to the victim, and; up to 6 months of jail time. Acts 2009, 81st Leg., R.S., Ch. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). The commission shall adopt rules governing the competitive bidding process. 4.03(b), eff. 626), Sec. (4) 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 Subdivision (1), (2), or (3). Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 6.48, eff. (2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. (B) the convenience of players and holders of winning tickets. The commission shall adopt rules under which, before issuing a license to an applicant, the director shall consider: (1) the financial responsibility and security of the applicant and the business or activity in which the applicant is engaged; (2) the public accessibility of the applicant's place of business or activity; (3) the sufficiency of existing sales agents to serve the public convenience; (4) whether individuals under 18 years of age constitute a majority of the applicant's customers or as customers provide a majority of the applicant's sales volume; (6) any other factor that the director considers appropriate. September 1, 2009. 3, eff. 993 (H.B. Sec. 1420, Sec. 76, Sec. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Sec. probation,; fines, restitution and; up to 6 months in county jail. A hearing under this section is subject to Section 2001.058(e). Sept. 1, 1995. 466.101. (e) If the winnings of a prize winner exceed the amount deducted under Subsection (b) or (c) and Section 466.407 or any other section of this chapter allowing a deduction from the winnings of a prize winner, the executive director shall pay the balance to the prize winner. September 1, 2013. Aug. 30, 1993. (2) any validation tests established by the commission for the particular lottery game involved. Sections 4301-4333), as amended. Sec. (F) information obtained by commission security officers or investigators; (13) the development and availability of a model agreement governing the division of a prize among multiple purchasers of a winning ticket purchased through a group purchase or pooling arrangement; (14) the criteria to be used in evaluating bids for contracts for lottery facilities, goods, and services; or. June 17, 2005. Sept. 1, 1995. 107, Sec. Sept. 1, 1995. 466.155. Texas law defines theft as, "the unlawful appropriation of property with the intent to deprive the owner of the property.". Added by Acts 1993, 73rd Leg., ch. (c) An offense under this section is a Class A misdemeanor. 1, eff. (a) A sales agent acting in good faith is immune from civil liability for an act or omission within the course and scope of the agent's license under this chapter. Aug. 30, 1993. 2, eff. Terms in this set (285) Objectives of Code. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1999; Acts 2001, 77th Leg., ch. The preliminary hearing shall be set for a date not later than 10 days after the date of the summary suspension, unless the parties agree to a later date. RULES. 76, Sec. 403 (S.B. June 17, 2011. Amended by Acts 1995, 74th Leg., ch. 2, eff. Each offense code is associated with the specific Texas Statute and Citation where the level and degree of the offense is stated. Code Order (PDF) 11-01-2022; Version 18 Offense . Answer (1 of 7): You don't seem to understand how the lottery works, questioner. (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). COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT. 107, Sec. 1, eff. Sec. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. (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. (b) Each sales agent shall maintain records adequate to establish the disposition of each ticket provided to the sales agent, the amounts of money received for the sale of those tickets, and any prizes awarded by the sales agent. Sec. 76, 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. (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. FRAUD. Amended by Acts 1995, 74th Leg., ch. 466.312. 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