107, Sec. Added by Acts 1993, 73rd Leg., ch. 466.310. Retail Theft (Shoplifting) Under Texas Law. 993 (H.B. Amended by Acts 2001, 77th Leg., ch. Sec. 1385 (S.B. 5, eff. Sec. Section 12101 et seq.). 78, eff. Aug. 30, 1993. Aug. 30, 1993. 1, eff. FORGERY; ALTERATION OF TICKET. 4.03(b), eff. (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. 107, Sec. 1, eff. DUTIES OF COMPTROLLER. 993 (H.B. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. TITLE 7. 466.3051. Sec. Sec. (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. The maximum penalty is a year of imprisonment. Sept. 1, 1995. Acts 2011, 82nd Leg., R.S., Ch. 466.252. 6.01, eff. 1385 (S.B. Aug. 30, 1993. June 15, 2001; Acts 2003, 78th Leg., ch. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. June 17, 2011. Sec. 466.107. 4.03(b), eff. 466.012. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. 6(a), eff. 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. (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. (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. The notice must state the alleged violations that constitute grounds for summary suspension. The rules governing a hearing on any other license suspension or revocation under this chapter govern a final administrative hearing under this subsection. GENERAL PROVISIONS. probation, fines, restitution to the victim, and; up to 6 months of jail time. The executive director or state auditor may conduct an examination at the principal office or any other office of the lottery operator or sales agent or may require the lottery operator or sales agent to produce the records at the office of the commission or state auditor. PENAL CODE. 466.151. (b) The commission shall adopt rules to the extent they are not inconsistent with Chapters 551 and 552 governing the: (1) security for the lottery and the commission, including the development of an internal security plan; (2) apportionment of the total revenues from the sale of tickets and from all other sources in the amounts provided by this chapter; (3) enforcement of prohibitions on the sale of tickets to or by an individual younger than 18 years of age; and. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. Product Features: - The full text of the Texas Penal Code. 442), Sec. 32.01. The investments may be in securities, annuities, or other instruments as determined by the comptroller. Aug. 30, 1993. Aug. 30, 1993. 4, eff. (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. If charged as a felony, the crime is punishable by a sentence between 16 months and three years in county jail. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. (b) The commission shall adopt rules for the renewal of licenses. 2509), Sec. (c) At a hearing, an applicant or sales agent must show by a preponderance of the evidence why the application should not be denied or the license suspended or revoked. A violation of Texas Penal Code 47.02 is a Class C Misdemeanor which carries a penalty of a fine up to $500. In this chapter: (1) "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for . A notice must be served or mailed not later than the 20th day before the date of the hearing. 5.95(14), 6.13, eff. (h) In this section, "eligible person" means a person entitled to a lottery prize who: (1) while on active military duty in this state was transferred out of the state: (A) as a result of a war or national emergency declared in accordance with federal law; and, (B) before the 180th day after the date on which the winner of the lottery prize was selected; or. Search Texas Statutes. 466.404. Aug. 30, 1993. 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 The director shall permit a qualified applicant to operate under an extended license for not more than one year or until a new license is issued to the applicant, whichever occurs first. Sec. (g) For purposes of Subsection (a)(3), the comptroller, Texas Workforce Commission, and Texas Alcoholic Beverage Commission shall each provide the executive director with a report of persons who have been finally determined to be delinquent in the payment of any money owed to or collected by that agency. 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. 6.10, eff. If the director denies an application based on another factor, the director may not refund any part of the application fee. 4.03(b), eff. (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. 59), Sec. Texas State Offense: Gambling Promotion. DEFINITIONS. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. Contact Texas Lottery Customer Service if you have questions: 800-375-6886 or Customer.Service@lottery.state.tx.us. Sept. 1, 1997. DISPLAY OF LICENSE. 2482), 4. 76, Sec. SUMMARY SUSPENSION OF LICENSE. 4.03(b), eff. 1655), Sec. 4.03(b), eff. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 678, Sec. Aug. 30, 1993. Aug. 30, 1993. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. DEPARTMENT OF PUBLIC SAFETY RECORDS. (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. (c) A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order. 4.03(b), eff. (b) This section does not waive any immunity of the commission or this state. Sec. Sept. 1, 2001. 76, Sec. Acts 2011, 82nd Leg., R.S., Ch. of this code; and to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of . LIQUIDATED DAMAGES; PERFORMANCE BOND. 4.03(b), eff. Aug. 30, 1993. 107, Sec. Sec. 76, Sec. GA-0837. Sept. 1, 2003. 8, eff. 993 (H.B. LICENSE APPLICATION; FEE. June 19, 2009. (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. This application provides the full text of the Texas Penal Code in an easily readable and searchable format for your iPhone, iPad or iPod Touch. 466.306. Amended by Acts 1995, 74th Leg., ch. Sec. Aug. 30, 1993. 6, eff. 403 (S.B. 4.03(b), eff. THEFT. Theft between $2,500 and $30,000 is a state jail felony. Added by Acts 1993, 73rd Leg., ch. 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. Sept. 1, 1995. 17.19(5), eff. 107, Sec. 4.03(b), eff. PAYMENT OF PRIZE IN INSTALLMENTS. 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. (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. 76, Sec. 76, Sec. AGGREGATION OF AMOUNTS INVOLVED. PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS. 107, Sec. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. INFLUENCING SELECTION OF WINNER. 466.157. Sept. 1, 1997. mr cool 12000 btu installation manual; weird facts about glasgow; lamar jackson speed madden 22; best sugar paste for hair removal. 466.109. Amended by Acts 1995, 74th Leg., ch. SALE OF TICKET ON CREDIT. (a) A person commits an offense if he intentionally or knowingly does any of the following acts: (1) operates or participates in the earnings of a gambling place; (3) for gain, becomes a custodian of anything of value bet or offered to be bet; (4) sells chances on the partial or final result of or on the margin of victory . 6.12, eff. REPORTING BY SALES AGENT; RECORDS. Sec. (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. 466.255 and amended by Acts 1995, 74th Leg., ch. PURCHASE AND SALE OF TICKETS. (2) "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code. (a) The executive director shall prescribe the form of tickets. (c) The commission may delegate to the executive director the authority to approve procurements other than major procurements. CERTAIN TRANSFERS OF CLAIMS. (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. 4.03(b), eff. The commission shall provide the governor and the legislature, before the convening of each regular legislative session, with a summary of the security study that shows the overall evaluation of the lottery's security. PROHIBITED ADVERTISEMENTS. Aug. 30, 1993. 4.03(b), eff. PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS. 3.078, eff. Sept. 1, 1995. 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. 6.02, eff. SALE OF TICKET AT UNAUTHORIZED LOCATION. 466.3011. Sec. 107, Sec. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS. First, consider the primary form of theft known as larceny theft. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. 4.03(b), eff. 107, Sec. (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. 76, Sec. 6.28, eff. (4) "Executive director" means the executive director of the commission. June 19, 2009. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". Sec. 76, 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. (b) The executive director shall report the results of the demographic study conducted under Subsection (a) to the commission, the governor, and the legislature before the convening of each regular legislative session. Sept. 1, 1995. (d) The Department of Public Safety, at the commission's request, shall perform a full criminal background investigation of a prospective deputy or investigator of the department of security. 4.03(b), eff. Sec. 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. 107, Sec. 76, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Sec. 678, Sec. 2, eff. Sept. 1, 1995. Search Texas Statutes. Added by Acts 1993, 73rd Leg., ch. (a) A person commits an offense if the person, in a license application, in a book or record required to be maintained by this chapter or a rule adopted under this chapter, or in a report required to be submitted by this chapter or a rule adopted under this chapter: (1) intentionally or knowingly makes a statement or entry that the person knows to be false or misleading; or. (3) property in the custody of any law enforcement agency was explicitly represented by any law . IMMUNITY; CIVIL ACTIONS. DEFINITIONS. Added by Acts 1993, 73rd Leg., ch. Added by Acts 1995, 74th Leg., ch. > texas penal code theft of lottery tickets. Sec. The attorney general, the district attorney for Travis County, or the district attorney, criminal district attorney, or county attorney performing the duties of district attorney for the county in which the violation or alleged violation occurred may investigate a violation or alleged violation of this chapter and of the penal laws of this state by the commission or its employees, a sales agent, a lottery vendor, or a lottery operator. (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). 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. (2) while serving in the reserve forces in this state was placed on active military duty and transferred out of the state: (B) before the expiration of the 180th day after the date on which the drawing occurred for on-line games or before the expiration of the 180th day following the official "end of game" for instant games as determined by the commission. 466.023. (a) Unless suspended or revoked, a license expires on the date specified in the license, which may not be later than the second anniversary of its date of issuance. Texas Penal Code 32.51 is the section that provides for ID Theft as a crime in Texas. Added by Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 687, Sec. September 1, 2013. ASSIGNMENT OF PRIZES. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. (i) Notwithstanding any other provision of this section, there will be no right to assign prize payments following: (1) the issuance, by the Internal Revenue Service, of a technical rule letter, revenue ruling, or other public ruling of the Internal Revenue Service that determines 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; or. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. (c) It shall be the responsibility of the assignor to bring to the attention of the court, either by sworn testimony or by written declaration submitted under penalty of perjury, the existence or nonexistence of a current spouse. Sept. 1, 1995. (b) 2, eff. 4.03(b), eff. 76, Sec. 403 (S.B. Amended by Acts 1995, 74th Leg., ch. 3, eff. 1423, Sec. Added by Acts 1993, 73rd Leg., ch. (c) The commission shall annually report to the legislature and the governor on the level of minority business participation as pertains to both the commission's contracts and the licensing of sales agents. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) 107, Sec. Each lottery ticket is serially controlled, whether it's a scratch off, or its printed out by a machine, or by a store clerk. (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. 4.03(b), eff. 1410 (S.B. Sept. 1, 1997; Acts 1997, 75th Leg., ch. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 4.03(b), eff. 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