June 17, 2011. June 17, 2005. 76, Sec. (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. 62, Sec. 4.03(b), eff. (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: (1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and. September 1, 2017. (c) Applications for licenses must be available for public inspection during regular office hours. (a) The director and each lottery operator shall determine the compensation to be paid to sales agents for the sale of tickets as provided by this section. 6.08, eff. The . A person with whom the executive director contracts to operate a lottery must be eligible for a sales agent license under Section 466.155. (9) if a person described in Subdivisions (1) through (8) is not an individual, an individual who: (A) is an officer or director of the person; (B) holds more than 10 percent of the stock in the person; (C) holds an equitable interest greater than 10 percent in the person; (D) is a creditor of the person who holds more than 10 percent of the person's outstanding debt; (E) is the owner or lessee of a business that the person conducts or through which the person will conduct lottery-related activities; (F) shares or will share in the profits, other than stock dividends, of the person; (G) participates in managing the affairs of the person; or. September 1, 2019. Aug. 30, 1993. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. (B) the remainder to the foundation school fund. 4.03(b), eff. 107, Sec. Sec. 4.03(b), eff. 466.304. (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. (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 . DIVISION EMPLOYEES. Aug. 30, 1993. (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. (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. 6.03, eff. 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. Amended by Acts 1995, 74th Leg., ch. June 19, 2009. PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES. (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. September 1, 2013. (a) A person commits an offense if the person intentionally or knowingly purchases a ticket with: (1) the proceeds of a check issued as a payment under the Aid to Families with Dependent Children program administered under Chapter 31, Human Resources Code; or. 4.03(b), eff. Added by Acts 1993, 73rd Leg., ch. (2) a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code. Added by Acts 2017, 85th Leg., R.S., Ch. (2) establishing procedures for the executive director's accelerated acquisition of facilities, supplies, materials, equipment, and services for the operation of the lottery. COMPREHENSIVE BUSINESS PLAN. Amended by Acts 1995, 74th Leg., ch. ANNUAL REPORT. Sec. 76, Sec. Acts 2003, 78th Leg., ch. 1, eff. 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. 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. May 1, 2022 . The suspension is effective at the time the notice is served. Please call us at (512) 463-1722 if you have any questions about these materials. 2. Sec. Id. Larceny of tickets; fraudulent notification of prizes; penalty. Sept. 1, 2003. (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. (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 . 1394, Sec. (b-1) The commission shall adopt rules governing nondisclosure of the personally identifiable information of certain lottery prize winners under Section 466.411. 4.03(b), eff. 78, eff. 1153, Sec. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. (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. 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. (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. 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. Sec. 1104, Sec. Sec. Sept. 1, 1995. 76, Sec. A petition filed under this section shall include in the caption the prize winner's name as it appears on the lottery claim form; (2) the assignment is in writing, executed by the assignor and assignee (or designated agent), and by its terms subject to the laws of this state; and. 6.12, eff. 76, Sec. 466.026. (2) any validation tests established by the commission for the particular lottery game involved. 1, eff. (d) The director may license as a sales agent each person the director believes will best serve the public convenience. If married, the assignor shall identify his or her spouse and submit to the court a sworn and notarized statement wherein the spouse consents to the assignment. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. 76, Sec. It states that "A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of another person without the other person's consent" (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. BOND; INSURANCE. 2.72(b), eff. 466.353. 3, eff. Sept. 1, 1995. 6.14, eff. 4.03(b), eff. (c) The commission by rule shall require that a ticket that contains a number of words, as determined by commission rule, in a language other than English must include disclosures in that language. Below are some of the library resources that can provide further guidance on this topic. (10) "Ticket" means any tangible evidence issued to provide participation in a lottery game authorized by this chapter. (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. Amended by Acts 1999, 76th Leg., ch. 3), Sec. Added by Acts 1999, 76th Leg., ch. (b) A district court shall issue an order approving a voluntary assignment and directing the commission to direct prize payments in whole or in part to the assignee if: (1) a copy of the petition for the order and copies of all notices of any hearing in the matter have been served on the executive director not later than 20 days prior to any hearing or entry of any order. 442), Sec. 5, eff. 107, 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. (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. (2) expenses of operating the lottery and paying prizes are not expenses of state government. (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. Amended by Acts 1995, 74th Leg., ch. 6.33, eff. Aggravated Robbery - Texas Penal Code Section 29.03 defines this as: (a) A person commits an offense if he commits robbery as defined in Section 2902, and he: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon; or. 1275, Sec. (c) The commission may adopt rules governing the establishment and operation of the lottery, including rules governing: (1) the type of lottery games to be conducted; (3) the number of winning tickets and amount of the prize paid on each winning ticket; (4) the frequency of the drawing or selection of a winning ticket; (5) the number and types of locations at which a ticket may be sold; (6) the method to be used in selling a ticket; (7) the use of vending machines or electronic or mechanical devices of any kind, other than machines or devices that dispense currency or coins as prizes; (8) the manner of paying a prize to the holder of a winning ticket; (9) the investigation of possible violations of this chapter or any rule adopted under this chapter; (10) the means of advertising to be used for the lottery; (11) the qualifications of vendors of lottery services or equipment; (12) the confidentiality of information relating to the operation of the lottery, including: (B) security measures, systems, or procedures; (D) bids or other information regarding the commission's contracts, if disclosure of the information would impair the commission's ability to contract for facilities, goods, or services on terms favorable to the commission; (E) personnel information unrelated to compensation, duties, qualifications, or responsibilities; and. June 15, 2001. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. 8.22, eff. 5, eff. Texas authorities cleared, or charged, about 14% of all Texas larceny thefts. (2) "Video lottery machine" or "machine" means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including video poker, keno, and blackjack, using a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash, coins, or tokens, or that directly dispenses cash, coins, or tokens. 466.153. 76, Sec. 1423, Sec. For more information, see Texas Penal Code Section 31.03(e)(4)(B). 1, eff. Added by Acts 1993, 73rd Leg., ch. An offense under this section is a Class A misdemeanor. Sec. 466.205. Sec. Added by Acts 1993, 73rd Leg., ch. 3.078, eff. Sec. 2.72(b). Added by Acts 1993, 73rd Leg., ch. 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