391, eff. (f) The executive director shall provide the commission with a complete report of the security study conducted under Subsection (e). (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. Amended by Acts 1999, 76th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Counterfeit and Altered Tickets. ASSIGNMENT OF PRIZES. September 1, 2019. 8.2, eff. Code Order (PDF) 11-01-2022; Version 18 Offense . (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. SHORT TITLE. The severity of the penalty depends on the dollar amount of . If the director denies an application for a license based on a factor listed in Section 466.154, the director shall refund one-half of the application fee to the applicant. Amended by Acts 1995, 74th Leg., ch. LICENSE APPLICATION; FEE. 6.06, eff. Added by Acts 1993, 73rd 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. (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. (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. (c) The director shall attempt to license minority businesses as sales agents in at least 20 percent of the licenses issued. 466.253 and amended by Acts 1995, 74th Leg., ch. 3, eff. 466.255 and amended by Acts 1995, 74th Leg., ch. 592, Sec. Robbery is a 2d degree felony in Texas. 466.308. Sec. Texas Penal Code Sec. Sept. 1, 1999; Acts 2001, 77th Leg., ch. (b) The receipts from the sale, use, or other consumption of a ticket are exempt from taxation under Chapter 151, Tax Code. Sec. Acts 2011, 82nd Leg., R.S., Ch. Sec. Sec. MINORITY BUSINESSES. 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 . Aug. 30, 1993. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. 2197), Sec. COMPREHENSIVE BUSINESS PLAN. SUBCHAPTER J. June 19, 2009. September 1, 2013. 2, eff. Added by Acts 1993, 73rd Leg., ch. 29, eff. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sec. (b) The commission may summarily suspend a sales agent's license if proceedings for a preliminary hearing before the State Office of Administrative Hearings are initiated simultaneously with the summary suspension. 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. 76, Sec. 2197), Sec. 993 (H.B. 1423, Sec. Amended by Acts 1995, 74th Leg., ch. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 1995. The commission shall make an annual report to the governor and the legislature that provides a summary of lottery revenues, prize disbursements, and other expenses for the fiscal year preceding the report. For purposes of this subsection, the . Amended by Acts 1995, 74th Leg., ch. RULES. 1), Sec. (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). The executive director shall transfer the money deducted under Subsection (b) or (c) to the appropriate person as determined by court order, the clerk of the court that issued the order for placement in the registry of the court, or the state disbursement unit under Chapter 234, Family Code, as appropriate. Aug. 30, 1993. 107, Sec. DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS. A. 1655), Sec. June 15, 2001. Added by Acts 1993, 73rd Leg., ch. 466.303. EXPIRATION OF LICENSE; RENEWAL. (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. 466.001. (c) Unless otherwise prohibited by law, the Department of Public Safety may retain any record or information submitted to it under this section. (1) estimate the amount to be transferred to the foundation school fund on or before September 15; and. Sept. 1, 2003. 466.310. (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. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. 696, Sec. Sept. 1, 1995. The director shall set the salaries of these employees. 5.95(94), 6.09, eff. Sept. 1, 1995. (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. The executive director may refuse to consider a prospective employee of the commission who fails to provide a complete legible set of fingerprints on request. Under Penal Code 31.03(e)(4)(B), theft from a person of another - or from a human corpse or grave - is a state jail felony punishable by up to two years in state jail and up to a $10,000 fine. Sec. 107, Sec. (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. 1385 (S.B. 107, Sec. POWERS AND DUTIES OF COMMISSION AND EXECUTIVE DIRECTOR. (c) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (9) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission. September 1, 2017. . 1, eff. Money received under the contract shall be deposited in the state lottery account established under Section 466.355. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. CERTAIN TRANSFERS OF CLAIMS. REMEMBER: THE SOONER YOU REPORT A THEFT OR LOSS, THE SOONER YOU CAN LIMIT YOUR FINANCIAL LIABILITY. 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. GEORGETOWN, Tx. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (In California, for any prize over $350,000, an investigation is automatically launched.) (e) An offense under Subsection (a) is a Class C misdemeanor. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. 394, Sec. 1104, Sec. 466.012. Added by Acts 1993, 73rd Leg., ch. DEFINITIONS. 323 (H.B. (b) If a claim is not made for prize money on or before the 180th day after the date on which the winner was selected, the prize money shall be used in the following order of priority: (1) subject to legislative appropriation, not more than $20 million in prize money each year may be deposited to the Department of State Health Services state-owned multicategorical teaching hospital account, which is an account in the general revenue fund, or appropriated from that account to provide indigent health care services as specified in Chapter 61, Health and Safety Code; (2) not more than $5 million in prize money each year may be appropriated to the Health and Human Services Commission and shall be used to support the provision of inpatient hospital services in hospitals located in the 15 counties that comprise the Texas-Mexico border area, with payment for those services to be not less than the amount established under the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost reimbursement methodology for the hospital providing the services; (3) the remaining amount, not to exceed $5 million in prize money in each state fiscal year less any amount deposited in the fund in that year attributable to the lottery game operated under Section 466.027, shall be deposited to the fund for veterans' assistance; and. (c) Applications for licenses must be available for public inspection during regular office hours. Sec. 466.159. Sept. 1, 1995. Acts 2013, 83rd Leg., R.S., Ch. The commission shall adopt rules regarding the form and frequency of reports under this subsection. Added by Acts 2005, 79th Leg., Ch. (c) The executive director may award a contract for lottery supplies or services, including a contract under Subsection (b), pending the completion of any investigation authorized by this chapter. 4.03(b), eff. Sept. 1, 1995. CLAIMING LOTTERY PRIZE BY FRAUD. 76, Sec. 76, Sec. 466.4001. A hearing under this section is subject to Section 2001.058(e). 6.21, eff. Sec. Sec. In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; 466.022. Sec. Sec. 107, Sec. 2, eff. Aug. 30, 1993. 466.313. Added by Acts 1993, 73rd Leg., ch. 76, Sec. Aug. 30, 1993. Sec. 1394, Sec. Chapter 32 of the Texas Penal Code governs the crime of CREDIT CARD or DEBIT CARD ABUSE in Texas. (b) If equipment or supplies produced in this state or services or advertising offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising. (c) If a claim is not made for a prize other than prize money on or before the 180th day after the date on which the winner was selected, the prize shall revert to the division for use in subsequent games. 6.12, eff. Penal Code 31.03 (a). 1, eff. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. 4.03(b), eff. (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. The executive director shall reimburse the department for the actual cost of an investigation. Added by Acts 1993, 73rd Leg., ch. If the director determines that prize money is to be paid in installments, the comptroller shall invest funds from the state lottery account as necessary to ensure the payment of the installments. 107, Sec. (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. 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