(a) The executive director or a lottery operator may not establish or operate a lottery game in which the winner is chosen on the basis of the outcome of a sports event. Sec. 1, eff. Definition. (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. SALE OF TICKET ON CREDIT. 1555), Sec. 466.4001. 466.453. 6.31, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (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. 678, Sec. Added by Acts 1993, 73rd Leg., ch. 6.47, eff. (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. Amended by Acts 1995, 74th Leg., ch. A new version of Section 2913.02 exists that will be effective as of April 4, 2023 View New Version. Amended by Acts 2001, 77th Leg., ch. LIQUIDATED DAMAGES; PERFORMANCE BOND. Sec. (3) in default on a loan guaranteed under Chapter 57, Education Code. (D) the director of the lottery division of the Texas Lottery Commission. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 107, Sec. 1 / 163. Added by Acts 2017, 85th Leg., R.S., Ch. 135, Sec. 76, Sec. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (2) merchandise explicitly represented to the person as . Please call us at (512) 463-1722 if you have any questions about these materials. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. If the assignor is married and the sworn and notarized statement is not presented to the court, the court shall determine, to the extent necessary and as appropriate under applicable law, the ability of the assignor to make the proposed assignment without the spouse's consent. (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 . 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. Menu. (b) A corporate applicant or sales agent is not required to notify the director under Subsection (a) of a transfer of less than 10 percent of the corporate stock unless the transfer results in a shareholder who previously held 10 percent or less of the stock holding more than 10 percent of the stock. MINORITY BUSINESSES. 14.761, eff. (a) Except as provided by Subsection (b), an applicant or sales agent shall notify the director of any change in the information in the applicant's or sales agent's most recent application for a license or renewal of a license. 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. September 1, 2019. (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). 107, Sec. (e) An eligible person serving on active military duty in any branch of the United States armed forces during a war or national emergency declared in accordance with federal law may claim a lottery prize not later than the 90th day after the date on which the earliest of the following occurs: (1) the person is discharged from active military duty; (2) the person returns to this state for more than 10 consecutive days; (3) the person returns to nonactive military duty status in the reserve or national guard; or. (b) The division or a lottery operator may run sales agent incentive games for sales agents using the incentive bonus amount or other amounts allocated by the director as compensation for sales agents. 466.353. Amended by Acts 1995, 74th Leg., ch. Statistics show that 2019's 496,279 Texas larceny thefts averaged $1,624 in value for a total Texas larceny-theft loss of $805,938,632. 107, Sec. Sept. 1, 1995. 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. (ii) who is currently delinquent in the payment of any state tax; (D) is an officer or employee of the commission or a lottery operator; or. (a) The commission is entitled to conduct an investigation of and is entitled to obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency to assist in the investigation of: (1) a sales agent or an applicant for a sales agent license; (2) a person required to be named in a license application; (3) a lottery operator or prospective lottery operator; (4) an employee of a lottery operator or prospective lottery operator, if the employee is or will be directly involved in lottery operations; (5) a person who manufactures or distributes lottery equipment or supplies, or a representative of a person who manufactures or distributes lottery equipment or supplies offered to the lottery; (6) a person who has submitted a written bid or proposal to the commission in connection with the procurement of goods or services by the commission, if the amount of the bid or proposal exceeds $500; (7) an employee or other person who works for or will work for a sales agent or an applicant for a sales agent license; (8) a person who proposes to enter into or who has a contract with the commission to supply goods or services to the commission; or. 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. 466.302. 107, Sec. (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. 8.22, eff. 107, Sec. THEFT. 4.03(b), eff. 466.402. Acts 2013, 83rd Leg., R.S., Ch. Recent Changes to the Laws. Sept. 1, 1999. 4, eff. 678, Sec. Sept. 1, 1995; Acts 1997, 75th Leg., ch. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for: (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. Sec. 466.014. 466.110. The state auditor may review the results of and working papers related to the audit. 4, eff. 1.02, eff. 466.157. 31.01. The director shall set the application fee in an amount that is at least sufficient to cover the costs incurred by the division and by the Department of Public Safety to process the application. Aug. 30, 1993. An offense under this section is a Class A misdemeanor. (a) The comptroller, in consultation with the director, shall establish procedures for the efficient implementation and operation of an electronic funds transfer system to meet the needs of the director under this chapter. (b) An offense under this section is a Class C misdemeanor. Within 20 days of receipt of the court order, the commission shall acknowledge in writing to both the assignor and the assignee its receipt of said court order. (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. (d) To initiate a proceeding to summarily suspend a sales agent's license, the commission must serve notice to the sales agent informing the agent of the right to a preliminary hearing and of the time and place of the preliminary hearing. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Aug. 30, 1993. (c) The director shall pay the cash equivalent of a prize other than prize money if the person entitled to claim the prize is a minor. June 20, 2003. (a-1) The executive director shall deduct delinquent child support payments from the winnings of a prize winner in the amount of the delinquency as determined by a court or a Title IV-D agency under Chapter 231, Family Code. 3.01, eff. 107, Sec. Sept. 1, 1995. Under Title 7, Section 31.03 of the Texas Penal Code, "A person commits an offense [theft] if he unlawfully appropriates property with intent to deprive the owner of property.". Added by Acts 1993, 73rd Leg., ch. 993 (H.B. 1, eff. (4) except as otherwise authorized by Section 466.411, all personally identifiable information of a natural person who is: (A) a lottery prize winner and who has chosen to remain anonymous under Section 466.411; or. 3), Sec. Sec. 107, Sec. 403 (S.B. Sept. 1, 1997. (4) all prize money subject to this section and not deposited or appropriated in accordance with Subdivision (1), (2), or (3) shall be deposited to the credit of the foundation school fund. 466.203. CLAIMING LOTTERY PRIZE BY FRAUD. Sec. 4.03, eff. GA-0812. (8) "Player" means a person who contributes any part of the consideration for a ticket. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 466.253 and amended by Acts 1995, 74th Leg., ch. Sec. 4.03(b), eff. ASSIGNMENT OF PRIZES. (9) "Sales agent" or "sales agency" means a person licensed under this chapter to sell tickets. (c) Applications for licenses must be available for public inspection during regular office hours. Aug. 30, 1993. 6.38, eff. Amended by Acts 1995, 74th Leg., ch. Aug. 30, 1993. (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. CHOICE BY CERTAIN PRIZE WINNERS TO REMAIN ANONYMOUS. 107, Sec. RULES. 6.01, eff. Added by Acts 1993, 73rd Leg., ch. 466.355. 4.03(b), eff. The full language of the code section reads: 165, Sec. Search Texas Statutes. (e) The court order shall include specific findings as to compliance with the requirements of Subsections (b), (c), and (d) and shall specify the prize payment or payments assigned, or any portion thereof, including the dates and amounts of the payments to be assigned, the years in which each payment is to begin and end, the gross amount of the annual payments assigned before taxes, and the name of the prize winner as it appears on the lottery claim form. 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 . Sept. 1, 1999. (c) The procurement procedures adopted by the executive director must, as determined feasible and appropriate by the executive director, afford any party who is aggrieved by the terms of a solicitation or the award of a contract an opportunity to protest the executive director's action to the commission. (b) An agreement constituting a conspiracy may be inferred from acts of the parties. (a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket. 993 (H.B. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. 466.012. 6.48, eff. 993 (H.B. Added by Acts 1995, 74th Leg., ch. 76, Sec. 403 (S.B. 1359 (H.B. Sec. 1423, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (3) "Division" means the lottery division established by the commission under Chapter 467. 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