CERTAIN TRANSFERS OF CLAIMS. (E) the factors affecting the amount of lottery revenue received and disbursed, including ticket sales and administrative efficiency. 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. Jasmine Renee Wiley was arrested on Thursday, May 17 and charged with theft of property in an amount greater than $30,000 but less than $150,000. 466.311. 466.151. 4.03(b), eff. 73991043 texas mental health code viol w/prev conv 571.020 hsc f* (g) The commission shall establish and collect a reasonable fee to defray any administrative expenses associated with an assignment made under this section, including the cost to the commission of any processing fee imposed by a private annuity provider. RULES. (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. Amended by Acts 1999, 76th Leg., ch. The procedures must, as determined feasible and appropriate by the commission and executive director, promote competition to the maximum extent possible. (b) An offense under this section is a Class A misdemeanor. 6.01, eff. Amended by Acts 1999, 76th Leg., ch. PENAL CODE. (d) This section does not prohibit release of a natural person prize winner's city or county of residence or prevent the commission from releasing the person's personally identifiable information to the Health and Human Services Commission or as necessary to comply with Section 466.407 or 466.4075. September 1, 2009. (b-1) A hearing under this section must be conducted by the State Office of Administrative Hearings and is subject to Section 2001.058(e). 4.03(b), eff. 107, Sec. (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. Aug. 30, 1993. 1385 (S.B. Sept. 1, 1999. Sec. (3) "Division" means the lottery division established by the commission under Chapter 467. Sept. 1, 1995. 6.12, eff. i bought a flip or flop house. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. (b) If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets. (b) This section does not waive any immunity of the commission or this state. 1385 (S.B. OFFENSES AGAINST PROPERTY. (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. THEFT. On July 19 at 3:00 am . (f) A certified copy of a court order granted under this section shall be delivered to the commission and such order must be provided to the commission no later than 20 days prior to the date upon which the first assigned payment is to be paid to the assignee. 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. Aug. 30, 1993. 466.158. 198, Sec. (a) A person commits an offense if the person sells a ticket at a location other than the location of a sales agency. (b) In connection with providing security for the lottery, this section does not prohibit a security officer or investigator employed by the commission from appearing in a televised lottery drawing or other promotion for the lottery that is sponsored by the commission . 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. Penal Code 12.21 to 12.23, 12.32 to 12.35, 31.03, and 31.014 (2020).) 3.02, eff. 3, eff. Added by Acts 1999, 76th Leg., ch. (b) If the director proposes to deny an application for a license or the commission proposes to suspend or revoke a license under this section, the applicant or sales agent is entitled to written notice of the time and place of the hearing. 1, eff. 626), Sec. Sept. 1, 1995. (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. Added by Acts 2011, 82nd Leg., R.S., Ch. 3, eff. 1, eff. Sec. Sec. Added by Acts 1993, 73rd Leg., ch. 559), Sec. Sec. Sec. 687, Sec. - Real-time section number search. Sec. The commission may intervene in a proceeding to protect the interests of the commission but shall not be considered an indispensable or necessary party. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. Sec. (b) Money in the state lottery account may be used only for the following purposes and shall be distributed as follows: (1) the payment of prizes to the holders of winning tickets; (2) the payment of costs incurred in the operation and administration of the lottery, including any fees received by a lottery operator, provided that the costs incurred in a fiscal biennium may not exceed an amount equal to 12 percent of the gross revenue accruing from the sale of tickets in that biennium; (3) the establishment of a pooled bond fund, lottery prize reserve fund, unclaimed prize fund, and prize payment account; and. (c) A person commits an offense if the person violates this section. Sept. 1, 1995. (a) The commission shall develop a comprehensive business plan to guide the commission's major initiatives. Sept. 1, 1999. (2) an employee or prospective employee of the commission. Texas Penal Code Chapter 29.02. COMPREHENSIVE BUSINESS PLAN. Search Texas Statutes. Sec. The report must include recommendations for the improvement of minority business opportunities in lottery-related business. June 15, 2001; Acts 2003, 78th Leg., ch. (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the prize involved is greater than $10,000, in which event the offense is a felony of the second degree. 403 (S.B. 3.01, eff. 76, Sec. Acts 2009, 81st Leg., R.S., Ch. Aug. 30, 1993. The commission shall establish the amount of the fee to reflect the direct and indirect costs associated with processing the assignment. (b) The comptroller may request assistance from the Texas Facilities Commission in performing its facilities-related duties under this section. (f) The commission may deduct money paid to an eligible person under Subsection (e) from prize money that would otherwise be deposited under Subsection (b). September 1, 2013. (b) The applicant must include an application fee with each application. 1), Sec. Acts 2017, 85th Leg., R.S., Ch. (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. 17.19(5), eff. (a) A political subdivision of this state may not impose: (2) a tax on the payment of a prize under this chapter; or. 5, eff. For purposes of this subsection, the . (a) The executive director shall deduct the amount of a delinquent tax or other money from the winnings of a prize winner who has been finally determined to be: (1) delinquent in the payment of a tax or other money to a state agency and that delinquency is reported to the comptroller under Section 403.055; (2) in default on a loan made under Chapter 52, Education Code; or. 107, Sec. Aug. 30, 1993. INFLUENCING SELECTION OF WINNER. 6(a), eff. 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. Sept. 1, 1995. 6.23, eff. 6, eff. (b) In this section, "statement" includes: Added by Acts 1993, 73rd Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1995, 74th Leg., ch. Sec. Aug. 30, 1993. 76, Sec. Added by Acts 1993, 73rd Leg., ch. Texas Lottery Retailer Support Sec. Amended by Acts 1995, 74th Leg., ch. 6(a), eff. (a) Except as otherwise provided by this chapter, all files, records, information, compilations, documents, photographs, reports, summaries, and reviews of information and related matters collected, retained, or compiled by the Department of Public Safety in the discharge of its duties under this chapter are confidential and are not subject to public disclosure. 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. Sept. 1, 1995. (a) The executive director shall maintain a department of security in the commission. 1, eff. 592, Sec. If the director determines that more than one claimant has been awarded a specific unpaid prize in a specific lottery game, each claimant is entitled only to an equal share of the prize. 403 (S.B. The director may not issue a license to a person to engage in business exclusively as a sales agent. (b) The comptroller periodically shall file reports with the executive director providing information regarding the revenue credited to the state lottery account, the investments of the money in the account, and the distributions made from the account. 466.160. 107, Sec. Texas State Offense: Gambling Promotion. 2, eff. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". 1, eff. (a) The commission and executive director may establish procedures for the purchase or lease of facilities, goods, and services and make any purchases, leases, or contracts that are necessary for carrying out the purposes of this chapter. 993 (H.B. 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. (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. 7(a), eff. Renumbered from Sec. 2197), Sec. DIVISION EMPLOYEES. 696, Sec. 6.33, eff. 76, Sec. Amended by Acts 1995, 74th Leg., ch. 4, eff. Aug. 30, 1993. 31.03 (b) (1). TELEVISION CONTRACTS. (5) a mail order subscription on a mail order subscription form authorized by the commission. (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. Aug. 30, 1993. Added by Acts 1995, 74th Leg., ch. 6.19, eff. 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. (d) The director may provide for a sales agent to retain from the money received from the sale of tickets the amount of prizes paid by the agent or the agent's commission, if any, and may establish how often the agent will make settlement payments to the treasury. 107, Sec. A thief who stole two whole bins of Texas Lottery scratch-off tickets from a gas station has been caught by police after he attempted to cash in a prize. (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal. Added by Acts 1993, 73rd Leg., ch. (d) The commission shall encourage each sales agent that sells tickets to instant-ticket games or similar types of lottery games to sell tickets to the game operated under this section. 4.03(b), eff. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. (c) This section does not create a cause of action against this state, the commission, a commission employee, or a sales agent. 62, Sec. (c) An offense under this section is a Class A misdemeanor. 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. May 20, 2009. (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. 201, Sec. Sec. 993 (H.B. 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; Aug. 30, 1993. (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. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 6.09, eff. (B) an owner of a beneficial interest in a legal entity that is a lottery prize winner and who has chosen to remain anonymous under Section 466.411. June 19, 2009. The application must state the basis for the applicant's claim to be the successor in interest to the sales agent and must contain a certification that the applicant would be eligible for a license under Section 466.155. Sec. This subsection does not require a commission member to sign the contract. (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. 76, Sec. 466.014. Sec. Added by Acts 1993, 73rd Leg., ch. RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE. 1423, Sec. Once your ticket registers as a winning one in the store, the lottery will be alerted. Larceny of tickets; fraudulent notification of prizes; penalty. 198, Sec. 4.03(b), eff. The plan must at a minimum include: (B) the effectiveness of specific programs and initiatives; (C) the ongoing efficiency of agency operations; (D) the amount of lottery revenue that is generated for state purposes other than the payment of prizes; and. 2, eff. APPLICABILITY OF CONSTITUTIONAL PROVISIONS. 4.03(b), eff. 466.3011. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. , 2023 View new version of section 2913.02 exists that will be effective of... 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