Sec. 4.03(b), eff. 14.760, eff. What is Theft by Deception Under Texas Law? 107, Sec. (a) This section applies only to a prize that is awarded by the director under Section 466.402(b), including a prize paid in periodic installments. LICENSE REQUIRED. Added by Acts 1993, 73rd Leg., ch. Refreshed: 2021-06-07 Sept. 1, 1995; Acts 1995, 74th Leg., ch. 4.03(b), eff. A notice may be served on an applicant or sales agent personally or sent by certified or registered mail, return receipt requested, to the person's mailing address as it appears on the commission's records. The state auditor may review the results of and working papers related to the audit. (b) The executive director has the administrative, enforcement, and collection powers provided by Subtitle B, Title 2, Tax Code, in regard to the lottery. 1555), Sec. 4.03(b), eff. 626), Sec. 6.03, eff. 466.024. (15) any other matter necessary or desirable as determined by the commission, to promote and ensure: (A) the integrity, security, honesty, and fairness of the operation and administration of the lottery; and. SUBTITLE E. OTHER EXECUTIVE AGENCIES AND PROGRAMS. (b) It is an affirmative defense to prosecution under Sections 47.04 , 47.06 (a), and 47.06 (c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if: Sept. 1, 1997; Acts 1997, 75th Leg., ch. 141 (H.B. 6.10, eff. Aug. 30, 1993. 1394, Sec. 2, eff. Sept. 1, 1995. Aug. 30, 1993. star stable mistfall soundtrack; manhunt 2 psp iso highly compressed 17.19(5), eff. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995. (5) a mail order subscription on a mail order subscription form authorized by the commission. Added by Acts 1993, 73rd Leg., ch. (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized . 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 . The account consists of all revenue received from the sale of tickets, license and application fees under this chapter, and all money credited to the account from any other fund or source under law. Aug. 30, 1993. The commission shall adopt rules regarding the form and frequency of reports under this subsection. (b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful. Under Section 32.31, CREDIT CARD or DEBIT CARD ABUSE is defined as follows: CREDIT CARD or DEBIT CARD ABUSE is when a person uses a debit or credit card, whether expired or not, that the owner of that card did not consent to that cards use. A prize paid under this subsection is not required to be paid by warrant on the state lottery account. For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021 (Ownership of Exotic Wildlife and Fowl), Agriculture Code, if the animal is an estray. (b) The executive director may require a person who is subject to investigation to pay all costs of the investigation and to provide any information, including fingerprints, necessary to carry out the investigation or facilitate access to state or federal criminal history record information. (k) Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section. (g) For purposes of this section, a person is considered to be on active military duty if the person is covered by the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. 59), Sec. OFFENSES AGAINST PROPERTY. (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. PAYMENT OF PRIZE IN INSTALLMENTS. 76, Sec. 466.405. The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter. 1, eff. (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. (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. 107, Sec. (8) "Player" means a person who contributes any part of the consideration for a ticket. Sept. 1, 2001. TICKETS. 107, Sec. Amended by Acts 1995, 74th Leg., ch. The commission shall reimburse the Department of Public Safety for the actual costs of an investigation. (2) the division discovers the sales agent has failed to deposit money received from ticket sales, if the sales agent's license is being summarily suspended under Subsection (a)(1). September 1, 2013. (a) Repealed by Acts 2011, 82nd Leg., ch. (d) A person designated to receive payment on behalf of a minor has the powers and duties of a custodian under Chapter 141, Property Code. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1999. Sec. (a) A contract for the acquisition or provision of facilities, supplies, equipment, materials, or services related to the operation of the lottery is not subject to: (b) Notwithstanding the provisions of Title 2, Utilities Code, the commission may negotiate rates and execute contracts with telecommunications service providers for the interexchange services necessary for the operation of the lottery. (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. CHAPTER 32. (3) "Division" means the lottery division established by the commission under Chapter 467. (a) Annually, the comptroller shall review the management and operations of the lottery. 466.161. (a) After a hearing, the director shall deny an application for a license or the commission shall suspend or revoke a license if the director or commission, as applicable, finds that the applicant or sales agent: (A) has been convicted of a felony, criminal fraud, gambling or a gambling-related offense, or a misdemeanor involving moral turpitude, if less than 10 years has elapsed since the termination of the sentence, parole, mandatory supervision, or probation served for the offense; (B) is or has been a professional gambler; (i) described in Paragraph (A) or (B); or. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 6.21, eff. Sept. 1, 1999. 466.101. 1655), Sec. The director shall set the salaries of these employees. Aug. 30, 1993. Sec. "Appropriation is unlawful if it is without the owner [of the property's] effective consent.". (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. 2, eff. 466.3052. 2.34, eff. 8, eff. (1) "Adult" means an individual who is at least 18 years of age. GA-0837. This subsection does not require a commission member to sign the contract. Aug. 30, 1993. 201, Sec. Please call us at (512) 463-1722 if you have any questions about these materials. Added by Acts 1993, 73rd Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. If notice is served in person, the sales agent shall immediately surrender the license to the commission. 466.253 and amended by Acts 1995, 74th Leg., ch. 689 (H.B. (G) was advised in writing, at the time the assignment was signed, that the assignor had the right to cancel without any further obligation not later than the third business day after the date the assignment was signed. PROCUREMENT PROCEDURES. (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. The . 1, eff. 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; (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. (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. (a) The department of security shall supervise ticket validation and lottery drawings. 76, Sec. PROCUREMENTS. Sec. Aug. 30, 1993. Added by Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. The director shall determine from information provided by the department the amount required for costs incurred by the department and shall allocate those amounts to the department at least monthly. 1359 (H.B. (b) The executive director may also require a sales agent to maintain insurance if necessary to protect the interests of the state. Amended by Acts 1995, 74th Leg., ch. (b) The executive director may deny an application for a license or the commission may suspend or revoke a license if the applicant or sales agent fails on request to provide a complete legible set of fingerprints of a person required to be named in a license application. 107, Sec. (2) fails to maintain or make an entry the person knows is required to be maintained or made. Sec. 403 (S.B. (a) Except as otherwise provided by law, all commission records are subject to public inspection in accordance with Chapter 552. 76, Sec. 2197), Sec. 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