reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter E. Criminal History Investigations › Section 466.205. Confidential Information

Sec. 466.205.  CONFIDENTIAL INFORMATION.  (a)  All information received by the executive director from the Internal Revenue Service is confidential and may only be used as provided by the contract between the comptroller and the Internal Revenue Service under which the information was obtained.
(b)  The commission shall adopt rules governing the custody and use of criminal history record information obtained under this subchapter.  The comptroller shall adopt necessary rules governing the custody and use of information obtained from the Internal Revenue Service under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.28, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter F. Regulation of Games › Section 466.251. Tickets

Sec. 466.251.  TICKETS.  (a)  The executive director shall prescribe the form of tickets.
(b)  Repealed by Acts 2003, 78th Leg., ch. 198, Sec. 2.72(b).
(c)  The overall estimated odds of winning a prize in a particular lottery game must be printed on each ticket and prominently displayed in association with the sale of lottery products.  The estimate must be based on reasonable projections and past experience.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.29, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 198, Sec. 2.72(b), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter F. Regulation of Games › Section 466.252. Purchase of Ticket Agreement to Abide by Rules

Sec. 466.252.  PURCHASE OF TICKET AGREEMENT TO ABIDE BY RULES.  (a)  By purchasing a ticket in a particular lottery game, a player agrees to abide by and be bound by the commission's rules, including the rules applicable to the particular lottery game involved.  The player also acknowledges that the determination of whether the player is a valid winner is subject to:
(1)  the commission's rules and claims procedures, including those developed for the particular lottery game involved;  and
(2)  any validation tests established by the commission for the particular lottery game involved.
(b)  If the lottery uses tickets, an abbreviated form of the rules or a reference to the rules may appear on the tickets.
(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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.30, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 993 (H.B. 2197), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter F. Regulation of Games › Section 466.254. Purchase of Ticket by or Payment of Prize to Certain Persons

Sec. 466.254.  PURCHASE OF TICKET BY OR PAYMENT OF PRIZE TO CERTAIN PERSONS.  A person may not purchase a ticket or claim, collect, or receive a lottery prize or a share of a lottery prize if the person is:
(1)  a member, officer, or employee of a person that has a contract with the commission to sell or lease goods or services used in the operation of the lottery, and the member, officer, or employee is directly involved in selling or leasing the goods or performing the services that are the subject of the contract with the commission;
(2)  a member, officer, or employee of a lottery operator;
(3)  an officer or employee of the commission;  or
(4)  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 Subdivision (1), (2), or (3).
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.32, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 678, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter F. Regulation of Games › Section 466.256. Representatives by Person Claiming Lottery Prize

Sec. 466.256.  REPRESENTATIVES BY PERSON CLAIMING LOTTERY PRIZE.  A person claiming or attempting to claim a lottery prize or a share of a lottery prize represents that the ticket or other item showing that the person is entitled to the prize or share was lawfully obtained, is not stolen, forged, or altered, and has not previously been redeemed.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 6.34, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3011. Venue

Text of section effective until January 01, 2025
Sec. 466.3011.  VENUE.  Venue is proper in Travis County or any county in which venue is proper under Chapter 13, Code of Criminal Procedure, for:
(1)  an offense under this chapter;
(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
(3)  an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 6.35, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.094, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3011. Venue

Text of section effective on January 01, 2025
Sec. 466.3011.  VENUE.  Venue is proper in Travis County or any county in which venue is proper under Chapter 13A, Code of Criminal Procedure, for:
(1)  an offense under this chapter;
(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
(3)  an offense that involves property consisting of or including lottery tickets under Title 7 or 11, Penal Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 6.35, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.094, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3012. Aggregation of Amounts Involved

Sec. 466.3012.  AGGREGATION OF AMOUNTS INVOLVED.  When amounts are claimed, attempted to be claimed, or obtained in violation of this chapter pursuant to one scheme or continuing course of conduct, whether from the same or several sources, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 6.35, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.302. Sale of Ticket at Price Greater Than Fixed Price

Sec. 466.302.  SALE OF TICKET AT PRICE GREATER THAN FIXED PRICE.  (a)  A person commits an offense if the person intentionally or knowingly sells a ticket at a price the person knows is greater than that fixed by the commission or by the lottery operator authorized to set that price.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.36, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.303. Sale of Ticket by Unauthorized Person

Sec. 466.303.  SALE OF TICKET BY UNAUTHORIZED PERSON.  (a)  Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket.
(b)  A lottery operator may sell tickets to a sales agent.  A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket.  A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code.
(c)  An offense under this section is a felony of the third degree.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.37, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.761, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.304. Sale of Ticket at Unauthorized Location

Sec. 466.304.  SALE OF TICKET AT UNAUTHORIZED LOCATION.  (a)  A person commits an offense if the person sells a ticket at a location other than the location of a sales agency.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.305. Sale of Ticket on Credit

Sec. 466.305.  SALE OF TICKET ON CREDIT.  (a)  A sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket to another person by extending credit or lending money to the person to enable the person to purchase the ticket.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3051. Sale of Ticket to or Purchase of Ticket by Person Younger Than 18 Years of Age

Sec. 466.3051.  SALE OF TICKET TO OR PURCHASE OF TICKET BY PERSON YOUNGER THAN 18 YEARS OF AGE.  (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.
(b)  An individual who is younger than 18 years of age commits an offense if the individual:
(1)  purchases a ticket;  or
(2)  falsely represents the individual to be 18 years of age or older by displaying evidence of age that is false or fraudulent or misrepresents in any way the individual's age in order to purchase a ticket.
(c)  A person 18 years of age or older may purchase a ticket to give as a gift to another person, including an individual younger than 18 years of age.
(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.
(e)  An offense under Subsection (a) is a Class C misdemeanor.
(f)  An offense under Subsection (b) is punishable by a fine not to exceed $250.
Renumbered from Sec. 466.253 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.31, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 696, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3052. Purchase and Sale of Tickets

Sec. 466.3052.  PURCHASE AND SALE OF TICKETS.  (a)  A person commits an offense if the person intentionally or knowingly sells a ticket and the person accepts anything other than the following as payment for the ticket:
(1)  United States currency;
(2)  a negotiable instrument in the form of a check that meets the requirements of Section 3.104, Business & Commerce Code;
(3)  a debit made through a financial institution debit card;
(4)  a coupon or voucher issued by the commission for purposes of purchasing a lottery ticket;  or
(5)  a mail order subscription on a mail order subscription form authorized by the commission.
(b)  An offense under this section is a Class C misdemeanor.
Renumbered from Sec. 466.255 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.33, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 687, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3053. Purchase of Ticket With Proceeds of Afdc Check or Food Stamps

Sec. 466.3053.  PURCHASE OF TICKET WITH PROCEEDS OF AFDC CHECK OR FOOD STAMPS.  (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
(2)  a food stamp coupon issued under the food stamp program administered under Chapter 33, Human Resources Code.
(b)  An offense under this section is a Class C misdemeanor.
Renumbered from Sec. 466.255 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.33, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.3054. Group Purchase Arrangements

Sec. 466.3054.  GROUP PURCHASE ARRANGEMENTS.  (a)  A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly:
(1)  uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool;  or
(2)  retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 6.38, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.306. Forgery; Alteration of Ticket

Sec. 466.306.  FORGERY;  ALTERATION OF TICKET.  (a)  A person commits an offense if the person intentionally or knowingly alters or forges a ticket.
(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 alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.307. Influencing Selection of Winner

Sec. 466.307.  INFLUENCING SELECTION OF WINNER.  (a)  A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game.
(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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.308. Claiming Lottery Prize by Fraud

Sec. 466.308.  CLAIMING LOTTERY PRIZE BY FRAUD.  (a)  A person commits an offense if the person intentionally or knowingly:
(1)  claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation;  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 misrepresentation.
(b)  In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful.
(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
(3)  the person has previously been convicted of an offense under Section 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2).
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.39, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.309. Tampering With Lottery Equipment

Sec. 466.309.  TAMPERING WITH LOTTERY EQUIPMENT.  (a)  A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.310. Certain Transfers of Claims

Sec. 466.310.  CERTAIN TRANSFERS OF CLAIMS.  (a)  A person commits an offense if the person:
(1)  induces another person to assign or transfer a right to claim a prize;
(2)  offers for sale the right to claim a prize;  or
(3)  offers, for compensation, to claim the prize of another person.
(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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.311. Reporting and Record Violations

Sec. 466.311.  REPORTING AND RECORD VIOLATIONS.  (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
(2)  fails to maintain or make an entry the person knows is required to be maintained or made.
(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.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.40, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.312. False, Incorrect, or Deceptive Statement

Sec. 466.312.  FALSE, INCORRECT, OR DECEPTIVE STATEMENT.  (a)  A person commits an offense if the person intentionally or knowingly makes a material and false, incorrect, or deceptive statement to a person conducting an investigation or exercising discretion under this chapter or a rule adopted under this chapter.
(b)  In this section, "statement" includes:
(1)  a written or oral statement;  and
(2)  a sworn or unsworn statement.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.41, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.313. Conspiracy

Sec. 466.313.  CONSPIRACY.  (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
(2)  one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement.
(b)  An agreement constituting a conspiracy may be inferred from acts of the parties.
(c)  It is no defense to prosecution for conspiracy under this section that:
(1)  one or more of the coconspirators is not criminally responsible for the object offense;
(2)  one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted;
(3)  one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4)  the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity;  or
(5)  the object offense was not actually committed.
(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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter G. Offenses › Section 466.317. Prohibition Against Sale of Certain Lottery Tickets

Sec. 466.317.  PROHIBITION AGAINST SALE OF CERTAIN LOTTERY TICKETS.  (a)  Except as permitted by a compact entered into under Subsection (b), a person may not sell or offer for sale in this state any interest in a lottery of another state or state government or an Indian tribe or tribal government, including an interest in an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of the interest.
(b)  The state may enter into a compact with another state or state government or an Indian tribe or tribal government to permit the sale of lottery tickets of this state in the state's, tribe's, or government's jurisdiction and to allow the sale of the state's, tribe's, or government's lottery tickets in this state.
(c)  A person commits an offense if the person violates this section.  An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 696, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.351. Delivery of Funds

Sec. 466.351.  DELIVERY OF FUNDS.  (a)  Except as provided by Subsection (d), all revenue received from the sale of tickets and all money credited to the state lottery account from any other source shall be deposited in the state treasury through approved state depositories on the settlement day or days established by the director.
(b)  The director may require sales agents to establish separate electronic funds transfer accounts for the purposes of depositing money from ticket sales, making payments to the division, and receiving payments from the division.  The commission by rule shall establish the procedures for depositing money from ticket sales into electronic funds transfer accounts, as well as other procedures regarding the handling of money from ticket sales.
(c)  The director may not permit a sales agent to make payments to the division or a lottery operator in cash.
(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.
(e)  The director may provide for a sales agent to pay amounts received for the sale of tickets directly to an officer or employee of the division for immediate deposit in the state treasury.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.45, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.352. Reporting by Sales Agent; Records

Sec. 466.352.  REPORTING BY SALES AGENT;  RECORDS.  (a)  The director may require a sales agent to file with the division reports of receipts and transactions relating to the sale of tickets in the form and containing the information that the director requires.
(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 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.353. Liability of Sales Agent

Sec. 466.353.  LIABILITY OF SALES AGENT.  (a)  A sales agent is liable to the division for all tickets accepted or generated by the sales agent or any employee or agent of the sales agent, and tickets shall be deemed to have been purchased by the sales agent unless returned to the division within the time and manner prescribed by the division.
(b)  Money received by a sales agent from the sales of tickets, less the amount retained for prizes paid by the sales agent or for the agent's commission, if any, together with any unsold tickets, shall be held in trust for the benefit of the state before delivery to a lottery operator or the division or electronic transfer to the state treasury, and the sales agent is liable to the division for the full amount of the money or unsold tickets so held.  If the sales agent is not an individual, each officer, director, or owner of the sales agent is personally liable to the division for the full amount of the money or unsold tickets held in trust for the benefit of the state.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.354. Duties of Comptroller

Sec. 466.354.  DUTIES OF COMPTROLLER.  (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)  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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.46, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.2, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.355. State Lottery Account

Sec. 466.355.  STATE LOTTERY ACCOUNT.  (a)  The state lottery account is a special account in the general revenue fund.  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.  Interest earned by the state lottery account shall be deposited in the unobligated portion of the general revenue fund.
(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
(4)  the balance, after creation of a reserve sufficient to pay the amounts needed or estimated to be needed under Subdivisions (1) through (3), to be transferred on or before the 15th day of each month as follows:
(A)  the portion of the balance attributable to the lottery game operated under Section 466.027 to the fund for veterans' assistance established by Section 434.017; and
(B)  the remainder to the foundation school fund.
(c)  Each August the comptroller shall:
(1)  estimate the amount to be transferred to the foundation school fund on or before September 15; and
(2)  notwithstanding Subsection (b)(4), transfer the amount estimated in Subdivision (1) to the foundation school fund before August installment payments are made under Section 48.273, Education Code.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.47, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 592, Sec. 3.02, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1178, Sec. 1, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 29, eff. June 15, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1385 (S.B. 1655), Sec. 7(a), eff. June 19, 2009.
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 1.02, eff. September 28, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 431 (S.B. 559), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1410 (S.B. 758), Sec. 2, eff. June 14, 2013.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.078, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.357. Applicability of Constitutional Provisions

Sec. 466.357.  APPLICABILITY OF CONSTITUTIONAL PROVISIONS.  For purposes of Article III, Section 49a, and Article VIII, Section 22, of the Texas Constitution:
(1)  funds received from the operation of a lottery are not revenue;  and
(2)  expenses of operating the lottery and paying prizes are not expenses of state government.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.358. Compensation of Sales Agent

Sec. 466.358.  COMPENSATION OF SALES AGENT.  (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.  The compensation paid to a sales agent may not be an amount less than five percent of the retail price of the tickets sold plus, at the discretion of the director or lottery operator supervising the lottery game involved, an incentive bonus based on attainment of sales volume, the redemption of winning tickets, or other objectives specified by the director or lottery operator for each type of lottery.
(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.
(c)  to (e) Repealed by Acts 2001, 77th Leg., ch. 394, Sec. 4, eff. Sept. 1, 2001.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1104, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 394, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter H. Revenue › Section 466.359. Compensation of Sales Agent for Purposes of Contractual Rental Payment

Sec. 466.359.  COMPENSATION OF SALES AGENT FOR PURPOSES OF CONTRACTUAL RENTAL PAYMENT.  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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.4001. Definition

Sec. 466.4001.  DEFINITION.  In this subchapter, "prize winner" means a person who presents a valid winning ticket, claims a lottery prize, and is recognized by the commission as the person entitled to receive lottery prize payments.  The term does not include an assignee of a lottery prize.
Added by Acts 2011, 82nd Leg., R.S., Ch. 403 (S.B. 626), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.401. Ticket Validation; Drawings

Sec. 466.401.  TICKET VALIDATION;  DRAWINGS.  (a)  The department of security shall supervise ticket validation and lottery drawings.
(b)  If a lottery game involves a drawing, the drawing must be open to the public.  An independent certified public accountant must witness the drawing.
(c)  An employee of the division and the independent certified public accountant witnessing the drawing shall inspect any equipment used in the drawing.  The equipment must be inspected immediately before and after the drawing.  The drawing and inspections must be recorded on video and audio tape.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.402. Payment of Prizes Generally

Sec. 466.402.  PAYMENT OF PRIZES GENERALLY.  (a)  The director may authorize prizes to be paid by warrants to be drawn on the state lottery account.
(b)  The payment of a prize in an amount of $600 or more may be made only by the director.
(c)  The director may authorize a sales agent to pay a prize in an amount less than $600 after performing procedures to validate the winning ticket as required by the director.  A prize paid under this subsection is not required to be paid by warrant on the state lottery account.
(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.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 1394, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.403. Payment of Prize in Installments

Sec. 466.403.  PAYMENT OF PRIZE IN INSTALLMENTS.  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.  The investments may be in securities, annuities, or other instruments as determined by the comptroller.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.21, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.404. Payment of Prize to Multiple Winners

Sec. 466.404.  PAYMENT OF PRIZE TO MULTIPLE WINNERS.  (a)  A specific prize as set forth by the prize structure of a specific lottery game may not be paid more than once.  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.
(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).
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.405. Payment of Prize Awarded to Minor

Sec. 466.405.  PAYMENT OF PRIZE AWARDED TO MINOR.  (a)  If a minor is entitled to prize money on a winning ticket in an amount less than $600, the director may make payment by delivery to an adult member of the minor's family, or to the minor's guardian, of a warrant payable to the order of the minor.
(b)  If a minor is entitled to prize money on a winning ticket in an amount of $600 or more, the director may direct payment to the minor by depositing the amount of the prize in any financial institution to the credit of an adult member of the minor's family or of the minor's guardian as custodian for the minor.
(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.  Payment of the cash equivalent of a prize other than prize money to a minor shall be made as provided by Subsections (a) and (b).
(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.
(e)  In this section:
(1)  "Adult" means an individual who is at least 18 years of age.
(2)  "Custodian," "financial institution," "guardian," and "member of the minor's family," have the meanings assigned by Section 141.002, Property Code.
(3)  "Minor" means an individual who is younger than 18 years of age.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 190 (H.B. 2509), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.406. Right to Prize Not Generally Assignable

Sec. 466.406.  RIGHT TO PRIZE NOT GENERALLY ASSIGNABLE.  (a)  Except as provided by this section and Section 466.410, the right of any person to a prize is not assignable.
(b)  Payment of prize payments not previously assigned as provided by this section or Section 466.410 shall be made to the estate of a deceased prize winner if the prize winner was an individual.
(c)  A prize to which a winner is otherwise entitled may be paid to any person under an appropriate judicial order.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1999, 76th Leg., ch. 1394, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 403 (S.B. 626), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.407. Deductions From Prizes

Sec. 466.407.  DEDUCTIONS FROM PRIZES.
(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
(3)  in default on a loan guaranteed under Chapter 57, Education Code.
(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.
(b)  If the winnings of a prize winner exceed the amount of a delinquency under Subsection (a) or (a-1), the director shall pay the balance to the prize winner.  The director shall transfer the amount deducted to the appropriate agency or to the state disbursement unit under Chapter 234, Family Code, as applicable.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 403, Sec. 6(a), eff. June 17, 2011.
Added by Acts 1993, 73rd Leg., ch. 107, Sec. 4.03(b), eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.48, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 135, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1104, Sec. 3, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1153, Sec. 3.04(a), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.22, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 403 (S.B. 626), Sec. 3, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 403 (S.B. 626), Sec. 6(a), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.4075. Deductions of Child Support From Certain Lottery Winnings

Sec. 466.4075.  DEDUCTIONS OF CHILD SUPPORT FROM CERTAIN LOTTERY WINNINGS.  (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.
(b)  In the event of a single payment, the executive director shall deduct from winnings of the prize winner an amount for delinquent child support owed by the prize winner if the executive director has been provided with a certified copy of a court order or a writ of withholding issued under Chapter 158, Family Code, or notice of a child support lien created under Subchapter G, Chapter 157, Family Code.
(c)  If the prize is paid in periodic installments, the executive director shall deduct from periodic installment winnings paid to a prize winner amounts owed by the prize winner for child support if the executive director has been provided with a certified copy of a court order or a writ of withholding issued under Chapter 158, Family Code, or notice of a child support lien created under Subchapter G, Chapter 157, Family Code.  This subsection does not apply to the payment of amounts to a person to whom the prize winner assigns the right to receive prize payments under Section 466.410.
(d)  The court order, writ of withholding, or notice of a child support lien provided under Subsection (c) must direct child support to be paid in the manner in which the periodic installment prize is paid.  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.
(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.  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.
(f)  The commission may adopt rules necessary to administer this section.
(g)  Section 9.406, Business & Commerce Code, does not apply to periodic payments of lottery prize winnings under this section.
Added by Acts 1997, 75th Leg., ch. 1104, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 403 (S.B. 626), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle E - Other Executive Agencies and Programs › Chapter 466 - State Lottery › Subchapter I. Prizes › Section 466.409. Treatment of Prize Payable on Ticket Purchased by Ineligible Person

Sec. 466.409.  TREATMENT OF PRIZE PAYABLE ON TICKET PURCHASED BY INELIGIBLE PERSON.  If an individual listed in Section 466.254 purchases a ticket or claims or otherwise attempts to collect or receive a lottery prize or a share of a lottery prize or an individual younger than 18 years of age directly purchases a ticket, the individual is not eligible to receive a prize or share of a prize, and the prize or share of a prize otherwise payable on the ticket is treated as an unclaimed prize as provided by Section 466.408.
Renumbered from Sec. 466.253 and amended by Acts 1995, 74th Leg., ch. 76, Sec. 6.31, eff. Sept. 1, 1995.