16 Tex. Admin. Code § 401.362 - Retailer's Financial Responsibility for Lottery Tickets Received and Subsequently Damaged or Rendered Unsaleable, for Winning Lottery Tickets Paid and for Lottery-Related Property
(a) Responsibility
for Lottery Tickets Received.
(1) Except as
otherwise expressly provided by this subsection or by §
401.370 of this title (relating to
Retailer's Financial Responsibility for Lottery Tickets Received and
Subsequently Stolen or Lost), each retailer shall bear the risk of loss for all
lottery tickets received. Receipt of tickets by a retailer shall constitute a
purchase of such tickets, and each retailer shall be liable to the commission
for the retail sales price of such tickets, less any applicable commission or
credit.
(2) A retailer may return
full and complete packs of unactivated tickets in original condition and
receive an accounting indicating that the packs have been removed from the
retailer's inventory. Nothing in this subsection waives the requirements of
§
401.361 of this title (relating to
Required Sales of Lottery Tickets).
(3) A retailer must report damage to or
destruction of tickets to the commission's lottery operations division through
the retailer hotline as soon as reasonably practicable under the circumstances,
but no later than three (3) weeks from the occurrence or event. A ticket is
considered "damaged" or "destroyed" if rendered unsaleable through
circumstances or events not the fault of the retailer.
(4) Under the circumstances set out in this
paragraph, the director may credit a retailer for activated tickets that are
damaged or destroyed.
(A) The director may
credit a retailer's account for a range of activated tickets in a pack reported
as damaged or destroyed providing:
(i) no
validations have occurred on tickets in the range reported as damaged or
destroyed;
(ii) the retailer has
complied with paragraph (3) of this subsection;
(iii) if the tickets were damaged or
destroyed by fire, the retailer made a formal report of the fire to appropriate
fire department authorities within 24 hours of the discovery of the fire, and
has provided to the commission's lottery operations division a copy of a report
by a Fire Marshal that identifies the location and the cause of the fire or the
commission's lottery operations division has obtained written documentation
from lottery operator field staff verifying the reported fire damage;
or
(iv) if the tickets were damaged
or destroyed other than by fire, the retailer has provided to the commission's
lottery operations division a copy of an insurance claim or a receipt for
repairs that identifies damage at the retail location that is related to the
damaged or destroyed tickets.
(B) The director may not grant credit under
subparagraph (A) of this paragraph in connection with more than two separate
incidents in a twelve-month period.
(b) Responsibility for Winning Lottery
Tickets Paid. After a retailer has paid a prize on a winning ticket, that
retailer shall completely deface such ticket and render it physically incapable
of being subsequently presented as a winning ticket. A retailer who has failed
to deface such a winning ticket and render it physically incapable of being
subsequently presented as a winning ticket shall pay to the commission the full
amount of each subsequent prize that is paid on such ticket.
(c) Responsibility for Lottery-Related
Property. Each retailer shall be financially responsible to the commission for
all lottery-related property placed at the retailer's location.
(d) An "activated" pack of tickets is a pack
of tickets that has been delivered to a retailer and that is shown as "active"
in the lottery management system. An "unactivated" pack of tickets is a pack of
tickets in "Available," "Issued" or "Confirmed" status in the lottery
management system.
Notes
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