|(a) Cash Five®. A Texas Lottery draw game to be
known as "Cash Five" is authorized to be conducted by the executive
director under the following rules and under such further instructions
and directives as the executive director may issue in furtherance
thereof. If a conflict arises between this rule and §401.304
of this title (relating to Draw Game Rules (General)), this section
shall have precedence.
(b) Definitions. In addition to the definitions provided
in §401.301 of this title (relating to General Definitions),
and unless the context in this rule otherwise requires, the following
(1) Multi-draw--A player may purchase a Cash Five play
for up to 12 consecutive drawings beginning with the current draw.
(2) Play--The five numbers selected and printed on
(3) Playboard--A field of 35 numbers from 1 to 35 found
on the playslip.
(c) Play for Cash Five.
(1) Type of play. A Cash Five player must select five
numbers out of a field of 35 numbers in each play or allow number
selection by a random number generator approved by the commission,
referred to as Quick Pick. A winning play is achieved only when two,
three, four, or five of the numbers selected by the player match,
in any order, two, three, four or five, respectively, of the five
winning numbers drawn by the lottery.
(2) The price of a single Cash Five play for the Cash
Five game is $1.00.
(3) Cash Five plays may be purchased only at a licensed
location from a lottery retailer authorized to sell draw game tickets.
(4) A retailer shall issue a ticket as evidence of
one or more plays. A ticket must show the numbers selected for each
play, the number of plays, the draw date(s) for which the plays were
purchased, the cost of the ticket, and the security and transaction
serial numbers. Tickets must be printed on official Texas Lottery
paper stock, or, for third-party point-of-sale systems approved by
the commission, printed on paper stock or otherwise issued in a manner
approved by the commission to provide tangible evidence of participation
in a lottery game.
(5) One prize per play. The holder of a winning play
may win only one prize per play in connection with the winning numbers
drawn and shall be entitled only to the highest prize category won
by those numbers.
(d) Prizes for Cash Five. The first, second, and third
prize amounts, for each drawing, paid to each Cash Five player who
selects a matching combination of numbers is a fixed amount shown
in the chart below, Figure: 16 TAC §401.308(d). The Match 5 top
prize is a guaranteed (fixed) amount of $25,000; provided that, in
any drawing where the number of top prize winning plays is greater
than three (3), the top prize shall be paid on a pari-mutuel rather
than fixed prize basis and a liability cap of $75,000 (Seventy-Five
Thousand Dollars) will be divided equally by the number of top prize
winning plays. In this case, the calculation of the Match 5 top prize
shall be rounded down so that prizes can be paid in multiples of whole
dollars. Any part of the top pari-mutuel prize for a drawing that
is not paid in prizes (breakage) shall be applied to offset prize
expense. The Match 2 (fourth prize) is a guaranteed free Cash Five
Quick Pick ticket. All other prizes are paid in cash.
(1) The Cash Five drawings shall be held each week
on Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday evenings
at 10:12 p.m. Central Time except that the drawing schedule may be
changed by the executive director, if necessary.
(2) The drawings will be conducted by lottery officials.
(3) Each drawing shall determine, at random, five winning
numbers in accordance with Cash Five draw procedures. Any numbers
drawn are not declared winning numbers until the drawing is certified
by the lottery in accordance with the draw procedures. The winning
numbers shall be used in determining all Cash Five winners for that
(4) Each drawing shall be witnessed by an independent
certified public accountant. All drawing equipment used shall be examined
by a lottery drawing representative and the independent certified
public accountant immediately prior to a drawing and immediately after
(5) A drawing will not be invalidated based on the
financial liability of the lottery.
|Source Note: The provisions of this §401.308 adopted to be effective October 4, 1995, 20 TexReg 7600; amended to be effective November 8, 1996, 21 TexReg 10745; amended to be effective June 2, 1999, 24 TexReg 3998; amended to be effective November 29, 2001, 26 TexReg 9589; amended to be effective July 28, 2002, 27 TexReg 4009; amended to be effective December 26, 2007, 32 TexReg 9609; amended to be effective November 29, 2010, 35 TexReg 10495; amended to be effective September 17, 2015, 40 TexReg 6101; amended to be effective December 31, 2017, 42 TexReg 7385; amended to be effective September 23, 2018, 43 TexReg 4551; amended to be effective August 30,2020, 45 TexReg 5908