(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 definitions apply.
  (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 the ticket.
  (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.
Attached Graphic
(e) Drawings.
  (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 drawing.
  (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 the drawing.
  (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