AUSTIN, Texas -- An attorney for a man who lost out on a $1 million jackpot says the Texas Lottery Commission still considers the store clerk who allegedly stole the ticket to be the winner.

Willis Willis lost out on the jackpot when the clerk allegedly cashed in his winning lottery ticket and disappeared. Willis' lawyer, Sean E. Breen, says commission attorneys told the 67-year-old unemployed man Monday that the clerk is considered the winner because he signed the back of the lottery ticket.

Commission spokesman Bobby Heith declined comment to the Houston Chronicle and the San Antonio Express-News. A message was left by The Associated Press Monday night.

Authorities are still trying to find the former clerk, who is charged with claiming a lottery prize by fraud.

(This version CORRECTS attorney's name to Breen.)