Texas 2009 - 81st Regular

Texas House Bill HB4533 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R24919 PMO-D
2	2	By: Chavez H.B. No. 4533
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conduct of charitable poker runs by certain
8	8	nonprofit organizations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 13, Occupations Code, is
11	11	amended by adding Chapter 2004 to read as follows:
12	12	CHAPTER 2004. CHARITABLE POKER RUNS
13	13	Sec. 2004.001. DEFINITIONS. In this chapter:
14	14	(1) "Charitable poker run" means an organized event in
15	15	which a person participates in a poker run operated or conducted by
16	16	a nonprofit organization that retains the net proceeds of the event
17	17	for a charitable purpose.
18	18	(2) "Charitable purpose" means a purpose described by
19	19	Section 2004.004.
20	20	(3) "Entrance fee" means the amount a qualified
21	21	nonprofit organization charges a person to participate in a poker
22	22	run.
23	23	(4) "Poker run" means an organized event in which:
24	24	(A) each participant travels a predesigned route
25	25	by motorcycle, boat, car, or other form of transportation, stops at
26	26	designated locations, and draws a playing card;
27	27	(B) at the end of the route, each participant
28	28	attempts to make the highest poker hand possible using the cards
29	29	received at the designated locations;
30	30	(C) the participant holding the highest poker
31	31	hand is entitled to a prize; and
32	32	(D) the entrance fee for the event funds the
33	33	operation of the event, including the award of a prize.
34	34	(5) "Qualified nonprofit organization" means an
35	35	unincorporated association or a nonprofit corporation formed under
36	36	the Texas Nonprofit Corporation Law, as described by Section 1.008,
37	37	Business Organizations Code, that:
38	38	(A) does not distribute any of its income to its
39	39	members, officers, or governing body, other than as reasonable
40	40	compensation for services; and
41	41	(B) has tax-exempt status under Section
42	42	501(c)(3), Internal Revenue Code of 1986.
43	43	Sec. 2004.002. CHARITABLE POKER RUN AUTHORIZED. A
44	44	qualified nonprofit organization may conduct a charitable poker run
45	45	in accordance with this chapter.
46	46	Sec. 2004.003. CONDUCT OF POKER RUN. A charitable poker run
47	47	shall be conducted, promoted, and administered exclusively by
48	48	members of a qualified nonprofit organization.
49	49	Sec. 2004.004. USE OF PROCEEDS. (a) Except as provided by
50	50	Subsection (b), all proceeds from the entrance fees must be used for
51	51	the charitable purposes of the qualified nonprofit organization.
52	52	(b) A qualified nonprofit organization conducting a
53	53	charitable poker run may use a portion of the proceeds from the
54	54	entrance fees to provide prizes, including cash prizes, to winners
55	55	of the poker run.
56	56	(c) For purposes of this section, a qualified nonprofit
57	57	organization is considered to use the proceeds from the entrance
58	58	fees for the organization's charitable purposes if not later than
59	59	the 10th day after the poker run is completed the organization
60	60	donates the proceeds to another qualified nonprofit organization
61	61	that agrees to use the proceeds exclusively for the charitable
62	62	purposes of the other organization.
63	63	(d) An organization to which proceeds are donated as
64	64	described by Subsection (c) must:
65	65	(1) use the proceeds for the charitable purposes of
66	66	the organization not later than the second anniversary of the date
67	67	the organization receives the proceeds; and
68	68	(2) maintain a record of the receipt of the proceeds
69	69	and of the charitable purposes for which the proceeds are used for
70	70	not less than four years after the date on which the organization
71	71	receives the proceeds.
72	72	Sec. 2004.005. REQUIREMENTS FOR CHARITABLE POKER RUN. A
73	73	charitable poker run held under this chapter must:
74	74	(1) require a participant to pay an entrance fee;
75	75	(2) require each participant to travel to at least
76	76	five different locations along a prescribed course;
77	77	(3) require each participant to collect a playing card
78	78	drawn at random at each location or collect not fewer than five
79	79	playing cards after visiting all the locations on the course; and
80	80	(4) determine the game winners by ranking the poker
81	81	hands formed by each participant's playing cards according to the
82	82	rules commonly used to rank poker hands or similar rules specified
83	83	by the organization conducting the poker run.
84	84	SECTION 2. Section 47.02(c), Penal Code, is amended to read
85	85	as follows:
86	86	(c) It is a defense to prosecution under this section that
87	87	the actor reasonably believed that the conduct:
88	88	(1) was permitted under Chapter 2001, Occupations
89	89	Code;
90	90	(2) was permitted under Chapter 2002, Occupations
91	91	Code;
92	92	(3) consisted entirely of participation in the state
93	93	lottery authorized by the State Lottery Act (Chapter 466,
94	94	Government Code);
95	95	(4) was permitted under the Texas Racing Act (Article
96	96	179e, Vernon's Texas Civil Statutes); [or]
97	97	(5) consisted entirely of participation in a drawing
98	98	for the opportunity to participate in a hunting, fishing, or other
99	99	recreational event conducted by the Parks and Wildlife Department;
100	100	or
101	101	(6) was permitted under Chapter 2004, Occupations
102	102	Code.
103	103	SECTION 3. Section 47.09(a), Penal Code, is amended to read
104	104	as follows:
105	105	(a) It is a defense to prosecution under this chapter that
106	106	the conduct:
107	107	(1) was authorized under:
108	108	(A) Chapter 2001, Occupations Code;
109	109	(B) Chapter 2002, Occupations Code; [or]
110	110	(C) the Texas Racing Act (Article 179e, Vernon's
111	111	Texas Civil Statutes); or
112	112	(D) Chapter 2004, Occupations Code;
113	113	(2) consisted entirely of participation in the state
114	114	lottery authorized by Chapter 466, Government Code; or
115	115	(3) was a necessary incident to the operation of the
116	116	state lottery and was directly or indirectly authorized by:
117	117	(A) Chapter 466, Government Code;
118	118	(B) the lottery division of the Texas Lottery
119	119	Commission;
120	120	(C) the Texas Lottery Commission; or
121	121	(D) the director of the lottery division of the
122	122	Texas Lottery Commission.
123	123	SECTION 4. (a) The changes in law made by this Act to
124	124	Sections 47.02(c) and 47.09(a), Penal Code, do not apply to an
125	125	offense committed before the effective date of this Act. For
126	126	purposes of this section, an offense is committed before the
127	127	effective date of this Act if any element of the offense occurs
128	128	before that date.
129	129	(b) An offense committed before the effective date of this
130	130	Act is governed by the law as it existed on the date on which the
131	131	offense was committed, and the former law is continued in effect for
132	132	that purpose.
133	133	SECTION 5. This Act takes effect September 1, 2009.