81R24919 PMO-D
By: Chavez H.B. No. 4533
A BILL TO BE ENTITLED
AN ACT
relating to the conduct of charitable poker runs by certain
nonprofit organizations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 13, Occupations Code, is
amended by adding Chapter 2004 to read as follows:
CHAPTER 2004. CHARITABLE POKER RUNS
Sec. 2004.001. DEFINITIONS. In this chapter:
(1) "Charitable poker run" means an organized event in
which a person participates in a poker run operated or conducted by
a nonprofit organization that retains the net proceeds of the event
for a charitable purpose.
(2) "Charitable purpose" means a purpose described by
Section 2004.004.
(3) "Entrance fee" means the amount a qualified
nonprofit organization charges a person to participate in a poker
run.
(4) "Poker run" means an organized event in which:
(A) each participant travels a predesigned route
by motorcycle, boat, car, or other form of transportation, stops at
designated locations, and draws a playing card;
(B) at the end of the route, each participant
attempts to make the highest poker hand possible using the cards
received at the designated locations;
(C) the participant holding the highest poker
hand is entitled to a prize; and
(D) the entrance fee for the event funds the
operation of the event, including the award of a prize.
(5) "Qualified nonprofit organization" means an
unincorporated association or a nonprofit corporation formed under
the Texas Nonprofit Corporation Law, as described by Section 1.008,
Business Organizations Code, that:
(A) does not distribute any of its income to its
members, officers, or governing body, other than as reasonable
compensation for services; and
(B) has tax-exempt status under Section
501(c)(3), Internal Revenue Code of 1986.
Sec. 2004.002. CHARITABLE POKER RUN AUTHORIZED. A
qualified nonprofit organization may conduct a charitable poker run
in accordance with this chapter.
Sec. 2004.003. CONDUCT OF POKER RUN. A charitable poker run
shall be conducted, promoted, and administered exclusively by
members of a qualified nonprofit organization.
Sec. 2004.004. USE OF PROCEEDS. (a) Except as provided by
Subsection (b), all proceeds from the entrance fees must be used for
the charitable purposes of the qualified nonprofit organization.
(b) A qualified nonprofit organization conducting a
charitable poker run may use a portion of the proceeds from the
entrance fees to provide prizes, including cash prizes, to winners
of the poker run.
(c) For purposes of this section, a qualified nonprofit
organization is considered to use the proceeds from the entrance
fees for the organization's charitable purposes if not later than
the 10th day after the poker run is completed the organization
donates the proceeds to another qualified nonprofit organization
that agrees to use the proceeds exclusively for the charitable
purposes of the other organization.
(d) An organization to which proceeds are donated as
described by Subsection (c) must:
(1) use the proceeds for the charitable purposes of
the organization not later than the second anniversary of the date
the organization receives the proceeds; and
(2) maintain a record of the receipt of the proceeds
and of the charitable purposes for which the proceeds are used for
not less than four years after the date on which the organization
receives the proceeds.
Sec. 2004.005. REQUIREMENTS FOR CHARITABLE POKER RUN. A
charitable poker run held under this chapter must:
(1) require a participant to pay an entrance fee;
(2) require each participant to travel to at least
five different locations along a prescribed course;
(3) require each participant to collect a playing card
drawn at random at each location or collect not fewer than five
playing cards after visiting all the locations on the course; and
(4) determine the game winners by ranking the poker
hands formed by each participant's playing cards according to the
rules commonly used to rank poker hands or similar rules specified
by the organization conducting the poker run.
SECTION 2. Section 47.02(c), Penal Code, is amended to read
as follows:
(c) It is a defense to prosecution under this section that
the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations
Code;
(2) was permitted under Chapter 2002, Occupations
Code;
(3) consisted entirely of participation in the state
lottery authorized by the State Lottery Act (Chapter 466,
Government Code);
(4) was permitted under the Texas Racing Act (Article
179e, Vernon's Texas Civil Statutes); [or]
(5) consisted entirely of participation in a drawing
for the opportunity to participate in a hunting, fishing, or other
recreational event conducted by the Parks and Wildlife Department;
or
(6) was permitted under Chapter 2004, Occupations
Code.
SECTION 3. Section 47.09(a), Penal Code, is amended to read
as follows:
(a) It is a defense to prosecution under this chapter that
the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; [or]
(C) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes); or
(D) Chapter 2004, Occupations Code;
(2) consisted entirely of participation in the state
lottery authorized by Chapter 466, Government Code; or
(3) was a necessary incident to the operation of the
state lottery and was directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Lottery
Commission;
(C) the Texas Lottery Commission; or
(D) the director of the lottery division of the
Texas Lottery Commission.
SECTION 4. (a) The changes in law made by this Act to
Sections 47.02(c) and 47.09(a), Penal Code, do not apply to an
offense committed before the effective date of this Act. For
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is governed by the law as it existed on the date on which the
offense was committed, and the former law is continued in effect for
that purpose.
SECTION 5. This Act takes effect September 1, 2009.