| 1 | 1 | | By: Craddick (Senate Sponsor - Nelson) H.B. No. 457 |
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| 2 | 2 | | (In the Senate - Received from the House March 31, 2011; |
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| 3 | 3 | | April 13, 2011, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 3, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 8, Nays 0; May 3, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to restrictions on the promotion and operation of |
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| 11 | 11 | | charitable raffles. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 2002.054(a) and (b), Occupations Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (a) The organization may not: |
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| 16 | 16 | | (1) directly or indirectly, by the use of paid |
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| 17 | 17 | | advertising, promote a raffle through a medium of mass |
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| 18 | 18 | | communication, including television, radio, or newspaper; |
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| 19 | 19 | | (2) promote or advertise a raffle statewide, other |
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| 20 | 20 | | than on the organization's Internet website or through a |
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| 21 | 21 | | publication or solicitation, including a newsletter, social media, |
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| 22 | 22 | | or electronic mail, provided only to previously identified |
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| 23 | 23 | | supporters of the organization; or |
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| 24 | 24 | | (3) sell or offer to sell tickets for a raffle |
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| 25 | 25 | | statewide. |
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| 26 | 26 | | (b) Except as provided by this subsection, the [The] |
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| 27 | 27 | | organization may not compensate a person directly or indirectly for |
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| 28 | 28 | | organizing or conducting a raffle or for selling or offering to sell |
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| 29 | 29 | | tickets to a raffle. A member of the organization who is employed |
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| 30 | 30 | | by the organization may organize and conduct a raffle, but the |
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| 31 | 31 | | member's work organizing or conducting a raffle may not be more than |
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| 32 | 32 | | a de minimis portion of the member's employment with the |
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| 33 | 33 | | organization. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2011. |
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| 39 | 39 | | * * * * * |
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