Texas 2015 - 84th Regular

Texas House Bill HB975 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Geren, et al. (Senate Sponsor - Fraser) H.B. No. 975
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	April 23, 2015, read first time and referred to Committee on
4		-	Natural Resources and Economic Development; April 30, 2015,
5		-	reported favorably by the following vote: Yeas 7, Nays 2;
6		-	April 30, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 975
8	2
9	3
10		-	COMMITTEE VOTE
11		-	YeaNayAbsentPNV
12		-	FraserX
13		-	EstesX
14		-	BirdwellX
15		-	HallX
16		-	HancockX
17		-	HinojosaX
18		-	LucioX
19		-	NicholsX
20		-	SeligerX
21		-	UrestiX
22		-	ZaffiriniX
23		-	A BILL TO BE ENTITLED
24	4		AN ACT
25	5		relating to charitable raffles conducted by certain professional
26	6		sports team charitable foundations; creating a criminal offense.
27	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
28	8		SECTION 1. Subtitle A, Title 13, Occupations Code, is
29	9		amended by adding Chapter 2004 to read as follows:
30	10		CHAPTER 2004. PROFESSIONAL SPORTS TEAM CHARITABLE
31	11		FOUNDATION RAFFLES
32	12		Sec. 2004.001. SHORT TITLE. This chapter may be cited as
33	13		the Professional Sports Team Charitable Foundation Raffle Enabling
34	14		Act.
35	15		Sec. 2004.002. DEFINITIONS. In this chapter:
36	16		(1) "Charitable purposes" has the meaning assigned by
37	17		Section 2002.002.
38	18		(2) "Professional sports team" means a team organized
39	19		in this state that is a member of Major League Baseball, the
40	20		National Basketball Association, the National Hockey League, the
41	21		National Football League, or Major League Soccer.
42	22		(3) "Professional sports team charitable foundation"
43	23		means an organization that:
44	24		(A) holds a certificate of formation under the
45	25		Business Organizations Code or is otherwise incorporated under the
46	26		laws of this state;
47	27		(B) is associated with a professional sports
48	28		team; and
49	29		(C) is formed for charitable purposes.
50	30		(4) "Raffle" has the meaning assigned by Section
51	31		2002.002.
52	32		Sec. 2004.003. QUALIFICATIONS TO CONDUCT RAFFLE. A
53	33		professional sports team charitable foundation is qualified to
54	34		conduct charitable raffles under this chapter if the foundation:
55	35		(1) is associated with a professional sports team with
56	36		a home venue located in this state;
57	37		(2) does not distribute any of its income to its
58	38		members, officers, or governing body, other than as reasonable
59	39		compensation for services;
60	40		(3) has existed for at least the three years preceding
61	41		the conduct of a raffle under this chapter;
62	42		(4) does not devote a substantial part of its
63	43		activities to attempting to influence legislation and does not
64	44		participate or intervene in any political campaign on behalf of any
65	45		candidate for public office in any manner, including by publishing
66	46		or distributing statements or making campaign contributions;
67	47		(5) qualifies for and has obtained an exemption from
68	48		federal income tax from the Internal Revenue Service as a
69	49		charitable organization described in Section 501(c)(3), Internal
70	50		Revenue Code of 1986; and
71	51		(6) does not have or recognize any local chapter,
72	52		affiliate, unit, or subsidiary organization in this state.
73	53		Sec. 2004.004. RAFFLE AUTHORIZED; TICKET SALES. (a) A
74	54		professional sports team charitable foundation that meets the
75	55		qualifications under Section 2004.003 may conduct a charitable
76	56		raffle during each preseason, regular season, and postseason game
77	57		hosted at the home venue of the professional sports team associated
78	58		with the foundation to provide revenue for the foundation's
79	59		charitable purposes.
80	60		(b) A professional sports team charitable foundation
81	61		authorized to conduct a raffle under this section may award to a
82	62		raffle winner selected by random draw a cash prize in an amount not
83	63		to exceed 50 percent of the gross proceeds collected from the sale
84	64		of raffle tickets.
85	65		(c) Only employees or volunteers of the professional sports
86	66		team charitable foundation or the professional sports team
87	67		associated with the foundation may sell raffle tickets for a
88	68		charitable raffle conducted under this chapter.
89	69		(d) Only persons 18 years of age or older may purchase
90	70		raffle tickets in a charitable raffle conducted under this chapter.
91	71		Sec. 2004.005. TICKET DISCLOSURES. The following
92	72		information must be printed on each raffle ticket sold or offered
93	73		for sale under this chapter:
94	74		(1) the name of the raffle for which the ticket is
95	75		offered for sale and the sales station at which the ticket was
96	76		purchased;
97	77		(2) the date on which the random draw to determine the
98	78		winner of the raffle will occur and the manner in which the winning
99	79		ticket for the raffle will be announced;
100	80		(3) the procedure and location for claiming a prize;
101	81		(4) the time allowed for a prize winner to claim a
102	82		prize; and
103	83		(5) the logo of the professional sports team
104	84		charitable foundation, the logo of the professional sports team
105	85		associated with the foundation, or both.
106	86		Sec. 2004.006. USE OF RAFFLE PROCEEDS. All proceeds from
107	87		the sale of raffle tickets less the amounts deducted for reasonable
108	88		operating expenses and cash prizes must be used for the charitable
109	89		purposes of the professional sports team charitable foundation.
110	90		Sec. 2004.007. REASONABLE OPERATING EXPENSES. (a) For each
111	91		raffle conducted under this chapter, a professional sports team
112	92		charitable foundation may deduct not more than 10 percent of the
113	93		gross proceeds collected from the sale of tickets for the raffle to
114	94		pay the reasonable operating expenses of conducting the raffle.
115	95		(b) For purposes of this chapter, reasonable operating
116	96		expenses include:
117	97		(1) promotion, advertisements, charitable foundation
118	98		fund-raising events, equipment, and administrative expenses; and
119	99		(2) purchase, lease, or licensing fees for the
120	100		equipment, hardware, and software necessary to:
121	101		(A) sell raffle tickets to raffle participants;
122	102		(B) conduct random drawings to select prize
123	103		winners; and
124	104		(C) continuously calculate the number of ticket
125	105		sales, amount of money collected, amount of cash prize to be
126	106		awarded, amount of money raised for charitable purposes, and amount
127	107		of gross ticket sales that may be deducted for reasonable operating
128	108		expenses.
129	109		Sec. 2004.008. COMMUNICATION OF WINNING NUMBER. The
130	110		winning number of a charitable raffle conducted under this chapter
131	111		may not be communicated to raffle participants by means of
132	112		interactive and instantaneous technology.
133	113		Sec. 2004.009. CRIMINAL PENALTIES. (a) A person commits an
134	114		offense if the person accepts any form of payment other than United
135	115		States currency for the purchase of a raffle ticket for a charitable
136	116		raffle conducted under this chapter.
137	117		(b) A person commits an offense if the person sells or
138	118		offers to sell a raffle ticket for a charitable raffle conducted
139	119		under this chapter to an individual that the person knows to be
140	120		younger than 18 years of age.
141	121		(c) A person commits an offense if the person purchases a
142	122		raffle ticket for a charitable raffle conducted under this chapter
143	123		with the proceeds of a check issued as a payment under the financial
144	124		assistance program administered under Chapter 31, Human Resources
145	125		Code.
146	126		(d) A person commits an offense if the person misrepresents
147	127		the person's age or displays fraudulent evidence that the person is
148	128		18 years of age or older in order to purchase a raffle ticket for a
149	129		charitable raffle conducted under this chapter.
150	130		(e) An offense under this section is a Class C misdemeanor.
151	131		Sec. 2004.010. INJUNCTIVE ACTION AGAINST UNAUTHORIZED
152	132		RAFFLE. (a) A county attorney, district attorney, criminal
153	133		district attorney, or the attorney general may bring an action in
154	134		county or district court for a permanent or temporary injunction or
155	135		a temporary restraining order prohibiting conduct involving a
156	136		raffle or similar procedure that:
157	137		(1) violates or threatens to violate state law
158	138		relating to gambling; and
159	139		(2) is not authorized by this chapter, Chapter 2002,
160	140		or other law.
161	141		(b) Venue for an action under this section is in the county
162	142		in which the conduct occurs or in which a defendant in the action
163	143		resides.
164	144		SECTION 2. Section 47.02(c), Penal Code, is amended to read
165	145		as follows:
166	146		(c) It is a defense to prosecution under this section that
167	147		the actor reasonably believed that the conduct:
168	148		(1) was permitted under Chapter 2001, Occupations
169	149		Code;
170	150		(2) was permitted under Chapter 2002, Occupations
171	151		Code;
172	152		(3) was permitted under Chapter 2004, Occupations
173	153		Code;
174	154		(4) consisted entirely of participation in the state
175	155		lottery authorized by the State Lottery Act (Chapter 466,
176	156		Government Code);
177	157		(5) [(4)] was permitted under the Texas Racing Act
178	158		(Article 179e, Vernon's Texas Civil Statutes); or
179	159		(6) [(5)] consisted entirely of participation in a
180	160		drawing for the opportunity to participate in a hunting, fishing,
181	161		or other recreational event conducted by the Parks and Wildlife
182	162		Department.
183	163		SECTION 3. Section 47.09(a), Penal Code, is amended to read
184	164		as follows:
185	165		(a) It is a defense to prosecution under this chapter that
186	166		the conduct:
187	167		(1) was authorized under:
188	168		(A) Chapter 2001, Occupations Code;
189	169		(B) Chapter 2002, Occupations Code; [or]
190	170		(C) Chapter 2004, Occupations Code; or
191	171		(D) the Texas Racing Act (Article 179e, Vernon's
192	172		Texas Civil Statutes);
193	173		(2) consisted entirely of participation in the state
194	174		lottery authorized by Chapter 466, Government Code; or
195	175		(3) was a necessary incident to the operation of the
196	176		state lottery and was directly or indirectly authorized by:
197	177		(A) Chapter 466, Government Code;
198	178		(B) the lottery division of the Texas Lottery
199	179		Commission;
200	180		(C) the Texas Lottery Commission; or
201	181		(D) the director of the lottery division of the
202	182		Texas Lottery Commission.
203	183		SECTION 4. This Act takes effect January 1, 2016, but only
204	184		if the constitutional amendment proposed by the 84th Legislature,
205	185		Regular Session, 2015, authorizing the legislature to permit
206	186		professional sports team charitable foundations to conduct
207	187		charitable raffles is approved by the voters. If that amendment is
208	188		not approved by the voters, this Act has no effect.
209		-	* * * * *
	189	+	______________________________ ______________________________
	190	+	President of the Senate Speaker of the House
	191	+	I certify that H.B. No. 975 was passed by the House on April
	192	+	17, 2015, by the following vote: Yeas 122, Nays 12, 2 present, not
	193	+	voting.
	194	+	______________________________
	195	+	Chief Clerk of the House
	196	+	I certify that H.B. No. 975 was passed by the Senate on May 6,
	197	+	2015, by the following vote: Yeas 27, Nays 4.
	198	+	______________________________
	199	+	Secretary of the Senate
	200	+	APPROVED: _____________________
	201	+	Date
	202	+	_____________________
	203	+	Governor