| 1 | 1 | | 85R11497 GCB-F |
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| 2 | 2 | | By: Oliveira H.B. No. 2828 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of certain sweepstakes in this state. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 622, Business & Commerce |
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| 10 | 10 | | Code, is amended by adding Section 622.062 to read as follows: |
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| 11 | 11 | | Sec. 622.062. CERTAIN SWEEPSTAKES. (a) This chapter does |
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| 12 | 12 | | not apply to a sweepstakes that: |
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| 13 | 13 | | (1) has awarded one or more cash prizes valued at not |
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| 14 | 14 | | less than $1 million dollars based on chance or the random selection |
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| 15 | 15 | | of entries in each of the preceding five calendar years; |
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| 16 | 16 | | (2) does not require a purchase or payment for entry in |
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| 17 | 17 | | the sweepstakes or to win a prize; |
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| 18 | 18 | | (3) is operated by a person under and in voluntary |
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| 19 | 19 | | compliance with a consent judgment to which this state is a party or |
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| 20 | 20 | | under a similar agreement between the person and this state that |
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| 21 | 21 | | governs the marketing practices of the sweepstakes; and |
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| 22 | 22 | | (4) is operated by a person who has not been subject to |
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| 23 | 23 | | an enforcement proceeding under a consent judgment or any other |
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| 24 | 24 | | applicable state law regarding advertising or marketing practices |
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| 25 | 25 | | during the preceding five years. |
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| 26 | 26 | | (b) For purposes of this section, the value of a cash prize |
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| 27 | 27 | | awarded is the greatest of the prize's: |
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| 28 | 28 | | (1) face value; |
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| 29 | 29 | | (2) fair market value; or |
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| 30 | 30 | | (3) present financial value. |
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| 31 | 31 | | SECTION 2. This Act takes effect September 1, 2017. |
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