Texas 2017 - 85th Regular

Texas Senate Bill SB1970 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R949 GCB-D
2	2	By: Kolkhorst S.B. No. 1970
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fantasy sports contests.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 13, Occupations Code, is
10	10	amended by adding Chapter 2053 to read as follows:
11	11	CHAPTER 2053. FANTASY SPORTS CONTESTS
12	12	Sec. 2053.001. DEFINITION. In this chapter, "fantasy
13	13	sports contest" means a competition in which:
14	14	(1) a participant pays money or other consideration
15	15	for the opportunity to assemble a fictional team composed of
16	16	professional or amateur sports athletes selected by the participant
17	17	to compete against other fictional teams assembled by other
18	18	competition participants;
19	19	(2) the outcome of the competition is based on the
20	20	actual statistical performance of the selected athletes in sports
21	21	competitions, or in a season or series of sports competitions; and
22	22	(3) a prize is awarded to the competition winner.
23	23	Sec. 2053.002. LEGISLATIVE FINDINGS. (a) The legislature
24	24	finds that a participant in a fantasy sports contest is an actual
25	25	contestant in a bona fide contest for the determination of the skill
26	26	of the participant in assembling a fictional team of sports
27	27	athletes.
28	28	(b) A person who pays an entrance fee to compete in a fantasy
29	29	sports contest is not placing a bet for purposes of the application
30	30	of an offense under Chapter 47, Penal Code.
31	31	Sec. 2053.003. PARTICIPATION IN FANTASY SPORTS CONTEST. A
32	32	person may pay an entrance fee to participate in a fantasy sports
33	33	contest.
34	34	Sec. 2053.004. OPERATION OF FANTASY SPORTS CONTEST. (a) A
35	35	person may operate fantasy sports contests in this state in
36	36	accordance with this chapter and any applicable federal law and may
37	37	participate in the earnings of a business that offers fantasy
38	38	sports contests.
39	39	(b) A fantasy sports contest operator may award prizes to
40	40	contest participants only based on the relative knowledge and skill
41	41	of the contest participants and based predominantly on accumulated
42	42	statistical results of the performance of the athletes
43	43	participating in multiple professional or amateur sports
44	44	competitions or in a season or series of sports competitions.
45	45	(c) Notwithstanding Subsection (b), a fantasy sports
46	46	contest operator may not award a prize based:
47	47	(1) on the score, the point spread, or any performance
48	48	of a single professional or amateur sports team or any combination
49	49	of professional or amateur sports teams;
50	50	(2) solely on any single performance of an individual
51	51	athlete in a single professional or amateur sports competition or
52	52	other event; or
53	53	(3) on live pari-mutuel racing under the Texas Racing
54	54	Act.
55	55	Sec. 2053.005. CONSUMER PROTECTION. A fantasy sports
56	56	contest operator shall implement procedures for fantasy sports
57	57	contests that:
58	58	(1) prevent an employee of the operator, and any
59	59	relative living in the same household as the employee, from
60	60	competing in a fantasy sports contest in which a cash prize is
61	61	awarded;
62	62	(2) prohibit the operator from being a participant in
63	63	a fantasy sports contest that the operator offers;
64	64	(3) prevent an employee or agent of the operator from
65	65	sharing with third parties confidential information that could
66	66	affect fantasy sports contest play until the information has been
67	67	made publicly available;
68	68	(4) verify that fantasy sports contest participants
69	69	are 18 years of age or older; and
70	70	(5) restrict an individual who is a player, a game
71	71	official, or another participant in a professional or amateur
72	72	sports competition from participating in a fantasy sports contest
73	73	that is determined, wholly or partly, on the performance of that
74	74	individual, the individual's professional or amateur team, or the
75	75	accumulated statistical results of the sport or competition in
76	76	which the individual is a player, game official, or other
77	77	participant.
78	78	Sec. 2053.006. INJUNCTIVE RELIEF. (a) The attorney
79	79	general may institute an action for injunctive relief to restrain a
80	80	violation by a person who appears to be in violation of or
81	81	threatening to violate this chapter.
82	82	(b) An action filed under this section by the attorney
83	83	general must be filed in a district court in Travis County or the
84	84	county in which the violation occurred.
85	85	(c) The attorney general may recover reasonable expenses
86	86	incurred in obtaining injunctive relief under this section,
87	87	including court costs, reasonable attorney's fees, investigative
88	88	costs, witness fees, and deposition expenses.
89	89	(d) In an injunction issued under this section, a court may
90	90	include reasonable requirements to prevent further violations of
91	91	this chapter.
92	92	SECTION 2. Section 47.02(c), Penal Code, is amended to read
93	93	as follows:
94	94	(c) It is a defense to prosecution under this section that
95	95	the actor reasonably believed that the conduct:
96	96	(1) was permitted under Chapter 2001, Occupations
97	97	Code;
98	98	(2) was permitted under Chapter 2002, Occupations
99	99	Code;
100	100	(3) was permitted under Chapter 2004, Occupations
101	101	Code;
102	102	(4) was permitted under Chapter 2053, Occupations
103	103	Code;
104	104	(5) consisted entirely of participation in the state
105	105	lottery authorized by the State Lottery Act (Chapter 466,
106	106	Government Code);
107	107	(6) [(5)] was permitted under the Texas Racing Act
108	108	(Article 179e, Vernon's Texas Civil Statutes); or
109	109	(7) [(6)] consisted entirely of participation in a
110	110	drawing for the opportunity to participate in a hunting, fishing,
111	111	or other recreational event conducted by the Parks and Wildlife
112	112	Department.
113	113	SECTION 3. Section 47.09(a), Penal Code, is amended to read
114	114	as follows:
115	115	(a) It is a defense to prosecution under this chapter that
116	116	the conduct:
117	117	(1) was authorized under:
118	118	(A) Chapter 2001, Occupations Code;
119	119	(B) Chapter 2002, Occupations Code;
120	120	(C) Chapter 2004, Occupations Code; [or]
121	121	(D) Chapter 2053, Occupations Code; or
122	122	(E) the Texas Racing Act (Article 179e, Vernon's
123	123	Texas Civil Statutes);
124	124	(2) consisted entirely of participation in the state
125	125	lottery authorized by Chapter 466, Government Code; or
126	126	(3) was a necessary incident to the operation of the
127	127	state lottery and was directly or indirectly authorized by:
128	128	(A) Chapter 466, Government Code;
129	129	(B) the lottery division of the Texas Lottery
130	130	Commission;
131	131	(C) the Texas Lottery Commission; or
132	132	(D) the director of the lottery division of the
133	133	Texas Lottery Commission.
134	134	SECTION 4. This Act takes effect immediately if it receives
135	135	a vote of two-thirds of all the members elected to each house, as
136	136	provided by Section 39, Article III, Texas Constitution. If this
137	137	Act does not receive the vote necessary for immediate effect, this
138	138	Act takes effect September 1, 2017.