H.B. No. 2138
AN ACT
relating to the sale of charitable raffle tickets by certain
nonprofit wildlife conservation associations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2002.054, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The organization may not:
(1) directly or indirectly, by the use of paid
advertising, promote a raffle through a medium of mass
communication, including television, radio, or newspaper;
(2) promote or advertise a raffle statewide, other
than on the organization's Internet website or through a
publication or solicitation, including a newsletter, social media,
or electronic mail, provided only to previously identified
supporters of the organization; or
(3) sell or offer to sell tickets for a raffle
statewide, except as provided by Subsection (a-1).
(a-1) A nonprofit wildlife conservation association,
including each local chapter, affiliate, wildlife cooperative, or
unit, that for purposes of this chapter is a qualified nonprofit
organization eligible under Section 2002.003(e), may use the
organization's Internet website to sell or offer to sell tickets
for a raffle to previously identified supporters of the
organization. This subsection does not authorize the use of an
Internet website to:
(1) provide a graphic or dynamic animation of an entry
to a raffle; or
(2) provide a graphic or dynamic animation of the
drawing of raffle tickets.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2138 was passed by the House on April
13, 2023, by the following vote: Yeas 125, Nays 21, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2138 on May 25, 2023, by the following vote: Yeas 113, Nays 30,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2138 was passed by the Senate, with
amendments, on May 23, 2023, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor