| 1 | 1 | | H.B. No. 2138 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the sale of charitable raffle tickets by certain |
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| 6 | 6 | | nonprofit wildlife conservation associations. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 2002.054, Occupations Code, is amended |
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| 9 | 9 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | (a) The organization may not: |
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| 12 | 12 | | (1) directly or indirectly, by the use of paid |
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| 13 | 13 | | advertising, promote a raffle through a medium of mass |
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| 14 | 14 | | communication, including television, radio, or newspaper; |
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| 15 | 15 | | (2) promote or advertise a raffle statewide, other |
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| 16 | 16 | | than on the organization's Internet website or through a |
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| 17 | 17 | | publication or solicitation, including a newsletter, social media, |
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| 18 | 18 | | or electronic mail, provided only to previously identified |
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| 19 | 19 | | supporters of the organization; or |
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| 20 | 20 | | (3) sell or offer to sell tickets for a raffle |
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| 21 | 21 | | statewide, except as provided by Subsection (a-1). |
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| 22 | 22 | | (a-1) A nonprofit wildlife conservation association, |
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| 23 | 23 | | including each local chapter, affiliate, wildlife cooperative, or |
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| 24 | 24 | | unit, that for purposes of this chapter is a qualified nonprofit |
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| 25 | 25 | | organization eligible under Section 2002.003(e), may use the |
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| 26 | 26 | | organization's Internet website to sell or offer to sell tickets |
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| 27 | 27 | | for a raffle to previously identified supporters of the |
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| 28 | 28 | | organization. This subsection does not authorize the use of an |
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| 29 | 29 | | Internet website to: |
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| 30 | 30 | | (1) provide a graphic or dynamic animation of an entry |
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| 31 | 31 | | to a raffle; or |
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| 32 | 32 | | (2) provide a graphic or dynamic animation of the |
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| 33 | 33 | | drawing of raffle tickets. |
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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, 2023. |
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| 39 | 39 | | ______________________________ ______________________________ |
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| 40 | 40 | | President of the Senate Speaker of the House |
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| 41 | 41 | | I certify that H.B. No. 2138 was passed by the House on April |
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| 42 | 42 | | 13, 2023, by the following vote: Yeas 125, Nays 21, 2 present, not |
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| 43 | 43 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 44 | 44 | | No. 2138 on May 25, 2023, by the following vote: Yeas 113, Nays 30, |
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| 45 | 45 | | 1 present, not voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 2138 was passed by the Senate, with |
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| 49 | 49 | | amendments, on May 23, 2023, by the following vote: Yeas 26, Nays |
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| 50 | 50 | | 5. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Secretary of the Senate |
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| 53 | 53 | | APPROVED: __________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | __________________ |
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| 56 | 56 | | Governor |
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