Texas 2025 - 89th Regular

Texas Senate Bill SB2239 Compare Versions

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

Old	New	Differences
1	1	89R10107 BEE-D
2	2	By: Alvarado S.B. No. 2239
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to charitable raffles conducted by certain
10	10	intercollegiate athletics teams; creating criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Intercollegiate
13	13	Athletics Team Charitable Raffle Enabling Act.
14	14	SECTION 2. Subtitle A, Title 13, Occupations Code, is
15	15	amended by adding Chapter 2005 to read as follows:
16	16	CHAPTER 2005. INTERCOLLEGIATE ATHLETICS TEAMS
17	17	CHARITABLE RAFFLES
18	18	Sec. 2005.001. DEFINITIONS. In this chapter:
19	19	(1) "Charitable purposes" has the meaning assigned by
20	20	Section 2002.002.
21	21	(2) "Intercollegiate athletics team" means an
22	22	athletics team that competes on behalf of a general academic
23	23	teaching institution or private or independent institution of
24	24	higher education, as those terms are defined by Section 61.003,
25	25	Education Code.
26	26	(3) "Raffle" has the meaning assigned by Section
27	27	2002.002.
28	28	Sec. 2005.002. QUALIFICATIONS TO CONDUCT RAFFLE. An
29	29	intercollegiate athletics team is qualified to conduct charitable
30	30	raffles under this chapter if the team:
31	31	(1) is associated with a home venue located in this
32	32	state;
33	33	(2) does not distribute any of its income to its
34	34	members, officers, or governing body, other than as reasonable
35	35	compensation for services;
36	36	(3) has existed for at least the three years preceding
37	37	the conduct of a raffle under this chapter;
38	38	(4) does not devote a substantial part of its
39	39	activities to attempting to influence legislation and does not
40	40	participate or intervene in any political campaign on behalf of any
41	41	candidate for public office in any manner, including by publishing
42	42	or distributing statements or making campaign contributions; and
43	43	(5) qualifies for and has obtained an exemption from
44	44	federal income tax from the Internal Revenue Service as a
45	45	charitable organization described in Section 501(c)(3), Internal
46	46	Revenue Code of 1986.
47	47	Sec. 2005.003. RAFFLE AUTHORIZED; TICKET SALES. (a) An
48	48	intercollegiate athletics team that meets the qualifications under
49	49	Section 2005.002 may conduct a charitable raffle during each game
50	50	hosted at the intercollegiate athletics team's home venue to
51	51	provide revenue for charitable purposes for:
52	52	(1) intercollegiate athletics teams; and
53	53	(2) mental health services at the intercollegiate
54	54	athletics team's institution.
55	55	(b) Raffle tickets for a charitable raffle conducted under
56	56	Subsection (a) may be sold:
57	57	(1) at the home venue of the intercollegiate athletics
58	58	team conducting the raffle; or
59	59	(2) through digital interactive media, including an
60	60	Internet website of or mobile application provided by the
61	61	intercollegiate athletics team conducting the raffle.
62	62	(c) Raffle tickets for a charitable raffle conducted under
63	63	Subsection (a) may be sold only during the period beginning when the
64	64	venue opens to attendees of the game and ending when the draw to
65	65	determine the prize winners for the raffle concludes.
66	66	(d) Raffle tickets sold under Subsection (b)(2) may only be
67	67	sold to individuals who at the time of the sale are physically
68	68	located within the home venue of the intercollegiate athletics team
69	69	associated with the foundation conducting the raffle.
70	70	(e) Subsection (b)(2) does not authorize the use of an
71	71	Internet website or mobile application to provide a graphic or
72	72	dynamic animation that corresponds to the outcome of a winning or
73	73	losing raffle ticket.
74	74	(f) An intercollegiate athletics team authorized to conduct
75	75	a raffle under this section may award to a raffle winner selected by
76	76	random draw a cash prize in an amount not to exceed 50 percent of the
77	77	gross proceeds collected from the sale of raffle tickets.
78	78	(g) Only employees or volunteers of the intercollegiate
79	79	athletics team or of the intercollegiate athletics team's
80	80	institution may sell raffle tickets for a charitable raffle
81	81	conducted under this chapter.
82	82	(h) Only persons 18 years of age or older may purchase
83	83	raffle tickets in a charitable raffle conducted under this chapter.
84	84	An intercollegiate athletics team that conducts a charitable raffle
85	85	under Subsection (a) shall contract with a third-party vendor to
86	86	ensure only persons 18 years of age or older purchase tickets for
87	87	the raffle.
88	88	Sec. 2005.004. TICKET DISCLOSURES. The following
89	89	information must be printed on each raffle ticket sold or offered
90	90	for sale under this chapter:
91	91	(1) the name of the raffle for which the ticket is
92	92	offered for sale and the sales station at which the ticket was
93	93	purchased;
94	94	(2) the date on which the random draw to determine the
95	95	winner of the raffle will occur and the manner in which the winning
96	96	ticket for the raffle will be announced;
97	97	(3) the procedure and location for claiming a prize;
98	98	(4) the time allowed for a prize winner to claim a
99	99	prize; and
100	100	(5) the logo of the intercollegiate athletics team,
101	101	the logo of the intercollegiate athletics team's institution, or
102	102	both.
103	103	Sec. 2005.005. USE OF RAFFLE PROCEEDS. All proceeds from
104	104	the sale of raffle tickets less the amounts deducted for reasonable
105	105	operating expenses and cash prizes must be allocated as follows:
106	106	(1) at least 20 percent of the proceeds for mental
107	107	health services at the intercollegiate athletics team's
108	108	institution; and
109	109	(2) the remainder for the charitable purposes of the
110	110	intercollegiate athletics team or the intercollegiate athletics
111	111	team's institution.
112	112	Sec. 2005.006. REASONABLE OPERATING EXPENSES. (a) For each
113	113	raffle conducted under this chapter, an intercollegiate athletics
114	114	team may deduct not more than 10 percent of the gross proceeds
115	115	collected from the sale of raffle tickets to pay the reasonable
116	116	operating expenses of conducting the raffle.
117	117	(b) For purposes of this chapter, reasonable operating
118	118	expenses include:
119	119	(1) promotion, advertisements, charitable foundation
120	120	fund-raising events, equipment, and administrative expenses; and
121	121	(2) purchase, lease, or licensing fees for the
122	122	equipment, hardware, and software necessary to:
123	123	(A) sell raffle tickets to raffle participants;
124	124	(B) conduct random drawings to select prize
125	125	winners; and
126	126	(C) continuously calculate the number of ticket
127	127	sales, amount of money collected, amount of cash prize to be
128	128	awarded, amount of money raised for charitable purposes, and amount
129	129	of gross ticket sales that may be deducted for reasonable operating
130	130	expenses.
131	131	Sec. 2005.007. COMMUNICATION OF WINNING NUMBER. The
132	132	winning number of a charitable raffle conducted under this chapter
133	133	may not be communicated to raffle participants by means of
134	134	interactive and instantaneous technology.
135	135	Sec. 2005.008. CRIMINAL OFFENSES. (a) A person commits an
136	136	offense if the person sells or offers to sell a raffle ticket for a
137	137	charitable raffle conducted under this chapter to an individual
138	138	that the person knows to be younger than 18 years of age.
139	139	(b) A person commits an offense if the person purchases a
140	140	raffle ticket for a charitable raffle conducted under this chapter
141	141	with the proceeds of a check issued as a payment under the financial
142	142	assistance program administered under Chapter 31, Human Resources
143	143	Code.
144	144	(c) A person commits an offense if the person misrepresents
145	145	the person's age or displays fraudulent evidence that the person is
146	146	18 years of age or older in order to purchase a raffle ticket for a
147	147	charitable raffle conducted under this chapter.
148	148	(d) An offense under this section is a Class C misdemeanor.
149	149	Sec. 2005.009. INJUNCTION AGAINST UNAUTHORIZED RAFFLE. (a)
150	150	A county attorney, district attorney, criminal district attorney,
151	151	or the attorney general may bring an action in county or district
152	152	court for a permanent or temporary injunction or a temporary
153	153	restraining order prohibiting conduct involving a raffle or similar
154	154	procedure that:
155	155	(1) violates or threatens to violate state law
156	156	relating to gambling; and
157	157	(2) is not authorized by this chapter, Chapter 2002,
158	158	Chapter 2004, or other law.
159	159	(b) Venue for an action under this section is in the county
160	160	in which the conduct occurs or in which a defendant in the action
161	161	resides.
162	162	SECTION 3. Section 47.02(c), Penal Code, is amended to read
163	163	as follows:
164	164	(c) It is a defense to prosecution under this section that
165	165	the actor reasonably believed that the conduct:
166	166	(1) was permitted under Chapter 2001, Occupations
167	167	Code;
168	168	(2) was permitted under Chapter 2002, Occupations
169	169	Code;
170	170	(3) was permitted under Chapter 2004, Occupations
171	171	Code;
172	172	(4) was permitted under Chapter 2005, Occupations
173	173	Code;
174	174	(5) consisted entirely of participation in the state
175	175	lottery authorized by the State Lottery Act (Chapter 466,
176	176	Government Code);
177	177	(6) [(5)] was permitted under Subtitle A-1, Title 13,
178	178	Occupations Code (Texas Racing Act); or
179	179	(7) [(6)] consisted entirely of participation in a
180	180	drawing for the opportunity to participate in a hunting, fishing,
181	181	or other recreational event conducted by the Parks and Wildlife
182	182	Department.
183	183	SECTION 4. Section 47.09(a), Penal Code, is amended to read
184	184	as follows:
185	185	(a) It is a defense to prosecution under this chapter that
186	186	the conduct:
187	187	(1) was authorized under:
188	188	(A) Chapter 2001, Occupations Code;
189	189	(B) Chapter 2002, Occupations Code;
190	190	(C) Chapter 2004, Occupations Code;
191	191	(D) Chapter 2005, Occupations Code;
192	192	(E) Subtitle A-1, Title 13, Occupations Code
193	193	(Texas Racing Act); or
194	194	(F) [(E)] Chapter 280, Finance Code;
195	195	(2) consisted entirely of participation in the state
196	196	lottery authorized by Chapter 466, Government Code; or
197	197	(3) was a necessary incident to the operation of the
198	198	state lottery and was directly or indirectly authorized by:
199	199	(A) Chapter 466, Government Code;
200	200	(B) the lottery division of the Texas Lottery
201	201	Commission;
202	202	(C) the Texas Lottery Commission; or
203	203	(D) the director of the lottery division of the
204	204	Texas Lottery Commission.
205	205	SECTION 5. This Act takes effect January 1, 2026, but only
206	206	if the constitutional amendment proposed by the 89th Legislature,
207	207	Regular Session, 2025, authorizing the legislature to permit
208	208	intercollegiate athletics teams to conduct charitable raffles is
209	209	approved by the voters. If that amendment is not approved by the
210	210	voters, this Act has no effect.