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S.B. No. 766
AN ACT
relating to allowing a lodge or other local organization affiliated
with a grand lodge or similar charitable or benevolent institution
or order incorporated under state law to hold a charitable raffle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2002.003, Occupations Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) An organization that is formally recognized as and
that operates as a local chapter, affiliate, unit, or subordinate
lodge of a grand lodge or other institution or order incorporated
under Title 32, Revised Statutes, as authorized by Article 1399,
Revised Statutes, is a qualified nonprofit organization if:
(1) neither the local organization nor the
incorporated grand lodge or other institution or order distributes
any of its income to its members, officers, or governing body, other
than as reasonable compensation for services;
(2) the local organization has existed for the three
preceding years and during those years:
(A) has had a governing body or officers elected
by a vote of its members or by a vote of delegates elected by its
members; or
(B) has been formally recognized as a local
chapter, affiliate, unit, or subordinate lodge of the grand lodge
or other institution or order;
(3) neither the local organization nor the
incorporated grand lodge or other institution or order:
(A) devotes a substantial part of its activities
to attempting to influence legislation; or
(B) participates or intervenes in any political
campaign on behalf of any candidate for public office in any manner,
including by publishing or distributing statements or making
campaign contributions; and
(4) either the local organization or the incorporated
grand lodge or other institution or order qualifies for and has
obtained an exemption from federal income tax from the Internal
Revenue Service under Section 501(c), Internal Revenue Code of
1986, or other applicable provision.
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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 766 passed the Senate on
April 7, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 766 passed the House on
April 29, 2005, by the following vote: Yeas 142, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor