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AN ACT
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relating to charitable raffles conducted by the professional sports |
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teams charitable foundations of organizations sanctioned by |
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certain professional associations at rodeo venues. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2004.002, Occupations Code, is amended |
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by amending Subdivision (2) and adding Subdivisions (5) and (6) to |
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read as follows: |
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(2) "Professional sports team" means: |
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(A) a team organized in this state that is a |
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member of Major League Baseball, the National Basketball |
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Association, the National Hockey League, the National Football |
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League, Major League Soccer, the American Hockey League, the East |
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Coast Hockey League, the American Association of Independent |
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Professional Baseball, the Atlantic League of Professional |
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Baseball, Minor League Baseball, the National Basketball |
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Association Development League, the National Women's Soccer |
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League, the Major Arena Soccer League, the United Soccer League, or |
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the Women's National Basketball Association; |
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(B) a person hosting a motorsports racing team |
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event sanctioned by the National Association for Stock Car Auto |
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Racing (NASCAR), INDYCar, or another nationally recognized |
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motorsports racing association at a venue in this state with a |
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permanent seating capacity of not less than 75,000; [or] |
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(C) an organization hosting a Professional Golf |
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Association event; or |
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(D) an organization sanctioned by the |
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Professional Rodeo Cowboys Association or the Women's Professional |
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Rodeo Association. |
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(5) "Rodeo event" means a rodeo conducted at a rodeo |
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venue. |
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(6) "Rodeo venue" means a facility owned or operated |
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by and operated as the home venue of an organization sanctioned by |
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the Professional Rodeo Cowboys Association or the Women's |
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Professional Rodeo Association at which rodeos are conducted by |
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that organization. |
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SECTION 2. Section 2004.003, Occupations Code, is amended |
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to read as follows: |
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Sec. 2004.003. QUALIFICATIONS TO CONDUCT RAFFLE. A |
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professional sports team charitable foundation is qualified to |
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conduct charitable raffles under this chapter if the foundation: |
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(1) is associated with a professional sports team with |
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a home venue or rodeo venue located in this state; |
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(2) does not distribute any of its income to its |
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members, officers, or governing body, other than as reasonable |
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compensation for services; |
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(3) has existed for at least the three years preceding |
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the conduct of a raffle under this chapter; |
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(4) does not devote a substantial part of its |
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activities to attempting to influence legislation and does not |
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participate or intervene in any political campaign on behalf of any |
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candidate for public office in any manner, including by publishing |
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or distributing statements or making campaign contributions; |
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(5) qualifies for and has obtained an exemption from |
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federal income tax from the Internal Revenue Service as a |
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charitable organization described in Section 501(c)(3), Internal |
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Revenue Code of 1986; and |
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(6) does not have or recognize any local chapter, |
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affiliate, unit, or subsidiary organization in this state. |
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SECTION 3. Section 2004.004(a), Occupations Code, is |
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amended to read as follows: |
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(a) A professional sports team charitable foundation that |
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meets the qualifications under Section 2004.003 may conduct a |
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charitable raffle during each preseason, regular season, and |
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postseason game hosted at the home venue or each rodeo event at the |
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rodeo venue of the professional sports team associated with the |
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foundation to provide revenue for the foundation's charitable |
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purposes. |
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SECTION 4. This Act takes effect on December 1, 2021, but |
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only if the constitutional amendment proposed by the 87th |
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Legislature, Regular Session, 2021, authorizing the professional |
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sports team charitable foundations of organizations sanctioned by |
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the Professional Rodeo Cowboys Association or the Women's |
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Professional Rodeo Association to conduct charitable raffles at |
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rodeo venues is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3012 was passed by the House on May 4, |
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2021, by the following vote: Yeas 129, Nays 18, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3012 was passed by the Senate on May |
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22, 2021, by the following vote: Yeas 26, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |