H.B. No. 659
AN ACT
relating to authorizing a qualified organization under the
Charitable Raffle Enabling Act to conduct a reverse raffle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2002.002, Occupations Code, is amended
by adding Subdivision (7) to read as follows:
(7) "Reverse raffle" means a raffle in which the last
ticket or tickets drawn are considered the winning tickets.
SECTION 2. Section 2002.054(c), Occupations Code, is
amended to read as follows:
(c) Except as provided by Section 2002.0541, the [The]
organization may not permit a person who is not a member of the
organization or who is not authorized by the organization to sell or
offer to sell raffle tickets.
SECTION 3. Subchapter B, Chapter 2002, Occupations Code, is
amended by adding Section 2002.0541 to read as follows:
Sec. 2002.0541. REVERSE RAFFLE. (a) A qualified
organization may conduct a reverse raffle as provided by this
section.
(b) Notwithstanding Section 2002.056(a), a refund of the
purchase price of a ticket may be awarded as a raffle prize in a
reverse raffle.
(c) Notwithstanding Section 2002.055(3), after the drawing
of tickets in a reverse raffle has begun, the qualified
organization conducting the raffle may auction off additional
tickets to persons who are present at the drawing for a price other
than the price printed on the ticket.
(d) After the drawing of tickets in a reverse raffle has
begun, the qualified organization may permit a ticket holder
present at the drawing to resell the ticket to another person
present at the drawing for an amount greater than the original
purchase price of the ticket. The sale must be made through a
designated representative of the organization, and not less than 10
percent of the sale proceeds must be retained by the organization.
(e) Notwithstanding Section 2002.055(3), after the drawing
of tickets in a reverse raffle has begun, the qualified
organization may permit the holder of a previously drawn ticket:
(1) to purchase additional chances for the ticket to
be selected to win a prize; or
(2) to purchase additional tickets for the raffle.
(f) Only the portion of the proceeds from the resale of a
ticket under Subsection (d) retained by the organization are
subject to Section 2002.053. All proceeds from the sale of
additional chances for a ticket under Subsection (e) are considered
to be proceeds from the sale of the ticket for purposes of Section
2002.053.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 659 was passed by the House on May 9,
2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 659 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor