reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter A. General Provisions › Section 2002.002. Definitions

Sec. 2002.002.  DEFINITIONS.  In this chapter:
(1)  "Charitable purposes" means:
(A)  benefitting needy or deserving persons in this state, indefinite in number, by:
(i)  enhancing their opportunities for religious or educational advancement;
(ii)  relieving them from disease, suffering, or distress;
(iii)  contributing to their physical well-being;
(iv)  assisting them in establishing themselves in life as worthy and useful citizens;  or
(v)  increasing their comprehension of and devotion to the principles on which this nation was founded and enhancing their loyalty to their government;
(B)  initiating, performing, or fostering worthy public works in this state;  or
(C)  enabling or furthering the erection or maintenance of public structures in this state.
(1-a)  "Money" means coins, paper currency, or a negotiable instrument that represents and is readily convertible to coins or paper currency.
(2)  "Qualified organization" means a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.
(3)  "Qualified religious society" means a church, synagogue, or other organization or association organized primarily for religious purposes that:
(A)  has been in existence in this state for at least 10 years;  and
(B)  does not distribute any of its income to its members, officers, or governing body, other than as reasonable compensation for services or for reimbursement of expenses.
(4)  "Qualified volunteer emergency medical service" means an association that:
(A)  is organized primarily to provide and actively provides emergency medical, rescue, or ambulance services;
(B)  does not pay its members compensation other than nominal compensation;  and
(C)  does not distribute any of its income to its members, officers, or governing body other than for reimbursement of expenses.
(5)  "Qualified volunteer fire department" means an association that:
(A)  operates fire-fighting equipment;
(B)  is organized primarily to provide and actively provides fire-fighting services;
(C)  does not pay its members compensation other than nominal compensation;  and
(D)  does not distribute any of its income to its members, officers, or governing body, other than for reimbursement of expenses.
(6)  "Raffle" means the award of one or more prizes by chance at a single occasion among a single pool or group of persons who have paid or promised a thing of value for a ticket that represents a chance to win a prize.
(7)  "Reverse raffle" means a raffle in which the last ticket or tickets drawn are considered the winning tickets.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 929 (H.B. 541), Sec. 1, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1006 (H.B. 659), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter A. General Provisions › Section 2002.004. Imputed Actions of Organization

Sec. 2002.004.  IMPUTED ACTIONS OF ORGANIZATION.  For purposes of this chapter, an organization performs an act if a member, officer, or agent of the organization performs the act with the consent or authorization of the organization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter A. General Provisions › Section 2002.005. Applicability

Sec. 2002.005.  APPLICABILITY.  This chapter does not apply to a savings promotion raffle authorized under Chapter 280, Finance Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 4, eff. November 7, 2017.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.051. Raffle Authorized

Sec. 2002.051.  RAFFLE AUTHORIZED.  A qualified organization may conduct a raffle subject to the conditions imposed by this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.052. Time and Frequency Restrictions

Sec. 2002.052.  TIME AND FREQUENCY RESTRICTIONS.  (a)  In this section, "calendar year" means a period beginning January 1 and ending on the succeeding December 31.
(b)  A raffle is not authorized by this chapter if the organization awards prizes in the raffle in a calendar year in which the organization has previously awarded prizes in four other raffles.  For purposes of this subsection, a raffle conducted in a preceding calendar year for which a prize or prizes are awarded on a later date set in accordance with Subsection (e) that occurs in a subsequent calendar year is not included in the number of raffles for which prizes are awarded by the organization in that subsequent calendar year.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 706 (H.B. 2757), Sec. 4, eff. June 15, 2021.
(d)  Before selling or offering to sell tickets for a raffle, a qualified organization shall set a date on which the organization will award the prize or prizes in a raffle.  The organization must award the prize or prizes on that date unless the organization becomes unable to award the prize or prizes on that date.
(e)  A qualified organization that is unable to award a prize or prizes on the date set under Subsection (d) may set another date not later than 30 days from the date originally set on which the organization will award the prize or prizes.
(f)  If the prize or prizes are not awarded within the 30 days as required by Subsection (e), the organization must refund or offer to refund the amount paid by each person who purchased a ticket for the raffle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 597, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 706 (H.B. 2757), Sec. 2, eff. June 15, 2021.
Acts 2021, 87th Leg., R.S., Ch. 706 (H.B. 2757), Sec. 4, eff. June 15, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.053. Use of Raffle Proceeds

Sec. 2002.053.  USE OF RAFFLE PROCEEDS.  All proceeds from the sale of tickets for a raffle must be spent for the charitable purposes of the qualified organization.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 929 (H.B. 541), Sec. 3, eff. June 18, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.054. Restrictions on Raffle Promotion and Ticket Sales

Sec. 2002.054.  RESTRICTIONS ON RAFFLE PROMOTION AND TICKET SALES.  (a)  The organization may not:
(1)  directly or indirectly, by the use of paid advertising, promote a raffle through a medium of mass communication, including television, radio, or newspaper;
(2)  promote or advertise a raffle statewide, other than on the organization's Internet website or through a publication or solicitation, including a newsletter, social media, or electronic mail, provided only to previously identified supporters of the organization; or
(3)  sell or offer to sell tickets for a raffle statewide.
(b)  Except as provided by this subsection, the organization may not compensate a person directly or indirectly for organizing or conducting a raffle or for selling or offering to sell tickets to a raffle.  A member of the organization who is employed by the organization may organize and conduct a raffle, but the member's work organizing or conducting a raffle may not be more than a de minimis portion of the member's employment with the organization.
(c)  Except as provided by Section 2002.0541, the organization may not permit a person who is not authorized by the organization to sell or offer to sell raffle tickets.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 929 (H.B. 541), Sec. 4, eff. June 18, 2005.
Acts 2005, 79th Leg., Ch. 1006 (H.B. 659), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 12.003, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 124 (H.B. 457), Sec. 1, eff. May 27, 2011.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.0541. Reverse Raffle

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.
Added by Acts 2005, 79th Leg., Ch. 1006 (H.B. 659), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.055. Ticket Disclosures

Sec. 2002.055.  TICKET DISCLOSURES.  The following information must be printed on each raffle ticket sold or offered for sale:
(1)  the name of the organization conducting the raffle;
(2)  the address of the organization or of a named officer of the organization;
(3)  the ticket price;
(4)  a general description of each prize having a value of more than $10 to be awarded in the raffle;  and
(5)  the date on which the raffle prize or prizes will be awarded.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 597, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.056. Restrictions on Prizes

Sec. 2002.056.  RESTRICTIONS ON PRIZES.  (a)  A prize offered or awarded at a raffle may not be money.
(b)  Except as provided by Subsections (b-1) and (c), the value of a prize offered or awarded at a raffle that is purchased by the organization or for which the organization provides any consideration may not exceed $75,000.
(b-1)  The value of a residential dwelling offered or awarded as a prize at a raffle that is purchased by the organization or for which the organization provides any consideration may not exceed $750,000.
(c)  A raffle prize may consist of one or more tickets in the state lottery authorized by Chapter 466, Government Code, with a face value of $75,000 or less, without regard to whether a prize in the lottery game to which the ticket or tickets relate exceeds $75,000.
(d)  A raffle is not authorized by this chapter unless the organization:
(1)  has the prize to be offered in the raffle in its possession or ownership;  or
(2)  posts bond with the county clerk of the county in which the raffle is to be held for the full amount of the money value of the prize.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 929 (H.B. 541), Sec. 5, eff. June 18, 2005.
Acts 2021, 87th Leg., R.S., Ch. 706 (H.B. 2757), Sec. 3, eff. June 15, 2021.
Acts 2023, 88th Leg., R.S., Ch. 338 (S.B. 500), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.057. Ticket Sale on University Property

Sec. 2002.057.  TICKET SALE ON UNIVERSITY PROPERTY.  An institution of higher education, as defined by Section 61.003, Education Code, shall allow a qualified organization that is a student organization recognized by the institution to sell raffle tickets at any facility of the institution, subject to reasonable restrictions on the time, place, and manner of the sale.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2002 - Charitable Raffles › Subchapter B. Operation of Raffle › Section 2002.058. Injunctive Action Against Unauthorized Raffle

Sec. 2002.058.  INJUNCTIVE ACTION AGAINST UNAUTHORIZED RAFFLE.  (a)  A county attorney, district attorney, criminal district attorney, or the attorney general may bring an action in county or district court for a permanent or temporary injunction or a temporary restraining order prohibiting conduct involving a raffle or similar procedure that:
(1)  violates or threatens to violate state law relating to gambling;  and
(2)  is not authorized by this chapter or other law.
(b)  Venue for an action under this section is in the county in which the conduct occurs or in which a defendant in the action resides.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2003 - Inspection and Regulation of Gambling Vessels › Subchapter A. General Provisions › Section 2003.001. Definition

Sec. 2003.001.  DEFINITION.  In this chapter, "department" means the Department of Public Safety of the State of Texas.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2003 - Inspection and Regulation of Gambling Vessels › Subchapter A. General Provisions › Section 2003.002. Application of Chapter

Sec. 2003.002.  APPLICATION OF CHAPTER.  This chapter applies only to a vessel on which activity described by Section 47.02(a), Penal Code, is regularly conducted, whether or not the activity occurs in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2003 - Inspection and Regulation of Gambling Vessels › Subchapter B. State Inspection and Regulation › Section 2003.051. Criminal History Record Information

Sec. 2003.051.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  The department may request criminal history record information from the Federal Bureau of Investigation or any other law enforcement agency relating to a person who owns, has a financial interest in, operates, or is employed by a person who operates a vessel in this state, including the territorial waters of this state, whether or not the operation of the vessel is in violation of law.
(b)  The department may maintain records of information obtained under Subsection (a).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2003 - Inspection and Regulation of Gambling Vessels › Subchapter B. State Inspection and Regulation › Section 2003.052. Inspection

Sec. 2003.052.  INSPECTION.  The department may inspect a vessel located in this state, including the territorial waters of this state, to ensure that the vessel is operated in compliance with state or other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2003 - Inspection and Regulation of Gambling Vessels › Subchapter C. Municipal Inspection and Regulation › Section 2003.101. Regulation

Sec. 2003.101.  REGULATION.  (a)  A municipality, by ordinance, may impose regulations for the protection of the health and safety of the passengers or crew of a vessel that:
(1)  regularly boards passengers in the municipality;  or
(2)  is regularly loaded, fueled, repaired, stored, or docked in the municipality.
(b)  A municipal ordinance may not prohibit an activity relating to a vessel that is expressly permitted under Chapter 47, Penal Code, or other state law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2003 - Inspection and Regulation of Gambling Vessels › Subchapter C. Municipal Inspection and Regulation › Section 2003.102. Inspection

Sec. 2003.102.  INSPECTION.  A municipality may inspect a vessel docked in the municipality to determine if the vessel is operated in compliance with Chapter 47, Penal Code, a municipal ordinance, or other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.001. Short Title

Sec. 2004.001.  SHORT TITLE.  This chapter may be cited as the Professional Sports Team Charitable Foundation Raffle Enabling Act.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.002. Definitions

Sec. 2004.002.  DEFINITIONS.  In this chapter:
(1)  "Charitable purposes" has the meaning assigned by Section 2002.002.
(1-a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 418 (H.B. 2168), Sec. 1, eff. June 8, 2021.
(2)  "Professional sports team" means:
(A)  a team organized in this state that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women's Soccer League, the Major Arena Soccer League, the United Soccer League, or the Women's National Basketball Association;
(B)  a person hosting a motorsports racing team event sanctioned by the National Association for Stock Car Auto Racing (NASCAR), INDYCar, or another nationally recognized motorsports racing association at a venue in this state with a permanent seating capacity of not less than 75,000;
(C)  an organization hosting a Professional Golf Association event; or
(D)  an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association.
(3)  "Professional sports team charitable foundation" means an organization that:
(A)  holds a certificate of formation under the Business Organizations Code or is otherwise incorporated under the laws of this state;
(B)  is associated with a professional sports team; and
(C)  is formed for charitable purposes.
(4)  "Raffle" has the meaning assigned by Section 2002.002.
(5)  "Rodeo event" means a rodeo conducted at a rodeo venue.
(6)  "Rodeo venue" means a facility owned or operated by and operated as the home venue of an organization sanctioned by the Professional Rodeo Cowboys Association or the Women's Professional Rodeo Association at which rodeos are conducted by that organization.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 895 (H.B. 3125), Sec. 1, eff. December 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 418 (H.B. 2168), Sec. 1, eff. June 8, 2021.
Acts 2021, 87th Leg., R.S., Ch. 483 (H.B. 3012), Sec. 1, eff. December 1, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.003. Qualifications to Conduct Raffle

Sec. 2004.003.  QUALIFICATIONS TO CONDUCT RAFFLE.  A professional sports team charitable foundation is qualified to conduct charitable raffles under this chapter if the foundation:
(1)  is associated with a professional sports team with a home venue or rodeo venue located in this state;
(2)  does not distribute any of its income to its members, officers, or governing body, other than as reasonable compensation for services;
(3)  has existed for at least the three years preceding the conduct of a raffle under this chapter;
(4)  does not devote a substantial part of its activities to attempting to influence legislation and does not participate or intervene 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;
(5)  qualifies for and has obtained an exemption from federal income tax from the Internal Revenue Service as a charitable organization described in Section 501(c)(3), Internal Revenue Code of 1986; and
(6)  does not have or recognize any local chapter, affiliate, unit, or subsidiary organization in this state.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 483 (H.B. 3012), Sec. 2, eff. December 1, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.004. Raffle Authorized; Ticket Sales

Sec. 2004.004.  RAFFLE AUTHORIZED; TICKET SALES.  (a)  A professional sports team charitable foundation that meets the qualifications under Section 2004.003 may conduct a charitable raffle during each preseason, regular season, and postseason game hosted at the home venue or each rodeo event at the rodeo venue of the professional sports team associated with the foundation to provide revenue for the foundation's charitable purposes.
(a-1)  Raffle tickets for a charitable raffle conducted under Subsection (a) may be sold:
(1)  at the home venue or rodeo venue of the professional sports team associated with the foundation conducting the raffle; or
(2)  through digital interactive media, including an Internet website of or mobile application provided by the professional sports team associated with the foundation conducting the raffle.
(a-2)  Raffle tickets for a charitable raffle conducted under Subsection (a) may be sold only during the period beginning when the venue opens to attendees of the game or rodeo venue opens to attendees of the rodeo event and ending when the draw to determine the prize winners for the raffle concludes.
(a-3)  Raffle tickets sold under Subsection (a-1)(2) may only be sold to individuals who at the time of the sale are physically located inside the home venue or rodeo venue of the professional sports team associated with the foundation conducting the raffle.
(a-4)  Subsection (a-1)(2) does not authorize the use of an Internet website or mobile application to provide a graphic or dynamic animation that corresponds to the outcome of a winning or losing raffle ticket.
(b)  A professional sports team charitable foundation authorized to conduct a raffle under this section may award to a raffle winner selected by random draw a cash prize in an amount not to exceed 50 percent of the gross proceeds collected from the sale of raffle tickets.
(c)  Only employees or volunteers of the professional sports team charitable foundation or the professional sports team associated with the foundation may sell raffle tickets for a charitable raffle conducted under this chapter.
(d)  Only persons 18 years of age or older may purchase raffle tickets in a charitable raffle conducted under this chapter.  A professional sports team charitable foundation that conducts a charitable raffle under Subsection (a) shall contract with a third-party vendor to ensure only persons 18 years of age or older purchase tickets for the raffle.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 483 (H.B. 3012), Sec. 3, eff. December 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 771 (H.B. 1759), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.005. Ticket Disclosures

Sec. 2004.005.  TICKET DISCLOSURES.  The following information must be printed on each raffle ticket sold or offered for sale under this chapter:
(1)  the name of the raffle for which the ticket is offered for sale and the sales station at which the ticket was purchased;
(2)  the date on which the random draw to determine the winner of the raffle will occur and the manner in which the winning ticket for the raffle will be announced;
(3)  the procedure and location for claiming a prize;
(4)  the time allowed for a prize winner to claim a prize; and
(5)  the logo of the professional sports team charitable foundation, the logo of the professional sports team associated with the foundation, or both.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.006. Use of Raffle Proceeds

Sec. 2004.006.  USE OF RAFFLE PROCEEDS.  All proceeds from the sale of raffle tickets less the amounts deducted for reasonable operating expenses and cash prizes must be used for the charitable purposes of the professional sports team charitable foundation.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.007. Reasonable Operating Expenses

Sec. 2004.007.  REASONABLE OPERATING EXPENSES.  (a) For each raffle conducted under this chapter, a professional sports team charitable foundation may deduct not more than 10 percent of the gross proceeds collected from the sale of tickets for the raffle to pay the reasonable operating expenses of conducting the raffle.
(b)  For purposes of this chapter, reasonable operating expenses include:
(1)  promotion, advertisements, charitable foundation fund-raising events, equipment, and administrative expenses; and
(2)  purchase, lease, or licensing fees for the equipment, hardware, and software necessary to:
(A)  sell raffle tickets to raffle participants;
(B)  conduct random drawings to select prize winners; and
(C)  continuously calculate the number of ticket sales, amount of money collected, amount of cash prize to be awarded, amount of money raised for charitable purposes, and amount of gross ticket sales that may be deducted for reasonable operating expenses.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.008. Communication of Winning Number

Sec. 2004.008.  COMMUNICATION OF WINNING NUMBER.  The winning number of a charitable raffle conducted under this chapter may not be communicated to raffle participants by means of interactive and instantaneous technology.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.009. Criminal Penalties

Sec. 2004.009.  CRIMINAL PENALTIES.  (a)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 418 (H.B. 2168), Sec. 1, eff. June 8, 2021.
(b)  A person commits an offense if the person sells or offers to sell a raffle ticket for a charitable raffle conducted under this chapter to an individual that the person knows to be younger than 18 years of age.
(c)  A person commits an offense if the person purchases a raffle ticket for a charitable raffle conducted under this chapter with the proceeds of a check issued as a payment under the financial assistance program administered under Chapter 31, Human Resources Code.
(d)  A person commits an offense if the person misrepresents the person's age or displays fraudulent evidence that the person is 18 years of age or older in order to purchase a raffle ticket for a charitable raffle conducted under this chapter.
(e)  An offense under this section is a Class C misdemeanor.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 895 (H.B. 3125), Sec. 2, eff. December 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 418 (H.B. 2168), Sec. 1, eff. June 8, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A - Gaming › Chapter 2004 - Professional Sports Team Charitable Foundation Raffles › Section 2004.010. Injunctive Action Against Unauthorized Raffle

Sec. 2004.010.  INJUNCTIVE ACTION AGAINST UNAUTHORIZED RAFFLE.  (a) A county attorney, district attorney, criminal district attorney, or the attorney general may bring an action in county or district court for a permanent or temporary injunction or a temporary restraining order prohibiting conduct involving a raffle or similar procedure that:
(1)  violates or threatens to violate state law relating to gambling; and
(2)  is not authorized by this chapter, Chapter 2002, or other law.
(b)  Venue for an action under this section is in the county in which the conduct occurs or in which a defendant in the action resides.
Added by Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.001. Short Title

Sec. 2021.001.  SHORT TITLE.  This subtitle may be cited as the Texas Racing Act.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.002. Purpose

Sec. 2021.002.  PURPOSE.  The purpose of this subtitle is to provide for the strict regulation of horse racing and greyhound racing and the control of pari-mutuel wagering in connection with that racing.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.004. Definitions Used in Administering Subtitle

Sec. 2021.004.  DEFINITIONS USED IN ADMINISTERING SUBTITLE.  For the purpose of administering this subtitle:
(1)  "Authorized agent" means a person appointed by an owner of a horse to represent the owner.  The term is limited to a person who is appointed by a written instrument that the commission acknowledges and approves.
(2)  "Clerk of scales" means a racetrack official who is responsible for weighing a jockey before and after a race.
(3)  "Handicapper" means a person who predicts the winner of a horse race.
(4)  "Horseshoe inspector" means a racetrack official who inspects the shoes of the horses entered in a race.
(5)  "Jockey" or "apprentice jockey" means a professional rider licensed by the commission to ride in horse races.
(6)  "Jockey room custodian" means a person who maintains the premises of a room in which jockeys prepare for a race.
(7)  "Official starter" means a racetrack official who is in charge of the start of a race.
(8)  "Paddock judge" means a racetrack official who supervises animals entered in a race while the animals are assembled before the beginning of a race in an enclosure on the grounds of a racetrack.
(9)  "Patrol judge" means a racetrack official who is stationed at a set point along the racetrack to monitor the running of a race.
(10)  "Quarter horse racing" means the form of horse racing in which quarter horses mounted by jockeys engage in a race.
(11)  "Stable foreman" means the person in charge of the building in which horses are lodged and fed.
(12)  "Timer" means a racetrack official who times the running of a race.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.005. Precedence of Suit Under Title

Sec. 2021.005.  PRECEDENCE OF SUIT UNDER TITLE.  A court shall accelerate the disposition of an action brought under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.006. Release of Civil Liability

Sec. 2021.006.  RELEASE OF CIVIL LIABILITY.  A commission member, a commission employee, a steward or judge, a racetrack association, a horsemen's organization, or any other person regulated under this subtitle is not liable for a cause of action that arises out of that person's performance or exercise of discretion in the implementation or enforcement of this subtitle or a rule adopted under this subtitle if the person has acted in good faith.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.007. Fee or Payment in Lieu of Other State Taxes and Fees

Sec. 2021.007.  FEE OR PAYMENT IN LIEU OF OTHER STATE TAXES AND FEES.  (a)  A fee or payment collected by this state under this subtitle is in lieu of any other fee, payment, or tax imposed by this state.
(b)  This section does not preclude the application of:
(1)  the sales tax or an increase in the sales tax to the sale or purchase of a taxable item by a person licensed under this subtitle; or
(2)  the franchise tax to a person licensed under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.008. Sunset Provision

Sec. 2021.008.  SUNSET PROVISION.  (a)  The commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, and except as provided by Subsections (b) and (c), the commission is abolished and this subtitle expires September 1, 2029.
(a-1)  As part of the review under Subsection (a), the Sunset Advisory Commission shall review:
(1)  the impact on the commission of authorizing the executive director to apply for and receive grants to implement or enforce this subtitle;
(2)  the effect of increasing the amount of unappropriated money remaining in the Texas Racing Commission fund at the close of each state fiscal biennium that is transferred to the general revenue fund;
(3)  the effect of complying with Chapter 53 in the administration of the commission's licensing program;
(4)  the effect of requiring reimbursement of general revenue appropriated to the commission for the administration and enforcement of this subtitle that exceeds the cumulative amount deposited in the Texas Racing Commission fund; and
(5)  the commission's authority to issue a temporary license to an applicant whose application appears to comply with the requirements of law.
(b)  If, at the time the commission would be abolished under Subsection (a), a racetrack association has outstanding long-term liabilities:
(1)  the racetrack association may continue to operate for a period not to exceed one year after those liabilities are satisfied; and
(2)  the commission and this subtitle are continued in effect for the purpose of regulating that racetrack association under this subtitle.
(c)  If the commission and this subtitle are continued in effect under Subsection (b), the commission is abolished and this subtitle expires on the first day of the state fiscal year following the state fiscal year in which the commission certifies to the secretary of state that no racetrack associations are operating under the terms of Subsection (b).
(d)  A racetrack association that continues to operate under Subsection (b) may not incur any new liability without commission approval.  At the beginning of that period, the commission shall:
(1)  review the outstanding liabilities of the racetrack association; and
(2)  set a specific date by which the racetrack association must retire its outstanding liabilities.
(e)  Notwithstanding any contrary contract provision, a racetrack association may prepay any debt incurred by the racetrack association in conducting racing under this subtitle.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 1.04, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 3.04(a), eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1120 (H.B. 1620), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2021 - General Provisions › Section 2021.009. Prohibited Use of State Appropriated Funds

Sec. 2021.009.  PROHIBITED USE OF STATE APPROPRIATED FUNDS.  This subtitle prohibits the use of state appropriated funds for capital improvements to racetracks or for interest payments on such facilities except for racetracks that were publicly owned on September 1, 1986.
Added by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 18.003(a), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.001. Commission Membership

Sec. 2022.001.  COMMISSION MEMBERSHIP.  (a)  The commission consists of:
(1)  seven members appointed by the governor with the advice and consent of the senate; and
(2)  two ex officio members who have the right to vote.
(b)  The ex officio members are:
(1)  the chair of the Public Safety Commission, or a member of the Public Safety Commission designated by the chair; and
(2)  the commissioner of agriculture or the commissioner's designee.
(c)  Of the appointed commission members:
(1)  five members must be representatives of the general public and have general knowledge of business or agribusiness;
(2)  one additional member must have special knowledge or experience related to horse racing; and
(3)  one additional member must have special knowledge or experience related to greyhound racing.
(d)  At least one of the members appointed under Subsection (c)(1) may be a veterinarian.  Holding a veterinarian's license satisfies the requirement that the person have general knowledge of business or agribusiness.
(e)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(f)  In making appointments to the commission, the governor shall attempt to reflect the minority groups found in the state's general populace.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 14.004, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.002. Term of Office

Sec. 2022.002.  TERM OF OFFICE. (a)  Appointed commission members hold office for staggered terms of six years with the terms of two or three members expiring February 1 of each odd-numbered year.
(b)  An ex officio member holds office on the commission for the time the member holds the member's other office.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.003. Financial Statement Required

Sec. 2022.003.  FINANCIAL STATEMENT REQUIRED. (a)  Each appointed commission member and the executive director is an "appointed officer of a major state agency" for purposes of Chapter 572, Government Code.
(b)  An appointed commission member shall file a detailed financial statement with the secretary of state of the type required by the Texas Department of Banking in the application for a state bank charter.  The financial statement is public information under Chapter 552, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.004. Restrictions on Commission Appointment, Membership, and Employment

Sec. 2022.004.   RESTRICTIONS ON COMMISSION APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a commission member and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of horse or greyhound racing or breeding; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of horse or greyhound racing or breeding.
(c)  A person may not be a commission member or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(d)  An appointed member is not eligible to serve on the commission unless that member has been a resident of this state for at least 10 consecutive years immediately before appointment.
(e)  A person is not eligible for appointment as a commission member if:
(1)  the person or the person's spouse:
(A)  is licensed by the commission, except as a commissioner;
(B)  is employed by the commission or participates in the management of a business entity or other organization regulated by the commission or receiving funds from or through the commission;
(C)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from or through the commission; or
(D)  uses or receives a substantial amount of tangible goods, services, or funds from or through the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or
(2)  the person:
(A)  owns any financial interest in a racetrack or its operation or is related within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, to a person who owns any financial interest in a racetrack or its operation; or
(B)  has been convicted of a felony or of any crime involving moral turpitude.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 13 - Sports, Amusements, and Entertainment › Subtitle A-1 - Texas Racing Act › Chapter 2022 - Texas Racing Commission › Subchapter A. Composition and Operation › Section 2022.005. Grounds for Removal

Sec. 2022.005.   GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the commission if a member:
(1)  does not have at the time of appointment the qualifications required by Sections 2022.001, 2022.004, and 2022.057;
(2)  does not maintain during service on the commission the qualifications required by Sections 2022.001, 2022.004, and 2022.057;
(3)  violates a prohibition established by Section 2022.004;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 1.01, eff. April 1, 2019.