By: Geren (Senate Sponsor - Nelson) H.B. No. 3012
         (In the Senate - Received from the House May 5, 2021;
  May 10, 2021, read first time and referred to Committee on State
  Affairs; May 18, 2021, reported favorably by the following vote:  
  Yeas 7, Nays 2; May 18, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to charitable raffles conducted by the professional sports
  teams charitable foundations of organizations sanctioned by
  certain professional associations at rodeo venues.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2004.002, Occupations Code, is amended
  by amending Subdivision (2) and adding Subdivisions (5) and (6) to
  read as follows:
               (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; [or]
                     (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.
               (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.
         SECTION 2.  Section 2004.003, Occupations Code, is amended
  to read as follows:
         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.
         SECTION 3.  Section 2004.004(a), Occupations Code, is
  amended to read as follows:
         (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.
         SECTION 4.  This Act takes effect on December 1, 2021, but
  only if the constitutional amendment proposed by the 87th
  Legislature, Regular Session, 2021, authorizing the professional
  sports team charitable foundations of organizations sanctioned by
  the Professional Rodeo Cowboys Association or the Women's
  Professional Rodeo Association to conduct charitable raffles at
  rodeo venues is approved by the voters. If that amendment is not
  approved by the voters, this Act has no effect.
 
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