BILL ANALYSIS

 

 

Senate Research Center

H.B. 1759

 

By: Bucy (Alvarado)

 

State Affairs

 

5/2/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Professional sport team foundations/charities are some of the most philanthropic and giving arms within Texas. For decades, they have provided millions of dollars annually supporting schools, cities, parks and recreation, nonprofits, and military causes. 50/50 raffles were created in 2015 with close to universal support in the Texas House and Texas Senate, and affirmed overwhelmingly by Texas voters, with 70 percent voting in favor.

 

Currently, an individual can only buy a 50/50 raffle ticket in person during a game at a professional team venue. However, charitable foundations noted a major loss in donations due to the COVID-19 pandemic. Sports stadiums were at limited capacity and attendance was low even after they fully reopened.

 

H.B. 1759 would allow sports teams' foundations to conduct 50/50 raffles via interactive media platforms, including a website or mobile app provided by the team, so long as an individual is physically within the State of Texas at the time of the transaction. By allowing an online purchase option for the 50/50 raffles, these team charity foundations could recoup losses from diminished capacity and reduced donations stemming from the pandemic and even raise more funds to help Texans.

 

H.B. 1759 amends current law relating to ticket sales for charitable raffles conducted by the charitable foundations of certain professional sports teams.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 2004.004, Occupations Code, by adding Subsections (a-1), (a-2), and (a-3) and amending Subsection (d), as follows:

 

(a-1)� Authorizes raffle tickets for a charitable raffle conducted under Subsection (a) (relating to authorizing a professional spots team charitable foundation to 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) to be sold:

 

(1)� at the home 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)� Authorizes raffle tickets for a charitable raffle conducted under Subsection (a) to be sold only during the period beginning when the venue opens to attendees of the game or rodeo event and ending when the draw to determine the prize winners for the raffle concludes.

 

(a-3)� Authorizes raffle tickets sold under Subsection (a-1)(2) to be sold only to individuals physically located in this state at the time of the sale.

 

(d)� Provides that only persons 18 years of age or older are authorized to purchase raffle tickets in a charitable raffle conducted under Chapter 2004 (Professional Sports Team Charitable Foundation Raffles).� Requires a professional sports team charitable foundation that conducts a charitable raffle under Subsection (a) to contract with a third-party vendor to ensure only persons 18 years of age or older purchase tickets for the raffle.

 

SECTION 2. Effective date: upon passage or September 1, 2023.