73R7375 ESH-D
          By Junell                                              H.B. No. 581
          Substitute the following for H.B. No. 581:
          By Kubiak                                          C.S.H.B. No. 581
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the conduct of calcutta games by certain charitable
    1-3  organizations.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 6, Revised Statutes, is amended by adding
    1-6  Article 179h to read as follows:
    1-7        Art. 179h.  CHARITABLE CALCUTTA GAMES
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Calcutta game" means a game or activity in which:
   1-10                    (A)  a player selects a competitor and makes a
   1-11  wager into a pool; and
   1-12                    (B)  the pool is distributed based on the result
   1-13  of the competition to:
   1-14                          (i)  the sponsor, the players who selected
   1-15  winning competitors, and the winning competitors; or
   1-16                          (ii)  the sponsor and the players who
   1-17  selected winning competitors.
   1-18              (2)  "Charitable purposes" means:
   1-19                    (A)  benefiting needy or deserving persons in
   1-20  this state, indefinite in number, by enhancing their opportunity
   1-21  for religious or educational advancement, relieving them from
   1-22  disease, suffering, or distress, contributing to their physical
   1-23  well-being, assisting them in establishing themselves in life as
   1-24  worthy and useful citizens, or increasing their comprehension of
    2-1  and devotion to the principles on which this nation was founded and
    2-2  enhancing their loyalty to their government; or
    2-3                    (B)  initiating, performing, or fostering worthy
    2-4  public works in this state or enabling or furthering the erection
    2-5  or maintenance of public structures in this state.
    2-6              (3)  "Competition" means a sporting contest, including
    2-7  a rodeo activity, in which there are one or more winners.  The term
    2-8  does not include a horse race or greyhound race conducted under the
    2-9  Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) and
   2-10  its subsequent amendments.
   2-11              (4)  "Competitor" means an individual who takes part in
   2-12  a competition.
   2-13              (5)  "Player" means a person who makes a wager.
   2-14              (6)  "Pool" means the total amount of wagers received
   2-15  by a sponsor.
   2-16              (7)  "Qualified nonprofit organization" means an
   2-17  organization described by Section 3 of this article.
   2-18              (8)  "Qualified organization" means a qualified
   2-19  religious society, qualified volunteer fire department, qualified
   2-20  volunteer emergency medical service, or qualified nonprofit
   2-21  organization.
   2-22              (9)  "Qualified religious society" means a church,
   2-23  synagogue, or other organization or association that is organized
   2-24  primarily for religious purposes and that:
   2-25                    (A)  has been in existence in this state for at
   2-26  least 10 years; and
   2-27                    (B)  does not distribute any of its income to its
    3-1  members, officers, or governing body other than as reasonable
    3-2  compensation for services or reimbursement of expenses.
    3-3              (10)  "Qualified volunteer emergency medical service"
    3-4  means an association that:
    3-5                    (A)  is organized primarily to provide and
    3-6  actively provides emergency medical, rescue, or ambulance services;
    3-7                    (B)  does not pay its members compensation other
    3-8  than nominal compensation; and
    3-9                    (C)  does not distribute any of its income to its
   3-10  members, officers, or governing body other than for reimbursement
   3-11  of expenses.
   3-12              (11)  "Qualified volunteer fire department" means an
   3-13  association that:
   3-14                    (A)  operates fire-fighting equipment;
   3-15                    (B)  is organized primarily to provide and
   3-16  actively provides fire-fighting services;
   3-17                    (C)  does not pay its members compensation other
   3-18  than nominal compensation; and
   3-19                    (D)  does not distribute any of its income to its
   3-20  members, officers, or governing body other than for reimbursement
   3-21  of expenses.
   3-22              (12)  "Sponsor" means a qualified organization that
   3-23  conducts a calcutta game.
   3-24              (13)  "Wager" means a payment of or promise of a
   3-25  payment of money that entitles a player to participate in a
   3-26  calcutta game.
   3-27        Sec. 2.  CERTAIN CALCUTTA GAMES AUTHORIZED; RESTRICTIONS.
    4-1  (a)  A qualified organization may conduct a calcutta game as
    4-2  provided by this section.
    4-3        (b)  A calcutta game is not authorized by this section if the
    4-4  game is conducted in a calendar year in which the sponsor has
    4-5  previously conducted four calcutta games.
    4-6        (c)  A sponsor must retain at least 10 percent of each pool.
    4-7  The sponsor shall use its share of the pool for the charitable
    4-8  purposes of the organization.
    4-9        (d)  The following must be printed on each solicitation for a
   4-10  wager or receipt for a wager:
   4-11              (1)  the name of the sponsor and the address of the
   4-12  sponsor or the address of a named officer of the sponsor;
   4-13              (2)  a general description of the competition; and
   4-14              (3)  the percentages of the pool that:
   4-15                    (A)  the sponsor will retain;
   4-16                    (B)  the players will receive; and
   4-17                    (C)  the competitors will receive, if any.
   4-18        (e)  A sponsor may not compensate a person directly or
   4-19  indirectly for organizing or conducting a calcutta game or for
   4-20  soliciting or taking wagers.  A sponsor may not permit a person who
   4-21  is not a member of the sponsor's organization to solicit or take
   4-22  wagers.
   4-23        Sec. 3.  QUALIFIED NONPROFIT ORGANIZATION.  (a)  An
   4-24  organization that is incorporated or holds a certificate of
   4-25  authority under the Texas Non-Profit Corporation Act (Article
   4-26  1396-1.01 et seq., Vernon's Texas Civil Statutes) and its
   4-27  subsequent amendments is a qualified nonprofit organization if the
    5-1  organization:
    5-2              (1)  does not distribute any of its income to its
    5-3  members, officers, or governing body, other than as reasonable
    5-4  compensation for services;
    5-5              (2)  has existed for the three preceding years and
    5-6  during those years has had a governing body or officers elected by
    5-7  a vote of its members or by a vote of delegates elected by the
    5-8  members;
    5-9              (3)  does not devote a substantial part of its
   5-10  activities to attempting to influence legislation and does not,
   5-11  through publishing or distributing statements, making campaign
   5-12  contributions, or in any other manner, participate or intervene in
   5-13  any political campaign on behalf of any candidate for public
   5-14  office;
   5-15              (4)  qualifies for and has obtained an exemption from
   5-16  federal income tax from the Internal Revenue Service under Section
   5-17  501(c), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)),
   5-18  and its subsequent amendments; and
   5-19              (5)  does not have or recognize any local chapter,
   5-20  affiliate, unit, or subsidiary organization in this state.
   5-21        (b)  An organization that is formally recognized as and that
   5-22  operates as a local chapter, affiliate, unit, or subsidiary
   5-23  organization of a parent organization that is incorporated or holds
   5-24  a certificate of authority under the Texas Non-Profit Corporation
   5-25  Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) and
   5-26  its subsequent amendments is a qualified nonprofit organization if:
   5-27              (1)  neither the local organization nor the parent
    6-1  organization distributes any of its income to its members,
    6-2  officers, or governing body, other than as reasonable compensation
    6-3  for services;
    6-4              (2)  the local organization has existed for the three
    6-5  preceding years and during those years:
    6-6                    (A)  has had a governing body or officers elected
    6-7  by a vote of its members or by a vote of delegates elected by the
    6-8  members; or
    6-9                    (B)  has been formally recognized as a local
   6-10  chapter, affiliate, unit, or subsidiary organization of the parent
   6-11  organization;
   6-12              (3)  neither the local organization nor the parent
   6-13  organization devotes a substantial part of its activities to
   6-14  attempting to influence legislation and does not, through
   6-15  publishing or distributing statements, making campaign
   6-16  contributions, or in any other manner, participate or intervene in
   6-17  any political campaign on behalf of any candidate for public
   6-18  office; and
   6-19              (4)  either the local organization or the parent
   6-20  organization qualifies for and has obtained an exemption from
   6-21  federal income tax from the Internal Revenue Service under Section
   6-22  501(c), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)),
   6-23  and its subsequent amendments.
   6-24        (c)  An unincorporated organization, association, or society
   6-25  is a qualified nonprofit organization if it:
   6-26              (1)  does not distribute any of its income to its
   6-27  members, officers, or governing body, other than as reasonable
    7-1  compensation for services;
    7-2              (2)  for the three preceding years:
    7-3                    (A)  has had a governing body or officers elected
    7-4  by a vote of members or by a vote of delegates elected by the
    7-5  members; or
    7-6                    (B)  has been affiliated with a state or national
    7-7  organization organized to perform the same purposes;
    7-8              (3)  does not devote a substantial part of its
    7-9  activities to attempting to influence legislation and does not,
   7-10  through publishing or distributing statements, making campaign
   7-11  contributions, or in any other manner, participate or intervene in
   7-12  any political campaign on behalf of any candidate for public
   7-13  office; and
   7-14              (4)  qualifies for and has obtained an exemption from
   7-15  federal income tax from the Internal Revenue Service under Section
   7-16  501(c), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)),
   7-17  and its subsequent amendments.
   7-18        (d)  An organization is considered to devote a substantial
   7-19  part of its activities to attempting to influence legislation for
   7-20  purposes of this section if in any 12-month period in the preceding
   7-21  three years more than 10 percent of the expenditures of the
   7-22  organization were made to influence legislation.
   7-23        Sec. 4.  CERTAIN ACTS CONSIDERED ACTS OF ORGANIZATION.  For
   7-24  purposes of this article, an organization performs an act if a
   7-25  member, officer, or agent of the organization performs the act with
   7-26  the consent or authorization of the organization.
   7-27        Sec. 5.  INJUNCTION OF UNAUTHORIZED CALCUTTA GAME.  (a)  A
    8-1  county, district, or criminal district attorney or the attorney
    8-2  general may bring an action in county or district court for a
    8-3  permanent or temporary injunction or a temporary restraining order
    8-4  prohibiting conduct involving a calcutta game or similar procedure
    8-5  that violates or threatens to violate state law relating to
    8-6  gambling and that is not authorized by this article or other law.
    8-7        (b)  Venue for an action under this section is in the county
    8-8  in which the conduct occurs or in which a defendant in the action
    8-9  resides.
   8-10        SECTION 2.  Section 47.02(c), Penal Code, is amended to read
   8-11  as follows:
   8-12        (c)  It is a defense to prosecution under this section that
   8-13  the actor reasonably believed that the conduct:
   8-14              (1)  was permitted under the Bingo Enabling Act
   8-15  (Article 179d, Vernon's Texas Civil Statutes);
   8-16              (2)  was permitted under the Charitable Raffle Enabling
   8-17  Act (Article 179f, Revised Statutes); <or>
   8-18              (3)  consisted entirely of participation in the state
   8-19  lottery authorized by the State Lottery Act; or
   8-20              (4)  was permitted under Article 179h, Revised
   8-21  Statutes.
   8-22        SECTION 3.  Chapter 47, Penal Code, is amended by adding
   8-23  Section 47.15 to read as follows:
   8-24        Sec. 47.15.  CALCUTTA GAME.  It is a defense to prosecution
   8-25  for an offense under this chapter that the conduct was authorized
   8-26  under Article 179h, Revised Statutes.
   8-27        SECTION 4.  (a)  This Act takes effect September 1, 1993.
    9-1        (b)  The change in law made by this Act applies to a criminal
    9-2  action pending, on appeal, or commenced on or after the effective
    9-3  date of this Act, whether the action is for an offense committed
    9-4  before, on, or after the effective date.  The change in law made by
    9-5  this Act does not affect a final conviction that exists on the
    9-6  effective date of this Act.
    9-7        SECTION 5.  The importance of this legislation and the
    9-8  crowded condition of the calendars in both houses create an
    9-9  emergency   and   an   imperative   public   necessity   that   the
   9-10  constitutional rule requiring bills to be read on three several
   9-11  days in each house be suspended, and this rule is hereby suspended.