Amend HB 2530, engrossed printing, as follows: (1) On page 1, between lines 18 and 19 insert the following: (4) "Direct marketing" means using the United States mail, facsimiles, electronic mail, or other methods for mass distribution to individuals. (5) "Conducting" a sweepstakes means distributing any material that promotes a sweepstakes, that describes the prize or prizes, that states one or more of the sweepstakes rules, that includes any current or future opportunity to enter the sweepstakes, or that provides any method for the recipient of the material to obtain additional information about the sweepstakes. (6) "Magazines" and "newpapers" mean publications that (i) Sell advertising space to companies other than the publisher, its affiliates and the vendors for any of them, and (ii) more than 75% of the total number of copies distributed of each issue go to paid subscribers. (7) "Catalogues" means promotional booklets listing merchandise for sale that either (i) require customers to go to a physical location to purchase the advertised items, or (ii) are published by a company that derives more than 65% of its total gross revenue from sales occurring at physical locations. (2) On page 1, line 19 through line 21, strike "offering a sweepstakes primarily through the mail, exclusive of mailed newspapers and magazines," and substitute "conducting a sweepstakes through direct marketing". (3) On page 2, line 27 through page 3, line 9, strike proposed sections 43.002(a)(6) and 43.002(a)(7) and substitute the following and renumber subsequent subdivisions appropriately: (6) offer through direct marketing any non-sweepstakes prize, gift, premium, giveaway, skill contest, coupon, rebate, or other incentive or promotion of any kind, other than a competitive price on goods or services, during the 12 month period immediately following the last date on which the person conducted a sweepstakes through direct marketing; (4) On page 5, line 6 through line 10, strike proposed section 43.003 and substitute the following: Sec. 43.003. APPLICATION OF CHAPTER; ACTS NOT PROHIBITED (a) This chapter does not apply to any sweepstakes that is conducted through advertisements or inserts in magazines, newspapers or catalogues sent through the mail. (b) This chapter does not apply to any charitable raffle regulated by chapter 2002 of the Texas Occupations Code. (c) This chapter does not apply to any sweepstakes regulated by the Alcoholic Beverage Code. (d) This chapter does not apply to any company that is an air carrier subject to Title 49 of the United States Code. (e) This chapter does not apply to a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (f) If the one and only use of mail, facsimile, or electronic mail is for consumers to return their entry forms to the sponsor of the contest, then this chapter does not apply to that sweepstakes. (g) This chapter does not prohibit a sweepstakes sponsor from making a statement in the official rules of the sweepstakes describing the method to be used in choosing a winner, and this chapter does not prohibit a sweepstakes sponsor from notifying the winner after she or he has been selected. (h) This chapter does not prohibit a sweepstakes sponsor, after determining the winner, from obtaining an affidavit from the person selected to verify that she or he is eligible to win the prize and has complied with the rules of the sweepstakes. (i) This chapter never prohibits any person from offering a non-sweepstakes prize, gift, premium, giveaway, skill contest, coupon, rebate, or other incentive or promotion of any kind so long as that non-sweepstakes incentive or promotion is not conducted through direct marketing. (j) This chapter does not apply to a sweepstakes if the most valuable prize to be awarded is less than $20,000.00. The value of a prize is measured by the highest number among its face value, its fair market value and its financial present value. (5) On page 5, line 27 through page 6, line 9, strike proposed section 43.004(d) and substitute as follows: (d) If any person either (i) provides names, addresses, fax numbers or electronic mail addresses of any residents of this state so that such information can be used in conducting a sweepstakes in violation of this chapter, or (ii) provides any service connected with mailing, sending by facsimile, electronic mail, or other similar mass distribution any materials connected with a sweepstakes that violates this chapter, and if such person knew or should have known that the sweepstakes was in violation of this chapter, then each such person is jointly and severally liable for that portion of the cumulative civil penalties that resulted from their conduct.