C.S.H.B. 1813 78(R)    BILL ANALYSIS

C.S.H.B. 1813
By: McReynolds
Licensing & Administrative Procedures
Committee Report (Substituted)


Under current law in order to conduct a raffle, an organization must be
qualified as nonprofit  and abide by specified restrictions on sales.  The
Occupations Code, which governs raffles, neglects to require authorized
organizations to set a date to conduct the raffle and award the prize or

CSHB 1813 requires that raffles be conducted on a date certain that is
printed on the tickets.  If the qualified organization is unable to award
a prize or prizes on the printed date, it is given an additional 30 days
in which to choose the winning ticket(s) and award the prize(s).  After
the 30 day extension, the organization must refund or offer to refund the
amount paid by each person who purchased a ticket. 


It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or


The substitute amends Section 2002.052.  Time and Frequency Restrictions.
Amends by adding Subsections (d), (e), and (f); which requires the
organization to set a date for the raffle, a 30 day time limit if a
drawing does not occur on the specified date, and a refunding provision if
the raffle does not take place. 

Amends Section 2002.055 by adding Subsection (5) that requires the raffle
date to be printed on the raffle tickets. 


September 1, 2003. The Act applies beginning with a raffle for which
tickets are initially sold or offered for sale on or after the above date.
A raffle for which tickets are sold before the effective date of this Act
is covered by the law in effect at that time, and the former law is
continued in effect for that purpose. 


CSHB 1813 modifies the original by changing the word "that" to "the" in
Section 2002.052(e), line 13 of the substitute. And by adding a comma to
Section 2001.052(f), line 17 of the substitute. The substitute is a
council drafted version while the original was not.