79R5859 YDB-D

By:  Chavez                                                       H.B. No. 2015



A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain sweepstakes and other prize 
promotions by businesses; creating a defense to prosecution for 
certain gambling offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 45.003, Business & Commerce Code, is 
amended by adding Subsection (p) to read as follows:
	(p)  This chapter does not apply to a business entity that 
conducts a sweepstakes or other prize promotion that limits 
participation to persons doing business with or making a purchase 
from the entity.
	SECTION 2.  Section 40.063, Business & Commerce Code, is 
amended to read as follows:
	Sec. 40.063.  LIMITATION ON REQUIREMENT OF PURCHASE.  (a) An 
offeror may not notify a person that the person has won a prize, 
will receive a prize, or has a chance to win or receive a prize, a 
condition of receipt of which requires the person to purchase a good 
or service unrelated to the prize.
	(b)  This section does not apply to a sweepstakes or other 
prize promotion conducted by a business entity that limits 
participation to persons doing business with or making a purchase 
from the entity.
	SECTION 3.  Section 47.09, Penal Code, is amended by adding 
Subsection (c) to read as follows:
	(c)  It is a defense to prosecution under this chapter that 
the gaming activity in which the person participated was a 
sweepstakes or other prize promotion activity conducted by a 
business entity in which only persons doing business with or making 
a purchase from the entity had an opportunity to win or receive a 
prize or other thing of value awarded by chance.
	SECTION 4.  This Act takes effect on the date the 
constitutional amendment proposed by the 79th Legislature, Regular 
Session, 2005, authorizing certain business entities to conduct 
sweepstakes or other prize promotions for customers becomes 
effective.  If that constitutional amendment is not approved by the 
voters, this Act has no effect.