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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct of charitable poker runs by certain |
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nonprofit organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 13, Occupations Code, is |
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amended by adding Chapter 2004 to read as follows: |
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CHAPTER 2004. CHARITABLE POKER RUNS |
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Sec. 2004.001. DEFINITIONS. In this chapter: |
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(1) "Charitable poker run" means an organized event in |
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which a person participates in a poker run operated or conducted by |
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a nonprofit organization that retains the net proceeds of the event |
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for a charitable purpose. |
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(2) "Charitable purpose" means a purpose described by |
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Section 2004.004. |
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(3) "Entrance fee" means the amount a qualified |
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nonprofit organization charges a person to participate in a poker |
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run. |
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(4) "Poker run" means an organized event in which: |
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(A) each participant travels a predesigned route |
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by motorcycle, boat, car, or other form of transportation, stops at |
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designated locations, and draws a playing card; |
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(B) at the end of the route, each participant |
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attempts to make the highest poker hand possible using the cards |
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received at the designated locations; |
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(C) the participant holding the highest poker |
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hand is entitled to a prize; and |
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(D) the entrance fee for the event funds the |
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operation of the event, including the award of a prize. |
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(5) "Qualified nonprofit organization" means an |
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unincorporated association or a nonprofit corporation formed under |
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the Texas Nonprofit Corporation Law, as described by Section 1.008, |
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Business Organizations Code, that: |
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(A) does not distribute any of its income to its |
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members, officers, or governing body, other than as reasonable |
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compensation for services; and |
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(B) has tax-exempt status under Section |
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501(c)(3), Internal Revenue Code of 1986. |
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Sec. 2004.002. CHARITABLE POKER RUN AUTHORIZED. A |
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qualified nonprofit organization may conduct a charitable poker run |
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in accordance with this chapter. |
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Sec. 2004.003. CONDUCT OF POKER RUN. A charitable poker run |
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shall be conducted, promoted, and administered exclusively by |
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members of a qualified nonprofit organization. |
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Sec. 2004.004. USE OF PROCEEDS. (a) Except as provided by |
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Subsection (b), all proceeds from the entrance fees must be used for |
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the charitable purposes of the qualified nonprofit organization. |
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(b) A qualified nonprofit organization conducting a |
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charitable poker run may use a portion of the proceeds from the |
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entrance fees to provide prizes, including cash prizes, to winners |
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of the poker run. |
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(c) For purposes of this section, a qualified nonprofit |
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organization is considered to use the proceeds from the entrance |
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fees for the organization's charitable purposes if not later than |
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the 10th day after the poker run is completed the organization |
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donates the proceeds to another qualified nonprofit organization |
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that agrees to use the proceeds exclusively for the charitable |
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purposes of the other organization. |
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(d) An organization to which proceeds are donated as |
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described by Subsection (c) must: |
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(1) use the proceeds for the charitable purposes of |
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the organization not later than the second anniversary of the date |
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the organization receives the proceeds; and |
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(2) maintain a record of the receipt of the proceeds |
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and of the charitable purposes for which the proceeds are used for |
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not less than four years after the date on which the organization |
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receives the proceeds. |
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Sec. 2004.005. REQUIREMENTS FOR CHARITABLE POKER RUN. A |
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charitable poker run held under this chapter must: |
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(1) require a participant to pay an entrance fee; |
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(2) require each participant to travel to at least |
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five different locations along a prescribed course; |
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(3) require each participant to collect a playing card |
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drawn at random at each location or collect not fewer than five |
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playing cards after visiting all the locations on the course; and |
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(4) determine the game winners by ranking the poker |
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hands formed by each participant's playing cards according to the |
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rules commonly used to rank poker hands or similar rules specified |
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by the organization conducting the poker run. |
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SECTION 2. Section 47.02(c), Penal Code, is amended to read |
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as follows: |
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(c) It is a defense to prosecution under this section that |
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the actor reasonably believed that the conduct: |
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(1) was permitted under Chapter 2001, Occupations |
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Code; |
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(2) was permitted under Chapter 2002, Occupations |
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Code; |
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(3) consisted entirely of participation in the state |
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lottery authorized by the State Lottery Act (Chapter 466, |
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Government Code); |
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(4) was permitted under the Texas Racing Act (Article |
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179e, Vernon's Texas Civil Statutes); [or] |
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(5) consisted entirely of participation in a drawing |
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for the opportunity to participate in a hunting, fishing, or other |
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recreational event conducted by the Parks and Wildlife Department; |
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or |
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(6) was permitted under Chapter 2004, Occupations |
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Code. |
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SECTION 3. Section 47.09(a), Penal Code, is amended to read |
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as follows: |
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(a) It is a defense to prosecution under this chapter that |
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the conduct: |
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(1) was authorized under: |
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(A) Chapter 2001, Occupations Code; |
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(B) Chapter 2002, Occupations Code; [or] |
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(C) the Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes); or |
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(D) Chapter 2004, Occupations Code; |
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(2) consisted entirely of participation in the state |
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lottery authorized by Chapter 466, Government Code; or |
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(3) was a necessary incident to the operation of the |
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state lottery and was directly or indirectly authorized by: |
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(A) Chapter 466, Government Code; |
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(B) the lottery division of the Texas Lottery |
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Commission; |
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(C) the Texas Lottery Commission; or |
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(D) the director of the lottery division of the |
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Texas Lottery Commission. |
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SECTION 4. (a) The changes in law made by this Act to |
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Sections 47.02(c) and 47.09(a), Penal Code, do not apply to an |
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offense committed before the effective date of this Act. For |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law as it existed on the date on which the |
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offense was committed, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |