CHAPTER 2002. CHARITABLE RAFFLES

OCCUPATIONS CODE

TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT

SUBTITLE A. GAMING

CHAPTER 2002. CHARITABLE RAFFLES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2002.001. SHORT TITLE. This chapter may be cited as the

Charitable Raffle Enabling Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2002.002. DEFINITIONS. In this chapter:

(1) "Charitable purposes" means:

(A) benefitting needy or deserving persons in this state,

indefinite in number, by:

(i) enhancing their opportunities for religious or educational

advancement;

(ii) relieving them from disease, suffering, or distress;

(iii) contributing to their physical well-being;

(iv) assisting them in establishing themselves in life as worthy

and useful citizens; or

(v) increasing their comprehension of and devotion to the

principles on which this nation was founded and enhancing their

loyalty to their government;

(B) initiating, performing, or fostering worthy public works in

this state; or

(C) enabling or furthering the erection or maintenance of public

structures in this state.

(1-a) "Money" means coins, paper currency, or a negotiable

instrument that represents and is readily convertible to coins or

paper currency.

(2) "Qualified organization" means a qualified religious

society, qualified volunteer fire department, qualified volunteer

emergency medical service, or qualified nonprofit organization.

(3) "Qualified religious society" means a church, synagogue, or

other organization or association organized primarily for

religious purposes that:

(A) has been in existence in this state for at least 10 years;

and

(B) does not distribute any of its income to its members,

officers, or governing body, other than as reasonable

compensation for services or for reimbursement of expenses.

(4) "Qualified volunteer emergency medical service" means an

association that:

(A) is organized primarily to provide and actively provides

emergency medical, rescue, or ambulance services;

(B) does not pay its members compensation other than nominal

compensation; and

(C) does not distribute any of its income to its members,

officers, or governing body other than for reimbursement of

expenses.

(5) "Qualified volunteer fire department" means an association

that:

(A) operates fire-fighting equipment;

(B) is organized primarily to provide and actively provides

fire-fighting services;

(C) does not pay its members compensation other than nominal

compensation; and

(D) does not distribute any of its income to its members,

officers, or governing body, other than for reimbursement of

expenses.

(6) "Raffle" means the award of one or more prizes by chance at

a single occasion among a single pool or group of persons who

have paid or promised a thing of value for a ticket that

represents a chance to win a prize.

(7) "Reverse raffle" means a raffle in which the last ticket or

tickets drawn are considered the winning tickets.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

929, Sec. 1, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch.

1006, Sec. 1, eff. September 1, 2005.

Sec. 2002.003. QUALIFIED NONPROFIT ORGANIZATION. (a) An

organization incorporated or holding a certificate of authority

under the Texas Non-Profit Corporation Act (Article 1396-1.01 et

seq., Vernon's Texas Civil Statutes) is a qualified nonprofit

organization for the purposes of this chapter if the

organization:

(1) does not distribute any of its income to its members,

officers, or governing body, other than as reasonable

compensation for services;

(2) has existed for the three preceding years;

(3) does not devote a substantial part of its activities to

attempting to influence legislation and does not participate or

intervene in any political campaign on behalf of any candidate

for public office in any manner, including by publishing or

distributing statements or making campaign contributions;

(4) qualifies for and has obtained an exemption from federal

income tax from the Internal Revenue Service under Section

501(c), Internal Revenue Code of 1986; and

(5) does not have or recognize any local chapter, affiliate,

unit, or subsidiary organization in this state.

(b) An organization that is formally recognized as and that

operates as a local chapter, affiliate, unit, or subsidiary

organization of a parent organization incorporated or holding a

certificate of authority under the Texas Non-Profit Corporation

Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) is

a qualified nonprofit organization if:

(1) neither the local organization nor the parent organization

distributes any of its income to its members, officers, or

governing body, other than as reasonable compensation for

services;

(2) the local organization has existed for the three preceding

years and during those years has been formally recognized as a

local chapter, affiliate, unit, or subsidiary organization of the

parent organization;

(3) neither the local organization nor the parent organization:

(A) devotes a substantial part of its activities to attempting

to influence legislation; or

(B) participates or intervenes in any political campaign on

behalf of any candidate for public office in any manner,

including by publishing or distributing statements or making

campaign contributions; and

(4) either the local organization or the parent organization

qualifies for and has obtained an exemption from federal income

tax from the Internal Revenue Service under Section 501(c),

Internal Revenue Code of 1986.

(b-1) An organization that is formally recognized as and that

operates as a local chapter, affiliate, unit, or subordinate

lodge of a grand lodge or other institution or order incorporated

under Title 32, Revised Statutes, as authorized by Article 1399,

Revised Statutes, is a qualified nonprofit organization if:

(1) neither the local organization nor the incorporated grand

lodge or other institution or order distributes any of its income

to its members, officers, or governing body, other than as

reasonable compensation for services;

(2) the local organization has existed for the three preceding

years and during those years:

(A) has had a governing body or officers elected by a vote of

its members or by a vote of delegates elected by its members; or

(B) has been formally recognized as a local chapter, affiliate,

unit, or subordinate lodge of the grand lodge or other

institution or order;

(3) neither the local organization nor the incorporated grand

lodge or other institution or order:

(A) devotes a substantial part of its activities to attempting

to influence legislation; or

(B) participates or intervenes in any political campaign on

behalf of any candidate for public office in any manner,

including by publishing or distributing statements or making

campaign contributions; and

(4) either the local organization or the incorporated grand

lodge or other institution or order qualifies for and has

obtained an exemption from federal income tax from the Internal

Revenue Service under Section 501(c), Internal Revenue Code of

1986, or other applicable provision.

(c) An unincorporated organization, association, or society is a

qualified nonprofit organization if it:

(1) does not distribute any of its income to its members,

officers, or governing body, other than as reasonable

compensation for services;

(2) for the three preceding years has been affiliated with a

state or national organization organized to perform the same

purposes as the unincorporated organization, association, or

society;

(3) does not devote a substantial part of its activities to

attempting to influence legislation and does not participate or

intervene in any political campaign on behalf of any candidate

for public office in any manner, including by publishing or

distributing statements or making campaign contributions; and

(4) qualifies for and has obtained an exemption from federal

income tax from the Internal Revenue Service under Section

501(c), Internal Revenue Code of 1986.

(d) An organization, association, or society is considered to

devote a substantial part of its activities to attempting to

influence legislation for purposes of this section if, in any

12-month period in the preceding three years, more than 10

percent of the organization's expenditures were made to influence

legislation.

(e) A nonprofit wildlife conservation association and its local

chapters, affiliates, wildlife cooperatives, or units are

qualified nonprofit organizations under this chapter if the

parent association meets the eligibility criteria under this

section other than the requirement prescribed by Subsection

(a)(3), (b)(3), (b-1)(3), or (c)(3), as applicable. An

association or a local chapter, affiliate, wildlife cooperative,

or unit that is eligible under this subsection may not use any

proceeds from a raffle conducted under this chapter to attempt to

influence legislation or participate or intervene in a political

campaign on behalf of a candidate for public office in any

manner, including by publishing or distributing a statement or

making a campaign contribution. A nonprofit wildlife

conservation association may conduct two raffles each year and

each local chapter, affiliate, wildlife cooperative, or unit may

conduct two raffles each year under this chapter. For purposes

of this section, a nonprofit wildlife conservation association

includes an association that supports wildlife, fish, or fowl.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

34, Sec. 1, eff. May 9, 2005.

Acts 2005, 79th Leg., Ch.

929, Sec. 2, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch.

936, Sec. 1, eff. June 19, 2009.

Sec. 2002.004. IMPUTED ACTIONS OF ORGANIZATION. For purposes of

this chapter, an organization performs an act if a member,

officer, or agent of the organization performs the act with the

consent or authorization of the organization.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. OPERATION OF RAFFLE

Sec. 2002.051. RAFFLE AUTHORIZED. A qualified organization may

conduct a raffle subject to the conditions imposed by this

subchapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2002.052. TIME AND FREQUENCY RESTRICTIONS. (a) In this

section, "calendar year" means a period beginning January 1 and

ending on the succeeding December 31.

(b) A raffle is not authorized by this chapter if the

organization sells or offers to sell tickets for or awards prizes

in the raffle in a calendar year in which the organization has

previously sold or offered to sell tickets for or awarded prizes

in two or more other raffles.

(c) The organization may not sell or offer to sell tickets for a

raffle during a period in which the organization sells or offers

to sell tickets for another raffle. If an organization violates

this subsection, neither of the raffles is authorized.

(d) Before selling or offering to sell tickets for a raffle, a

qualified organization shall set a date on which the organization

will award the prize or prizes in a raffle. The organization must

award the prize or prizes on that date unless the organization

becomes unable to award the prize or prizes on that date.

(e) A qualified organization that is unable to award a prize or

prizes on the date set under Subsection (d) may set another date

not later than 30 days from the date originally set on which the

organization will award the prize or prizes.

(f) If the prize or prizes are not awarded within the 30 days as

required by Subsection (e), the organization must refund or offer

to refund the amount paid by each person who purchased a ticket

for the raffle.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 597, Sec. 1, eff. Sept. 1,

2003.

Sec. 2002.053. USE OF RAFFLE PROCEEDS. All proceeds from the

sale of tickets for a raffle must be spent for the charitable

purposes of the qualified organization.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

929, Sec. 3, eff. June 18, 2005.

Sec. 2002.054. RESTRICTIONS ON RAFFLE PROMOTION AND TICKET

SALES. (a) The organization may not:

(1) directly or indirectly, by the use of paid advertising,

promote a raffle through a medium of mass communication,

including television, radio, or newspaper;

(2) promote or advertise a raffle statewide; or

(3) sell or offer to sell tickets for a raffle statewide.

(b) The organization may not compensate a person directly or

indirectly for organizing or conducting a raffle or for selling

or offering to sell tickets to a raffle.

(c) Except as provided by Section 2002.0541, the organization

may not permit a person who is not authorized by the organization

to sell or offer to sell raffle tickets.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

929, Sec. 4, eff. June 18, 2005.

Acts 2005, 79th Leg., Ch.

1006, Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 12.003, eff. September 1, 2007.

Sec. 2002.0541. REVERSE RAFFLE. (a) A qualified organization

may conduct a reverse raffle as provided by this section.

(b) Notwithstanding Section 2002.056(a), a refund of the

purchase price of a ticket may be awarded as a raffle prize in a

reverse raffle.

(c) Notwithstanding Section 2002.055(3), after the drawing of

tickets in a reverse raffle has begun, the qualified organization

conducting the raffle may auction off additional tickets to

persons who are present at the drawing for a price other than the

price printed on the ticket.

(d) After the drawing of tickets in a reverse raffle has begun,

the qualified organization may permit a ticket holder present at

the drawing to resell the ticket to another person present at the

drawing for an amount greater than the original purchase price of

the ticket. The sale must be made through a designated

representative of the organization, and not less than 10 percent

of the sale proceeds must be retained by the organization.

(e) Notwithstanding Section 2002.055(3), after the drawing of

tickets in a reverse raffle has begun, the qualified organization

may permit the holder of a previously drawn ticket:

(1) to purchase additional chances for the ticket to be selected

to win a prize; or

(2) to purchase additional tickets for the raffle.

(f) Only the portion of the proceeds from the resale of a ticket

under Subsection (d) retained by the organization are subject to

Section 2002.053. All proceeds from the sale of additional

chances for a ticket under Subsection (e) are considered to be

proceeds from the sale of the ticket for purposes of Section

2002.053.

Added by Acts 2005, 79th Leg., Ch.

1006, Sec. 3, eff. September 1, 2005.

Sec. 2002.055. TICKET DISCLOSURES. The following information

must be printed on each raffle ticket sold or offered for sale:

(1) the name of the organization conducting the raffle;

(2) the address of the organization or of a named officer of the

organization;

(3) the ticket price;

(4) a general description of each prize having a value of more

than $10 to be awarded in the raffle; and

(5) the date on which the raffle prize or prizes will be

awarded.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 597, Sec. 2, eff. Sept. 1,

2003.

Sec. 2002.056. RESTRICTIONS ON PRIZES. (a) A prize offered or

awarded at a raffle may not be money.

(b) Except as provided by Subsections (b-1) and (c), the value

of a prize offered or awarded at a raffle that is purchased by

the organization or for which the organization provides any

consideration may not exceed $50,000.

(b-1) The value of a residential dwelling offered or awarded as

a prize at a raffle that is purchased by the organization or for

which the organization provides any consideration may not exceed

$250,000.

(c) A raffle prize may consist of one or more tickets in the

state lottery authorized by Chapter 466, Government Code, with a

face value of $50,000 or less, without regard to whether a prize

in the lottery game to which the ticket or tickets relate exceeds

$50,000.

(d) A raffle is not authorized by this chapter unless the

organization:

(1) has the prize to be offered in the raffle in its possession

or ownership; or

(2) posts bond with the county clerk of the county in which the

raffle is to be held for the full amount of the money value of

the prize.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

929, Sec. 5, eff. June 18, 2005.

Sec. 2002.057. TICKET SALE ON UNIVERSITY PROPERTY. An

institution of higher education, as defined by Section 61.003,

Education Code, shall allow a qualified organization that is a

student organization recognized by the institution to sell raffle

tickets at any facility of the institution, subject to reasonable

restrictions on the time, place, and manner of the sale.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 2002.058. INJUNCTIVE ACTION AGAINST UNAUTHORIZED RAFFLE.

(a) A county attorney, district attorney, criminal district

attorney, or the attorney general may bring an action in county

or district court for a permanent or temporary injunction or a

temporary restraining order prohibiting conduct involving a

raffle or similar procedure that:

(1) violates or threatens to violate state law relating to

gambling; and

(2) is not authorized by this chapter or other law.

(b) Venue for an action under this section is in the county in

which the conduct occurs or in which a defendant in the action

resides.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.