Bill: HJR 73, 84(R) - 2015

Committee

House Licensing & Administrative Procedures

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Neutral Neutral Neutral Neutral Neutral Neutral

Author(s)

Charlie Geren

Co-Author(s)

Rodney Anderson
Lyle Larson
Kenneth Sheets
Senfronia Thompson

Bill Caption

Proposing a constitutional amendment authorizing the legislature to permit professional sports team charitable foundations to conduct charitable raffles.

Fiscal Notes

No significant fiscal impact to the State or local governments is expected. However, the cost to the State for publication of the resolution is $118,681. 

Bill Analysis

This bill is has been substantively updated since we reported on it in its original chamber. An amendment would mandate that the charitable raffles be held at the professional sports teams home venue. While HJR 73 and its adjoining legislation HB 975 would not be as open as in our previous analysis, we remain in neutral of this legislation.

First chamber analysis below:


Currently, certain qualified organizations are allowed under Texas law to hold up to two charitable raffles per year. Qualified organizations are certain types of religious nonprofits, certain types of emergency and first responder entities, and nonprofits meeting several narrow qualifications and registered with the IRS under Section 501(c). Charitable organizations connected to professional sports teams are included as qualified organizations.

House Joint Resolution 73 and its enabling legislation, HB 975 would amend the Texas Constitution in order to allow professional sports team charitable foundations to organize more than only two charitable raffles per year. Under this legislation they would be able to hold one raffle per game played. These raffles would be conducted under the terms and conditions imposed by general law. Such foundations could also use part of the proceeds to pay for reasonable operational and administrative costs.

House Bill 975 is the enabling legislation.

Vote Recommendation Notes

HJR 73 and HB 975 would reduce the scope of government and favor individual liberty by giving more flexibility to these foundations to organize more charitable raffles to raise money and to offer part of the proceeds as a cash prize, hence possibly encouraging more people to participate and raising more funds for their charitable causes. This moves in the right direction of getting the government out of the business of regulating charitable raffles.

However, in broadening the raffle allowance for only one type of charity, this legislation excludes the other types of qualified organizations from receiving the same benefit and leaves them capped at only two raffles per year.

While we support the general aims of the bill we oppose the fact that it is designed to benefit only a narrow set of special interests and not all of the qualified organizations. Balancing these issues, we are neutral on the legislation.

We would support an amendment to broaden the scope of the bill to apply to all organizations qualified to run a raffle in Texas. Such an amendment could cap the total number of raffles for any organization to match the number allowed for whichever sports team plays the most games and thus is allowed the highest number of raffles under this legislation.

Source URL (retrieved on 04/19/2024 06:04 PM): http://reports.texasaction.com/bill/84r/hjr73?print_view=true