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> -----Original Message-----

> From: Texas Attorney General [mailto:[EMAIL PROTECTED]

> Sent: Tuesday, June 01, 2004 2:57 PM

>

> from Weekly AG Columns - June 2004

>

> -Charitable Raffles: Know the Law

> -Beware of Scholarship Scams [clipped]

> -Thanks, Dad [clipped]

> -Child Support Evader: Amy Dorow [clipped]

>

> -------------------------------------------

> Charitable Raffles: Know the Law

> By Greg Abbott

> Attorney General of Texas

>

> My office receives numerous calls from Texans across the state who are

> hoping to raise money for a good cause. Many Texans decide they want

> to do a raffle. But is it legal to raise funds with a raffle?

>

> It depends. The Charitable Raffle Enabling Act which has been in

> effect since September 1, 1999, establishes the guidelines for conducting

a legal raffle in the State of Texas. The Act was established to provide

certain charitable and non-profit membership organizations a means to

generate income to support their causes.

>

> The Act defines the types of organizations that can hold raffles. In

> general a qualified organization is defined as:

> An association organized primarily for religious purposes that has been in

existence in Texas for at least ten years.

> A voluntary emergency medical service that does not pay its members other

than nominal compensation.

> A volunteer fire department that operates fire fighting equipment and does

not pay it members other than nominal compensation.

>

> Other organizations may qualify. You can hold a raffle if your

> non-profit organization:

> -is at least three years old;

> -elects its governing body;

> -has a 501(c) tax exemption;

> -has members;

> -does not distribute income to its members; and

> -does not participate in any political campaign.

>

> These are the ONLY organizations allowed to hold raffles in Texas. Any

> other type of organization, business or individual conducting a raffle

> in Texas would be doing so illegally. The law also regulates what

> types of prizes may be offered. Qualified organizations may offer any

> prize except money. There is no value limit on prizes donated to the

> organization. However, if raffle organizers offer a prize they have

> bought or given other consideration for, the value of the prize may

> not exceed $50,000.

>

> There are a few other restrictions. For example, a qualified

> organization may only hold two raffles per year. Raffle tickets may

> not be advertised state wide or through paid advertisements. Each

> ticket must provide the name and address of the organization holding

> the raffle or the address of an officer of the organization. Tickets

> may only be sold by members of the organization. Additionally, the

> ticket must include the price of the ticket and a general description

> of each prize that has a value of more than $10.

>

> A raffle that violates the Charitable Raffle Enabling Act is

> considered illegal gambling under the Texas Penal Code. Conducting an

illegal raffle is a Class A misdemeanor and participation is a Class C

misdemeanor.

>

> My office would not be permitted to advise you about whether your

> particular organization, or any particular proposed raffle, would be

legal. We can only provide these general guidelines. If you have doubts

about the legality of a raffle, consult a private attorney.

>

> For information on conducting a legal raffle in Texas, read Chapter

> 2002, Charitable Raffles, Occupations Code, Texas Codes Annotated. We

> also offer an online brochure on charitable raffles that can be found

> on our Web site at www.oag.state.tx.us.

>

> -------------------

> POINTS TO REMEMBER - CHARITABLE RAFFLES

>

> Registration and Taxation requirements for nonprofit organizations in

> Texas:

> Secretary of State, PO Box 12697, Austin, TX 78711 >

> (800) 648-9642

> www.sos.state.tx.us

> Comptroller of Public Accounts, PO Box 13528, Austin, TX 78711

> (800) 463-4600

> www.cpa.state.tx.us

>

> For a copy of the Charitable Raffle Enabling Act:

> Texas Legislature Online: www.capitol.state.tx.us

> State Law Library

> (512) 463-2178

>

> Online brochure:

> Charitable Raffles: www.oag.state.tx.us

> or call for a free copy: 800 252-8011

>

> Information on this and other topics is available on the Attorney

> General's Web site at www.oag.state.tx.us.

> ------------------------------------------

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