| 1 | 1 | | 81R6776 GCB-D |
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| 2 | 2 | | By: Chavez H.B. No. 1308 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain gaming activity conducted by an Indian tribe or |
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| 8 | 8 | | tribal organization. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 47.09(a), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (a) It is a defense to prosecution under this chapter that |
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| 13 | 13 | | the conduct: |
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| 14 | 14 | | (1) was authorized under: |
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| 15 | 15 | | (A) Chapter 2001, Occupations Code; |
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| 16 | 16 | | (B) Chapter 2002, Occupations Code; or |
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| 17 | 17 | | (C) the Texas Racing Act (Article 179e, Vernon's |
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| 18 | 18 | | Texas Civil Statutes); |
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| 19 | 19 | | (2) consisted entirely of participation in gambling or |
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| 20 | 20 | | other gaming activity that: |
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| 21 | 21 | | (A) is or may be permitted under the Indian |
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| 22 | 22 | | Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 25 U.S.C. |
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| 23 | 23 | | Section 2701 et seq.), without regard to whether the gambling or |
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| 24 | 24 | | gaming activity is conducted by an Indian tribe to which that Act |
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| 25 | 25 | | applies; and |
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| 26 | 26 | | (B) is conducted: |
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| 27 | 27 | | (i) by an Indian tribe or tribal |
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| 28 | 28 | | organization that was included on the January 30, 1998, list of |
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| 29 | 29 | | recognized Indian tribes by the United States secretary of the |
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| 30 | 30 | | interior as required under 25 U.S.C. Section 479a-1; and |
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| 31 | 31 | | (ii) on premises designated by the tribe or |
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| 32 | 32 | | tribal organization for that gambling or other gaming activity on |
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| 33 | 33 | | land that was recognized as tribal land of that tribe or tribal |
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| 34 | 34 | | organization by the federal government on January 1, 1998; |
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| 35 | 35 | | (3) consisted entirely of participation in the state |
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| 36 | 36 | | lottery authorized by Chapter 466, Government Code; or |
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| 37 | 37 | | (4) [(3)] was a necessary incident to the operation of |
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| 38 | 38 | | the state lottery and was directly or indirectly authorized by: |
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| 39 | 39 | | (A) Chapter 466, Government Code; |
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| 40 | 40 | | (B) the lottery division of the Texas Lottery |
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| 41 | 41 | | Commission; |
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| 42 | 42 | | (C) the Texas Lottery Commission; or |
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| 43 | 43 | | (D) the director of the lottery division of the |
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| 44 | 44 | | Texas Lottery Commission. |
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| 45 | 45 | | SECTION 2. (a) The change in law made by Section 1 of this |
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| 46 | 46 | | Act applies only to an offense committed on or after the effective |
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| 47 | 47 | | date of this Act. |
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| 48 | 48 | | (b) An offense committed before the effective date of this |
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| 49 | 49 | | Act is covered by the law in effect when the offense was committed, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. For the |
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| 51 | 51 | | purposes of this section, an offense is committed before the |
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| 52 | 52 | | effective date of this Act if any element of the offense occurs |
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| 53 | 53 | | before that date. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2009. |
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