81R6776 GCB-D
By: Chavez H.B. No. 1308
A BILL TO BE ENTITLED
AN ACT
relating to certain gaming activity conducted by an Indian tribe or
tribal organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.09(a), Penal Code, is amended to read
as follows:
(a) It is a defense to prosecution under this chapter that
the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; or
(C) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes);
(2) consisted entirely of participation in gambling or
other gaming activity that:
(A) is or may be permitted under the Indian
Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 25 U.S.C.
Section 2701 et seq.), without regard to whether the gambling or
gaming activity is conducted by an Indian tribe to which that Act
applies; and
(B) is conducted:
(i) by an Indian tribe or tribal
organization that was included on the January 30, 1998, list of
recognized Indian tribes by the United States secretary of the
interior as required under 25 U.S.C. Section 479a-1; and
(ii) on premises designated by the tribe or
tribal organization for that gambling or other gaming activity on
land that was recognized as tribal land of that tribe or tribal
organization by the federal government on January 1, 1998;
(3) consisted entirely of participation in the state
lottery authorized by Chapter 466, Government Code; or
(4) [(3)] was a necessary incident to the operation of
the state lottery and was directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Lottery
Commission;
(C) the Texas Lottery Commission; or
(D) the director of the lottery division of the
Texas Lottery Commission.
SECTION 2. (a) The change in law made by Section 1 of this
Act applies only to an offense committed on or after the effective
date of this Act.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose. For the
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
SECTION 3. This Act takes effect September 1, 2009.