Texas 2009 - 81st Regular

Texas House Bill HJR5 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9930 PMO-F
2	2	By: King of Zavala H.J.R. No. 5
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to authorize the Kickapoo
7	7	Traditional Tribe of Texas to conduct gaming by executing a gaming
8	8	agreement with this state.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 47(a), Article III, Texas Constitution,
11	11	is amended to read as follows:
12	12	(a) The Legislature shall pass laws prohibiting lotteries
13	13	and gift enterprises in this State other than those authorized by
14	14	Subsections (b), (d), and (e) of this section and Section 47a of
15	15	this article.
16	16	SECTION 2. Article III, Texas Constitution, is amended by
17	17	adding Section 47a to read as follows:
18	18	Sec. 47a. (a) The chairman of the federally recognized
19	19	Kickapoo Traditional Tribe of Texas may execute a gaming agreement
20	20	containing the terms set forth in Subsection (c) of this section on
21	21	receipt of a duly enacted resolution of the governing body of the
22	22	tribe authorizing the chairman to execute the agreement and on
23	23	provision of a copy of the resolution to the governor. The governor
24	24	or State is not required to take any further action before the
25	25	gaming agreement becomes effective. The executed gaming agreement
26	26	constitutes a gaming compact between the State and the Tribe for
27	27	purposes of the federal Indian Gaming Regulatory Act. The Tribe is
28	28	responsible for:
29	29	(1) providing a copy of the executed agreement to the
30	30	governor; and
31	31	(2) submitting a copy of the executed agreement to the
32	32	Secretary of the Interior for approval and publication in the
33	33	Federal Register.
34	34	(b) If, after January 1, 2009, video lottery terminals, slot
35	35	machines, or other forms of gaming are permitted within 200
36	36	nautical miles of the boundary of the Kickapoo Traditional Tribe's
37	37	reservation near Eagle Pass, Texas, the Tribe may offer an equal
38	38	number of games or devices at a location selected by the Tribe. The
39	39	location must be within 300 nautical miles of the boundary of the
40	40	Kickapoo Traditional Tribe's reservation but may not be within 30
41	41	nautical miles of a licensed racetrack in operation on the
42	42	effective date of the agreement executed under Subsection (a) of
43	43	this section. The gaming shall be regulated by the Tribe and the
44	44	Secretary of State. A regulation on gaming conducted by the Tribe
45	45	that is adopted by the Secretary of State may not be more
46	46	restrictive than a regulation applicable to other comparable gaming
47	47	licensed by the State of Texas.
48	48	(c) A gaming agreement executed under Subsection (a) of this
49	49	section must be in the form and contain the provisions as follows:
50	50	GAMING AGREEMENT BETWEEN THE KICKAPOO TRADITIONAL TRIBE OF TEXAS
51	51	AND THE STATE OF TEXAS
52	52	This Agreement is entered into between the Kickapoo
53	53	Traditional Tribe of Texas, a federally recognized Indian Tribe
54	54	("Tribe"), and the State of Texas ("State"), with respect to the
55	55	operation of covered games (as defined herein) on the Tribe's
56	56	Indian lands as defined by Section 4(4), Indian Gaming Regulatory
57	57	Act (25 U.S.C. Section 2703(4)).
58	58	PART I. TITLE
59	59	This document shall be referred to as "The Kickapoo
60	60	Traditional Tribe of Texas and State of Texas Gaming Agreement."
61	61	PART II. RECITALS
62	62	1. The Tribe is a federally recognized tribal government
63	63	with sovereign powers and rights of self-government. The Tribe is
64	64	the only tribe in the State with gaming rights under the federal
65	65	Indian Gaming Regulatory Act.
66	66	2. The State is a state of the United States possessing the
67	67	sovereign powers and rights of a state.
68	68	3. The State and the Tribe maintain a
69	69	government-to-government relationship, and this agreement will
70	70	foster mutual respect and understanding between Indians and
71	71	non-Indians.
72	72	4. The Tribe and the State jointly intend to protect the
73	73	integrity of gaming regulated under this agreement.
74	74	5. The gaming under this agreement will further the purposes
75	75	of the Indian Gaming Regulatory Act to promote tribal economic
76	76	development, self-sufficiency, and strong tribal government, and
77	77	will assist the Tribe in funding tribal programs that provide
78	78	needed services to the Tribe's members.
79	79	PART III. DEFINITIONS
80	80	In this compact:
81	81	A. "Class III gaming" means the forms of Class III
82	82	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
83	83	U.S.C. Section 2703(8)) and by the regulations of the National
84	84	Indian Gaming Commission.
85	85	B. "Commission" means the Kickapoo Traditional Tribe
86	86	of Texas Tribal Gaming Commission, which is the tribal governmental
87	87	agency that has the authority to carry out the Tribe's regulatory
88	88	and oversight responsibilities under this Compact.
89	89	C. "Compact" means this gaming agreement between the
90	90	Kickapoo Traditional Tribe of Texas and the State of Texas.
91	91	D. "Covered game" or "covered gaming activity" means
92	92	Class III gaming activities determined to be available to the Tribe
93	93	by the Department of the Interior, video lottery terminals, and any
94	94	game authorized by State law for any person after the effective date
95	95	of this compact.
96	96	E. "Covered game employee" or "covered employee" means
97	97	an individual employed and licensed by the Tribe whose
98	98	responsibilities include providing services related to the
99	99	operation, maintenance, or management of covered games. The term
100	100	includes:
101	101	1. managers and assistant managers;
102	102	2. accounting personnel;
103	103	3. commission officers;
104	104	4. surveillance and security personnel;
105	105	5. cashiers, supervisors, and floor personnel;
106	106	6. cage personnel; and
107	107	7. any other employee whose employment duties
108	108	require or authorize access to areas of a facility related to the
109	109	conduct of a covered game or the technical support or storage of a
110	110	covered game component.
111	111	"Covered game employee" or "covered employee" does not
112	112	include an elected official of the Tribe who is not directly
113	113	involved in the operation, maintenance, or management of a covered
114	114	game or covered game component.
115	115	F. "Document" means a book, a record, an electronic,
116	116	magnetic, or computer media document, or another writing or
117	117	material. The term includes a copy of any of those documents and
118	118	information contained in the document.
119	119	G. "Effective date" means the date on which the
120	120	compact becomes effective under Part XV.A. of this compact.
121	121	H. "Facility" or "facilities" means a building of the
122	122	Tribe in which a covered game authorized by this compact is
123	123	conducted on the Tribe's Indian lands as defined by the Indian
124	124	Gaming Regulatory Act. Subject to the terms of this compact, the
125	125	Tribe has the ultimate responsibility for ensuring that the
126	126	operation of each facility conforms to the requirements of this
127	127	compact.
128	128	I. "IGRA" means the Indian Gaming Regulatory Act (18
129	129	U.S.C. Section 1166 et seq. and 25 U.S.C. Section 2701 et seq.).
130	130	J. "Net win" means the total receipts from the play of
131	131	all covered games less all prize payouts and participation fees.
132	132	K. "Participation fee" means a payment made to a
133	133	supplier on a periodic basis by the Tribe for the right to lease or
134	134	otherwise offer for play a gaming device that the Tribe does not own
135	135	for a covered gaming activity. A participation fee may be a royalty
136	136	payment or lease payment. The Tribe did not hold an interest in a
137	137	company that supplies a gaming device on the date this compact was
138	138	executed. If the Tribe acquires an interest in a company that
139	139	supplies gaming devices, the Tribe must forgo a deduction of the
140	140	participation fee for the supplier in which the Tribe has acquired
141	141	an interest.
142	142	L. "Patron" means a person who is on the premises of a
143	143	facility or who is entering the Tribe's Indian lands for the purpose
144	144	of playing a covered game authorized by this compact.
145	145	M. "Rules and regulations" means rules and regulations
146	146	promulgated by the commission to implement this compact.
147	147	N. "State" means the State of Texas.
148	148	O. "State compliance agency" ("SCA") means the office
149	149	of the Secretary of State who has the authority to carry out the
150	150	State's oversight responsibilities under this compact or another
151	151	agency designated by the legislature for this purpose.
152	152	P. "Tribe" means the Kickapoo Traditional Tribe of
153	153	Texas.
154	154	Q. "Video lottery terminal" means an electronic game
155	155	of chance connected to a centralized computer system operated by
156	156	the Tribe.
157	157	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES
158	158	The Tribe and State agree that the Tribe is authorized to
159	159	operate covered games on the Tribe's Indian lands, as defined in the
160	160	IGRA, in accordance with the provisions of this compact.
161	161	PART V. RULES AND REGULATIONS; MINIMUM REQUIREMENTS
162	162	A. During the term of this compact, the Tribe is responsible
163	163	for all duties assigned to the Tribe and the commission under this
164	164	compact. The Tribe shall promulgate any rules and regulations
165	165	necessary to implement this compact. Nothing in this compact
166	166	affects the Tribe's right to amend the Tribe's rules and regulations
167	167	to be in conformity with this compact. The SCA may propose to the
168	168	commission additional rules and regulations consistent with the
169	169	implementation of this compact, and the commission shall in good
170	170	faith consider the proposal and notify the SCA of the Tribe's
171	171	response or action in regard to the proposal.
172	172	B. All facilities must comply with and all covered games
173	173	must be operated in accordance with this compact. All facilities
174	174	must be operated in strict compliance with tribal internal control
175	175	standards that must provide a level of control that equals or
176	176	exceeds the standards in the National Indian Gaming Commission's
177	177	Minimum Internal Control Standards (25 C.F.R. Part 542).
178	178	C. The Tribe agrees to maintain the following safeguards
179	179	against problem gambling:
180	180	1. The Tribe will provide a comprehensive training
181	181	program to all gaming employees.
182	182	2. The Tribe will make printed materials available to
183	183	patrons, which must include contact information for organizations
184	184	dedicated to assisting problem gamblers.
185	185	3. The commission shall establish a list of the
186	186	patrons voluntarily excluded from the Tribe's facilities under Part
187	187	V.C.5. of this compact.
188	188	4. The Tribe shall employ its best efforts to exclude
189	189	patrons on the list maintained under Part V.C.3. of this compact.
190	190	This compact does not create a cause of action against the State,
191	191	the Tribe, the commission, or any other person, entity, or agency
192	192	for failing to exclude a patron on the list established under Part
193	193	V.C.3. of this compact.
194	194	5. A patron who believes the patron may be playing a
195	195	covered game on a compulsive basis may request that the patron's
196	196	name be placed on the list of patrons voluntarily excluded from the
197	197	Tribe's facilities.
198	198	6. All covered game employees shall receive training
199	199	to identify a patron who may have a problem with compulsive gambling
200	200	and instruct the patron to leave. Signs bearing a toll-free help
201	201	line number and educational and informational materials must be
202	202	made available at conspicuous locations and ATMs in each facility,
203	203	which aim at the prevention of problem gaming and which specify
204	204	where patrons may receive counseling or assistance for gambling
205	205	problems. Nothing in this Part creates a cause of action or claim
206	206	against the State, the Tribe, the commission, or any other person,
207	207	entity, or agency for failing to identify a patron or person who is
208	208	a compulsive gambler or asking that person to leave.
209	209	7. The Tribe shall make diligent efforts to prevent an
210	210	underage individual from loitering in the area of each facility
211	211	where a covered game takes place.
212	212	8. The Tribe shall assure that advertising and
213	213	marketing of the covered games at the facilities contain a
214	214	responsible gambling message and a toll-free help line number for
215	215	problem gamblers where practical and that the advertising and
216	216	marketing messages do not make any false or misleading claims.
217	217	D. The State may secure an annual independent financial
218	218	audit of the conduct of covered games subject to this compact. The
219	219	audit must examine revenues from the conduct of a covered game and
220	220	must verify the determination of net win and the basis of, and right
221	221	to, the payments made to the State pursuant to Part XI of this
222	222	compact and as defined by this compact. A copy of the audit report
223	223	for the conduct of a covered game must be submitted to the
224	224	commission not later than the 30th day after the date an audit is
225	225	completed. A representative of the SCA may, on request, meet with
226	226	the Tribe and the Tribe's auditors to discuss an audit or matter in
227	227	connection with the audit, provided the discussions are limited to
228	228	covered games information. The annual independent financial audit
229	229	must be performed by an independent accounting firm with experience
230	230	in auditing casino operations, selected by the State and subject to
231	231	the Tribe's consent, which may not be unreasonably withheld. The
232	232	Tribe shall pay the accounting firm for the costs of the annual
233	233	independent financial audit if the Tribe is found not to be in
234	234	compliance with this compact.
235	235	E. A summary of the rules for playing covered games must be
236	236	displayed in a facility. A complete set of rules must be available
237	237	at a facility and provided to a person on request. A copy of the
238	238	rules must be provided to the SCA not later than the 30th day after
239	239	the date the rules are issued or amended.
240	240	F. The Tribe shall provide the commission and SCA with a
241	241	chart of the supervisory authority of individuals directly
242	242	responsible for the conduct of covered games, and shall promptly
243	243	notify the commission and the SCA of any material change to the
244	244	supervisory authority.
245	245	G. The Tribe shall continue to maintain a proactive approach
246	246	to prevent improper alcohol sales, drunk driving, underage
247	247	drinking, and underage gambling that involves extensive staff
248	248	training and certification, patron education, and the use of
249	249	security personnel and surveillance equipment to enhance patrons'
250	250	enjoyment of the facilities and provide for patron safety. Staff
251	251	training must include specialized employee training in nonviolent
252	252	crisis intervention, driver's license verification, and the
253	253	detection of intoxication. Patron education may be accomplished by
254	254	printing a notice on a valet parking stub, posting a sign in the
255	255	facilities, and publishing brochures. The facilities must have
256	256	roving and fixed security officers, along with surveillance
257	257	cameras, to assist in the detection of intoxicated patrons,
258	258	investigate problems, and engage patrons to de-escalate volatile
259	259	situations. This Part does not create a cause of action or claim
260	260	against the State, the Tribe, the commission, or any other person,
261	261	entity, or agency for failing to fulfill a requirement of this Part.
262	262	H. A person under 21 years of age may not play a covered
263	263	game.
264	264	I. The Tribe and the commission shall make available a copy
265	265	of the following documents to any member of the public on request:
266	266	1. the Tribal gaming ordinance;
267	267	2. this compact;
268	268	3. the rules of each covered game operated by the
269	269	Tribe; and
270	270	4. the administrative procedures for addressing
271	271	patron tort claims under Part VI of this compact.
272	272	PART VI. PATRON DISPUTES, TORT CLAIMS; PRIZE CLAIMS; LIMITED
273	273	CONSENT TO SUIT
274	274	A. All patron disputes shall be resolved under the
275	275	procedures established by Section 113 of the Tribe's Gaming
276	276	Ordinance.
277	277	B. The Tribe shall ensure that a patron of a facility is
278	278	afforded due process in seeking and receiving just and reasonable
279	279	compensation for a tort claim for personal injury or property
280	280	damage against a facility arising out of an incident occurring at a
281	281	facility. During the term of this compact, the Tribe shall maintain
282	282	public liability insurance for the express purposes of providing
283	283	coverage for a tort claim. The insurance must have liability limits
284	284	of not less than $250,000 for any one person and $500,000 for any
285	285	one occurrence for personal injury, and $100,000 for any one
286	286	occurrence for property damage, or the corresponding limits under
287	287	Section 101.023(a), Texas Civil Practice and Remedies Code,
288	288	whichever is greater. A tort claim, including a claim for
289	289	compensatory and punitive damages, costs, prejudgment interest,
290	290	and attorney's fees arising out of any claim brought or asserted
291	291	against the Tribe, its subordinate governmental and economic units,
292	292	and any Tribal officials, employees, servants, or agents in their
293	293	official capacities, may not be paid in an amount that exceeds the
294	294	limits of liability of insurance.
295	295	C. The Tribe shall ensure that patrons of a facility are
296	296	afforded due process in seeking and receiving just and reasonable
297	297	compensation arising from a patron's dispute, in connection with
298	298	the patron's play of a covered game, the amount of a prize which has
299	299	been awarded, the failure to award a prize, or the right to receive
300	300	a refund.
301	301	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
302	302	A. The Tribe and the commission are responsible for
303	303	regulating activities under this compact. The Tribe shall adopt or
304	304	issue standards designed to ensure that the facilities are
305	305	constructed, operated, and maintained to adequately protect the
306	306	environment and public health and safety.
307	307	B. A commission compliance officer shall be available to a
308	308	facility during operation on reasonable notice and shall have
309	309	immediate and complete access to a facility to ensure compliance
310	310	with this compact. The commission shall investigate a suspected or
311	311	reported violation of this part of this compact and shall timely
312	312	file an official written report of the investigation and action
313	313	taken on the violation, and shall send a copy of the investigative
314	314	report to the SCA not later than the 30th day after the date the
315	315	commission files the report. The scope of the report must be
316	316	determined by a memorandum of understanding between the commission
317	317	and the SCA as soon as practicable after the effective date of this
318	318	compact. A violation must be reported immediately to the
319	319	commission, and the commission shall immediately forward the
320	320	violation to the SCA. In addition, the commission shall promptly
321	321	report to the SCA a violation which the commission independently
322	322	discovers.
323	323	C. Representatives of the commission and the SCA shall meet
324	324	at least once each year to review past practices and examine methods
325	325	to improve the regulatory scheme created by this compact. The
326	326	meetings shall take place at a location mutually agreed to by the
327	327	commission and the SCA. The SCA, before or during a meeting, shall
328	328	disclose to the commission any concerns, suspected activities, or
329	329	pending matters reasonably believed to constitute a violation of
330	330	this compact by any person, organization, or entity, if the
331	331	disclosure will not compromise the interest sought to be protected.
332	332	PART VIII. STATE MONITORING OF COMPACT
333	333	A. The SCA may, under this compact, monitor the conduct of a
334	334	covered game to ensure that a covered game is conducted in
335	335	compliance with this compact. In order to properly monitor the
336	336	conduct of a covered game, an agent of the SCA may have, without
337	337	prior notice, reasonable access to all public areas of a facility
338	338	where a covered game is conducted under this compact. An SCA agent
339	339	may not enter a nonpublic area of a facility without giving the
340	340	commission notice of the agent's arrival 24 hours before the hour of
341	341	the agent's arrival and, on arrival, providing proper photographic
342	342	identification. A commission officer shall accompany an SCA agent
343	343	in a nonpublic area of a facility.
344	344	B. Subject to this compact, an SCA agent has the right to
345	345	review and request a copy of a document of the facility related to
346	346	the conduct of a covered game. The review and copying of the
347	347	document must be during normal business hours unless otherwise
348	348	allowed by the Tribe at the Tribe's discretion. The Tribe may not
349	349	refuse an inspection or request to copy a document, provided that an
350	350	agent cannot require copies of documents in a volume that
351	351	unreasonably interferes with the normal functioning of the facility
352	352	or a covered game.
353	353	C. After an SCA inspection or investigation, the SCA shall
354	354	send to the commission a written report of the inspection or
355	355	investigation that contains all pertinent, nonconfidential,
356	356	nonproprietary information about a violation of an applicable law
357	357	or this compact discovered during an inspection or investigation
358	358	unless disclosure of the information would adversely affect an
359	359	investigation of suspected criminal activity. This compact does
360	360	not prevent the SCA from contacting a tribal or federal law
361	361	enforcement authority about suspected criminal wrongdoing
362	362	involving the commission.
363	363	D. This compact does not authorize the State to regulate the
364	364	Tribe's government or the commission or to interfere with the
365	365	Tribe's selection of the Tribe's governmental officers or members
366	366	of the commission.
367	367	PART IX. JURISDICTION
368	368	The obligations and rights of the State and the Tribe under
369	369	this compact are contractual in nature, and this compact does not
370	370	alter tribal, federal, or state civil or criminal jurisdiction.
371	371	PART X. LICENSING
372	372	The Tribe and the commission shall comply with the licensing
373	373	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
374	374	applicable licensing requirements in the Tribe's Gaming Ordinance.
375	375	PART XI. PAYMENTS TO THE STATE OF TEXAS
376	376	A. The parties acknowledge and recognize that this compact
377	377	provides the Tribe with substantial exclusivity and, consistent
378	378	with the goals of the IGRA, special opportunities for tribal
379	379	economic opportunity through covered gaming activity in the State.
380	380	In consideration of the substantial exclusivity, if the State does
381	381	not after January 1, 2009, permit the operation of any additional
382	382	form of gaming within 200 nautical miles of the boundary of the
383	383	Tribe's reservation, the Tribe agrees to pay the State a fee derived
384	384	from covered game revenues in an amount equal to three percent of
385	385	the net win received by the Tribe in a calendar year from the play of
386	386	Class III covered games. The fee is due and payable not later than
387	387	the 20th day after the last date of the preceding quarter for the
388	388	revenue received by the Tribe in the preceding quarter.
389	389	B. Payment of the fees due under Part XI.A of this compact
390	390	must be made to the comptroller of public accounts. Nothing in this
391	391	compact allocates the fees to a particular State purpose, including
392	392	regulatory responsibilities under this compact.
393	393	C. This compact does not authorize the State to impose any
394	394	tax, fee, charge, or assessment on the Tribe.
395	395	PART XII. DISPUTE RESOLUTION
396	396	A dispute under this compact, including a dispute over
397	397	compliance with or the interpretation of the terms of this compact,
398	398	must be resolved amicably and voluntarily when possible. In
399	399	pursuit of this goal, the following procedures may be invoked:
400	400	A. A party asserting noncompliance or seeking an
401	401	interpretation of this compact first shall serve written notice on
402	402	the other party. The notice must identify the provision alleged to
403	403	have been violated or in dispute and must specify in detail the
404	404	factual basis for the claim. Representatives of the Tribe and State
405	405	shall meet in an effort to resolve the dispute not later than the
406	406	30th day after the date of receipt of notice unless the parties
407	407	mutually agree to extend the time.
408	408	B. A party asserting noncompliance or seeking an
409	409	interpretation of this compact is deemed to have certified that to
410	410	the best of the party's knowledge, information, and belief, formed
411	411	after reasonable inquiry, the claim of noncompliance or the request
412	412	for interpretation of this compact is warranted and made in good
413	413	faith and not for any improper purpose, such as to harass or to
414	414	cause unnecessary delay or expense to resolve the dispute.
415	415	C. If the parties are unable to resolve a dispute
416	416	through the process specified in Parts XII.A and XII.B of this
417	417	compact, either party can call for mediation under the Commercial
418	418	Mediation Procedures of the American Arbitration Association (AAA)
419	419	or any such successor procedures, provided that the mediation does
420	420	not last more than 15 days unless the parties agree to an extension
421	421	to this time limit. Mediation is only available for resolving
422	422	disputes over matters arising under this compact.
423	423	D. If the parties are unable to resolve a dispute
424	424	through the process under Parts XII.A, XII.B, and XII.C of this
425	425	compact, notwithstanding any other provision of law, the State or
426	426	Tribe may bring an action in federal district court ("federal
427	427	court") regarding any dispute arising under this compact in a
428	428	district in which the federal court has venue. If the federal court
429	429	declines to exercise jurisdiction, or federal precedent exists that
430	430	rules that the federal court does not have jurisdiction over the
431	431	dispute, the State or the Tribe may bring the action in state court.
432	432	The State or the Tribe are entitled to all rights of appeal
433	433	permitted by law in the court system in which the action is brought.
434	434	E. For purposes of an action based solely on a dispute
435	435	between the State and the Tribe that arises under this compact and
436	436	the enforcement of any judgment resulting from the action, the
437	437	State and the Tribe expressly waive the right to assert sovereign
438	438	immunity from suit and from enforcement of any judgment, and
439	439	consent to be sued in all levels of federal or state court, provided
440	440	that:
441	441	1. the dispute is limited solely to issues
442	442	arising under this compact;
443	443	2. the action does not include a claim for
444	444	monetary damages, other than payment of any money required by the
445	445	terms of this compact, and injunctive relief or specific
446	446	performance enforcing a provision of this compact requiring the
447	447	payment of money to the State may be sought; and
448	448	3. nothing in this compact may be construed to
449	449	constitute a waiver of the sovereign immunity of the State or the
450	450	Tribe with respect to a third party that is made a party or
451	451	intervenes as a party in an action.
452	452	F. In the event that intervention, joinder, or other
453	453	participation by a third party in any action between the State and
454	454	the Tribe would result in the waiver of the State's or the Tribe's
455	455	sovereign immunity to the third party's claim, the waiver of the
456	456	State or the Tribe under this compact may be revoked.
457	457	G. The State may pursue any mediation or judicial
458	458	remedy against the Tribe if the State failed to exhaust Tribal
459	459	administrative remedies.
460	460	H. Notwithstanding anything to the contrary in this
461	461	part, the Tribe's failure to remit a payment under this compact
462	462	entitles the State to seek injunctive relief in federal or state
463	463	court, at the State's sole discretion, to compel the payments after
464	464	exhausting the dispute resolution process in Parts XII.A and XII.B
465	465	of this compact.
466	466	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
467	467	A. Each provision, section, and subsection of this compact
468	468	shall stand separate and independent of every other provision. If a
469	469	federal district court in Texas or other court of competent
470	470	jurisdiction finds a provision of this compact to be invalid, the
471	471	remaining provisions of this compact remain in full force and
472	472	effect, provided that severing the invalidated provision does not
473	473	undermine the overall intent of the parties in entering into this
474	474	compact.
475	475	B. This compact is intended to meet the requirements of the
476	476	IGRA on the effective date of this compact, and where reference is
477	477	made to the IGRA, or to an implementing regulation of the IGRA, the
478	478	reference is considered to be incorporated into this document as if
479	479	set in full. Changes to the IGRA after the effective date of this
480	480	compact that diminish the rights of the State or Tribe may not be
481	481	applied to alter the terms of this compact, except to the extent
482	482	that federal law mandates that retroactive application without the
483	483	respective consent of the State or Tribe.
484	484	C. The presence or absence of language in this compact that
485	485	is present in or absent from another compact between the state and
486	486	another Indian tribe may not be a factor in construing the terms of
487	487	this compact.
488	488	D. Each party shall defend the validity of this compact.
489	489	E. On execution of this compact, the Tribe shall submit the
490	490	compact to the Secretary of the Interior, and the parties shall
491	491	cooperate in seeking the Secretary's approval of this compact.
492	492	PART XIV. NOTICES
493	493	A notice required under this compact must be given by
494	494	certified mail, return receipt requested, commercial overnight
495	495	courier service, or personal delivery, to:
496	496	Governor
497	497	State of Texas
498	498	State Insurance Building
499	499	1100 San Jacinto
500	500	Austin, TX 78701
501	501	Chairman - Tribal Council
502	502	Kickapoo Traditional Tribe of Texas
503	503	HCR1 9700
504	504	Eagle Pass, TX 78852
505	505	With copies to the general counsel for each party.
506	506	PART XV. EFFECTIVE DATE AND TERM
507	507	A. This compact is effective on approval by the Secretary of
508	508	the Interior as a tribal-state compact under the IGRA either by
509	509	publication of the notice of approval in the Federal Register or by
510	510	operation of law under 25 U.S.C. Section 2710(d)(8)(C).
511	511	B. This compact has a term of 25 years beginning on the first
512	512	day of the month following the month in which the compact becomes
513	513	effective under Part XV.A of this compact. This compact remains in
514	514	full force and effect until the earlier of expiration of the 25-year
515	515	term or until terminated by mutual agreement of the parties. If
516	516	either the State or the Tribe wishes to extend the term of this
517	517	compact, the party shall notify the other at least 18 months before
518	518	the date that this compact will expire. The parties shall begin
519	519	negotiations at least 12 months before the term expires.
520	520	PART XVI. AMENDMENT OF COMPACT AND APPENDICES
521	521	Amendment of this compact may only be made by written
522	522	agreement of the parties, subject to approval by the Secretary
523	523	either by publication of the notice of approval in the Federal
524	524	Register or by operation of law under 25 U.S.C. Section
525	525	2710(d)(8)(C).
526	526	PART XVII. MISCELLANEOUS
527	527	A. Except to the extent expressly provided in this compact,
528	528	this compact does not create a right for a third party to bring an
529	529	action to enforce a term of this compact.
530	530	B. Nothing in this compact shall alter any existing
531	531	memoranda of understanding, contracts, or other agreements entered
532	532	into between the Tribe and any other federal, state, or local
533	533	governmental entity.
534	534	PART XVIII. EXECUTION
535	535	The chairman of the Tribal Council of the Kickapoo
536	536	Traditional Tribe of Texas affirms that the chairman is duly
537	537	authorized and has the authority to execute this compact on behalf
538	538	of the Tribe. The chairman also affirms that the chairman will take
539	539	all appropriate steps to effectuate the purposes and intent of this
540	540	compact.
541	541	SECTION 3. This proposed constitutional amendment shall be
542	542	submitted to the voters at an election to be held November 3, 2009.
543	543	The ballot shall be printed to permit voting for or against the
544	544	proposition: "The constitutional amendment authorizing the
545	545	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
546	546	a gaming agreement with this state."