By: Chavez H.J.R. No. 86
A JOINT RESOLUTION
proposing a constitutional amendment providing that gambling or
other gaming activity by federally recognized Indian tribes on
tribal land is not prohibited by Texas law.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47, Article III, Texas Constitution, is
amended by amending Subsection (a) and adding Subsection (f) to
read as follows:
(a) The Legislature shall pass laws prohibiting lotteries
and gift enterprises in this State other than those authorized by
Subsections (b), (d), [and] (e), and (f) of this section.
(f) No law of this State, including Subsection (a) of this
section, may be applied or construed to:
(1) prohibit or prevent the Ysleta del Sur Pueblo, a
federally recognized Indian tribe from conducting any type of
gambling or other gaming activity on the tribe's federally
recognized tribal land in El Paso County, Texas or prohibit or
prevent the Alabama-Coushatta Tribe, a federally recognized Indian
tribe from conducting any type of gambling or other gaming activity
on the tribe's federally recognized tribal land in Polk County,
Texas; or
(2) serve as the basis of any criminal or civil action
in State or federal court that prohibits, prevents, punishes, or
imposes a sanction on conduct described by Subdivision (1) of this
subsection.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment providing that
gambling and other gaming activity by certain federally recognized
Indian tribes on federally recognized tribal land in El Paso County
and in Polk County is not prohibited by Texas law."