| 1 | 1 | | By: Chavez H.J.R. No. 86 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment providing that gambling or |
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| 6 | 6 | | other gaming activity by federally recognized Indian tribes on |
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| 7 | 7 | | tribal land is not prohibited by Texas law. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 47, Article III, Texas Constitution, is |
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| 10 | 10 | | amended by amending Subsection (a) and adding Subsection (f) to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 13 | 13 | | and gift enterprises in this State other than those authorized by |
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| 14 | 14 | | Subsections (b), (d), [and] (e), and (f) of this section. |
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| 15 | 15 | | (f) No law of this State, including Subsection (a) of this |
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| 16 | 16 | | section, may be applied or construed to: |
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| 17 | 17 | | (1) prohibit or prevent the Ysleta del Sur Pueblo, a |
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| 18 | 18 | | federally recognized Indian tribe from conducting any type of |
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| 19 | 19 | | gambling or other gaming activity on the tribe's federally |
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| 20 | 20 | | recognized tribal land in El Paso County, Texas or prohibit or |
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| 21 | 21 | | prevent the Alabama-Coushatta Tribe, a federally recognized Indian |
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| 22 | 22 | | tribe from conducting any type of gambling or other gaming activity |
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| 23 | 23 | | on the tribe's federally recognized tribal land in Polk County, |
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| 24 | 24 | | Texas; or |
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| 25 | 25 | | (2) serve as the basis of any criminal or civil action |
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| 26 | 26 | | in State or federal court that prohibits, prevents, punishes, or |
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| 27 | 27 | | imposes a sanction on conduct described by Subdivision (1) of this |
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| 28 | 28 | | subsection. |
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| 29 | 29 | | SECTION 2. This proposed constitutional amendment shall be |
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| 30 | 30 | | submitted to the voters at an election to be held November 3, 2009. |
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| 31 | 31 | | The ballot shall be printed to permit voting for or against the |
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| 32 | 32 | | proposition: "The constitutional amendment providing that |
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| 33 | 33 | | gambling and other gaming activity by certain federally recognized |
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| 34 | 34 | | Indian tribes on federally recognized tribal land in El Paso County |
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| 35 | 35 | | and in Polk County is not prohibited by Texas law." |
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