By: Chavez H.J.R. No. 87
A JOINT RESOLUTION
proposing a constitutional amendment requiring the state to treat
recognized Indian tribes equally with regard to authorizing
gambling or other gaming activity on tribal land.
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 prohibit a federally
recognized Indian tribe from conducting any type of gambling or
other gaming activity on lands held in trust by the United States in
El Paso County, Texas for the benefit Ysleta del Sur Pueblo, a
federally recognized Indian tribe, and lands held in trust by the
United States, in Polk County, Texas for the benefit of the
Alabama-Coushatta Tribe, a federally recognized Indian tribe that
another federally recognized Indian tribe that owns or controls
federally recognized tribal land in this State is authorized by
state or federal law to conduct on that tribal land.
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 requiring the State of
Texas to treat recognized Indian tribes equally with regard to
authorizing gambling and other gaming activity on tribal land."