83R8620 DDT-F
By: Nevarez H.J.R. No. 98
A JOINT RESOLUTION
proposing a constitutional amendment to authorize the Kickapoo
Traditional Tribe of Texas to conduct gaming by executing a gaming
agreement with this state.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47(a), Article III, Texas Constitution,
is amended 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) of this section and Section 47a of
this article.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 47a to read as follows:
Sec. 47a. (a) The chairman of the federally recognized
Kickapoo Traditional Tribe of Texas may execute a gaming agreement
containing the terms set forth in Subsection (c) of this section on
receipt of a duly enacted resolution of the governing body of the
tribe authorizing the chairman to execute the agreement and on
provision of a copy of the resolution to the governor. The governor
or this state is not required to take any further action before the
gaming agreement becomes effective. The executed gaming agreement
constitutes a gaming compact between this state and the Tribe for
purposes of the federal Indian Gaming Regulatory Act (Pub. L. No.
100-497). The Tribe is responsible for:
(1) providing a copy of the executed agreement to the
governor; and
(2) submitting a copy of the executed agreement to the
United States Secretary of the Interior for approval and
publication in the Federal Register.
(b) If, after January 1, 2013, video lottery terminals, slot
machines, or other forms of gaming are authorized under state law
within 200 nautical miles of the boundary of the Kickapoo
Traditional Tribe's reservation near Eagle Pass, Texas, the Tribe
may offer a number of games or devices at a location selected by the
Tribe equal to the number of games or devices authorized under state
law for other locations. The location must be within 300 nautical
miles of the boundary of the Kickapoo Traditional Tribe's
reservation but may not be within 30 nautical miles of a licensed
horse or greyhound racetrack in operation on the effective date of
the agreement executed under Subsection (a) of this section. The
gaming shall be regulated by the Tribe and the Secretary of State.
A rule on gaming conducted by the Tribe that is adopted by the
Secretary of State may not be more restrictive than a rule
applicable to other comparable gaming licensed by this state.
(c) A gaming agreement executed under Subsection (a) of this
section must be in the form and contain the provisions as follows:
GAMING AGREEMENT BETWEEN THE KICKAPOO TRADITIONAL TRIBE OF TEXAS
AND THE STATE OF TEXAS
This Agreement is entered into between the Kickapoo
Traditional Tribe of Texas, a federally recognized Indian Tribe
("Tribe"), and the State of Texas ("State"), with respect to the
operation of covered games (as defined herein) on the Tribe's
Indian lands as defined by Section 4(4), Indian Gaming Regulatory
Act (25 U.S.C. Section 2703(4)).
PART I. TITLE
This document shall be referred to as "The Kickapoo
Traditional Tribe of Texas and State of Texas Gaming Agreement."
PART II. RECITALS
1. The Tribe is a federally recognized tribal government
with sovereign powers and rights of self-government. The Tribe is
the only tribe in the State with gaming rights under the federal
Indian Gaming Regulatory Act (Pub. L. No. 100-497).
2. The State is a state of the United States possessing the
sovereign powers and rights of a state.
3. The State and the Tribe maintain a
government-to-government relationship, and this agreement will
foster mutual respect and understanding between Indians and
non-Indians.
4. The Tribe and the State jointly intend to protect the
integrity of gaming regulated under this agreement.
5. The gaming under this agreement will further the purposes
of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to promote
tribal economic development, self-sufficiency, and strong tribal
government, and will assist the Tribe in funding tribal programs
that provide needed services to the Tribe's members.
PART III. DEFINITIONS
In this compact:
A. "Class III gaming" means the forms of Class III
gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
U.S.C. Section 2703(8)) and by the regulations of the National
Indian Gaming Commission.
B. "Commission" means the Kickapoo Traditional Tribe
of Texas Tribal Gaming Commission, which is the tribal governmental
agency that has the authority to carry out the Tribe's regulatory
and oversight responsibilities under this compact.
C. "Compact" means this gaming agreement between the
Kickapoo Traditional Tribe of Texas and the State of Texas.
D. "Covered game" or "covered gaming activity" means
Class III gaming activities determined to be available to the Tribe
by the United States Department of the Interior, video lottery
terminals, and any game of chance authorized by State law for any
person after the effective date of this compact.
E. "Covered game employee" or "covered employee" means
an individual employed and licensed by the Tribe whose
responsibilities include providing services related to the
operation, maintenance, or management of covered games. The term
includes:
1. managers and assistant managers;
2. accounting personnel;
3. commission officers;
4. surveillance and security personnel;
5. cashiers, supervisors, and floor personnel;
6. cage personnel; and
7. any other employee whose employment duties
require or authorize access to areas of a facility related to the
conduct of a covered game or the technical support or storage of a
covered game component.
"Covered game employee" or "covered employee" does not
include an elected official of the Tribe who is not directly
involved in the operation, maintenance, or management of a covered
game or covered game component.
F. "Document" means a book, a record, an electronic,
magnetic, or computer media document, or another writing or
material. The term includes a copy of any of those documents and
information contained in the document.
G. "Effective date" means the date on which the
compact becomes effective under Part XV.A. of this compact.
H. "Facility" or "facilities" means a building of the
Tribe in which a covered game authorized by this compact is
conducted on the Tribe's Indian lands as defined by the Indian
Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the terms
of this compact, the Tribe has the ultimate responsibility for
ensuring that the operation of each facility conforms to the
requirements of this compact.
I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
L. No. 100-497).
J. "Net win" means the total receipts, not including
free or promotional credits issued by the Tribe, from the play of
all covered games less all prize payouts and participation fees.
K. "Participation fee" means a payment made by the
Tribe to a supplier on a periodic basis for the right to lease or
otherwise offer for play a gaming device that the Tribe does not own
for a covered gaming activity. A participation fee may be a royalty
payment or lease payment. The Tribe acknowledges that the Tribe did
not hold an interest in a company that supplies a gaming device on
the date this compact was executed. If the Tribe acquires an
interest in a company that supplies gaming devices, the Tribe may
not deduct from the net win a participation fee for the supplier in
which the Tribe has acquired an interest.
L. "Patron" means a person who is on the premises of a
facility or who is entering the Tribe's Indian lands for the purpose
of playing a covered game authorized by this compact.
M. "Rules" means rules adopted by the commission to
implement this compact.
N. "State" means the State of Texas.
O. "State compliance agency" ("SCA") means the office
of the Secretary of State or another agency authorized by the
legislature to carry out the State's oversight responsibilities
under this compact.
P. "Tribe" means the Kickapoo Traditional Tribe of
Texas.
Q. "Video lottery terminal" means an electronic game
of chance connected to a centralized computer system operated by
the Tribe.
PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES
The Tribe and State agree that the Tribe is authorized to
operate covered games on the Tribe's Indian lands, as defined in the
IGRA, in accordance with the provisions of this compact.
PART V. RULES; MINIMUM REQUIREMENTS
A. During the term of this compact, the Tribe is responsible
for all duties assigned to the Tribe and the commission under this
compact. The Tribe shall adopt any rules necessary to implement
this compact. Nothing in this compact may be construed to affect
the Tribe's right to amend the Tribe's rules, provided the amendment
is in conformity with this compact. The SCA may propose to the
commission additional rules consistent with the implementation of
this compact, and the commission shall in good faith consider the
proposal and notify the SCA of the Tribe's response or action in
regard to the proposal.
B. All facilities must comply with and all covered games
must be operated in accordance with this compact. All facilities
must be operated in strict compliance with tribal internal control
standards that must provide a level of control that equals or
exceeds the standards in the National Indian Gaming Commission's
Minimum Internal Control Standards (25 C.F.R. Part 542).
C. The Tribe agrees to maintain the following safeguards
against problem gambling:
1. The Tribe will provide a comprehensive training
program to all gaming employees.
2. The Tribe will make available to patrons printed
materials that include contact information for organizations
dedicated to assisting problem gamblers.
3. The commission shall establish a list of the
patrons voluntarily excluded from the Tribe's facilities under Part
V.C.5. of this compact.
4. The Tribe shall employ its best efforts to exclude
patrons on the list maintained under Part V.C.3. of this compact.
This compact does not create a cause of action against the State,
the Tribe, the commission, or any other person, entity, or agency
for failing to exclude a patron on the list established under Part
V.C.3. of this compact.
5. A patron who believes the patron may be playing a
covered game on a compulsive basis may request that the patron's
name be placed on the list of patrons voluntarily excluded from the
Tribe's facilities.
6. All covered game employees shall receive training
to identify a patron who may have a problem with compulsive gambling
and instruct the patron to leave. Signs bearing a toll-free help
line number and educational and informational materials must be
made available at conspicuous locations and ATMs in each facility.
The signs must be designed in a manner that is aimed at preventing
problem gaming and that specifies where patrons may receive
counseling or assistance for gambling problems. Nothing in this
Part creates a cause of action or claim against the State, the
Tribe, the commission, or any other person, entity, or agency for
failing to identify a patron or person who is a compulsive gambler
or asking that person to leave.
7. The Tribe shall make diligent efforts to prevent an
underage individual from loitering in the area of each facility
where a covered game is conducted.
8. The Tribe shall assure that advertising and
marketing of the covered games at the facilities contain a
responsible gambling message and a toll-free help line number for
problem gamblers where practical and that the advertising and
marketing messages do not make any false or misleading claims.
D. The State may secure an annual independent financial
audit of the conduct of covered games subject to this compact. The
audit must examine revenues from the conduct of a covered game and
must verify the determination of net win and the basis of, and right
to, the payments made to the State pursuant to Part XI of this
compact and as defined by this compact. A copy of the audit report
for the conduct of a covered game must be submitted to the
commission not later than the 30th day after the date an audit is
completed. A representative of the SCA may, on request, meet with
the Tribe and the Tribe's auditors to discuss an audit or matter in
connection with the audit, provided the discussions are limited to
covered games information. The annual independent financial audit
must be performed by an independent accounting firm with experience
in auditing casino operations, selected by the State and subject to
the Tribe's consent, which may not be unreasonably withheld. The
Tribe shall pay the accounting firm for the costs of the annual
independent financial audit if the Tribe is found not to be in
compliance with this compact.
E. A summary of the rules for playing covered games must be
displayed in a facility. A complete set of rules must be available
at a facility and provided to a person on request. A copy of the
rules must be provided to the SCA not later than the 30th day after
the date the rules are issued or amended.
F. The Tribe shall provide the commission and SCA with a
chart of the supervisory authority of individuals directly
responsible for the conduct of covered games, and shall promptly
notify the commission and the SCA of any material change to the
supervisory authority.
G. The Tribe shall continue to maintain a proactive approach
to prevent improper alcohol sales, drunk driving, underage
drinking, and underage gambling that involves extensive staff
training and certification, patron education, and the use of
security personnel and surveillance equipment to enhance patrons'
enjoyment of the facilities and provide for patron safety. Staff
training must include specialized employee training in nonviolent
crisis intervention, driver's license verification, and the
detection of intoxication. Patron education may be accomplished by
printing a notice on a valet parking stub, posting a sign in the
facilities, and publishing brochures. The facilities must have
roving and fixed security officers, along with surveillance
cameras, to assist in the detection of intoxicated patrons,
investigate problems, and engage patrons to de-escalate volatile
situations. This Part does not create a cause of action or claim
against the State, the Tribe, the commission, or any other person,
entity, or agency for failing to fulfill a requirement of this Part.
H. A person under 21 years of age may not play a covered game
unless otherwise authorized by state law.
I. The Tribe and the commission shall make available a copy
of the following documents to any member of the public on request:
1. the Tribal gaming ordinance;
2. this compact;
3. the rules of each covered game operated by the
Tribe; and
4. the administrative procedures for addressing
patron tort claims under Part VI of this compact.
PART VI. PATRON DISPUTES, TORT CLAIMS; PRIZE CLAIMS; LIMITED
CONSENT TO SUIT
A. All patron disputes shall be resolved under the
procedures established by Section 113 of the Tribe's Gaming
Ordinance.
B. The Tribe shall ensure that a patron of a facility is
afforded due process in seeking and receiving just and reasonable
compensation for a tort claim for personal injury or property
damage against a facility arising out of an incident occurring at a
facility. During the term of this compact, the Tribe shall maintain
public liability insurance for the express purposes of providing
coverage for a tort claim. The insurance must have liability limits
of not less than $250,000 for any one person and $500,000 for any
one occurrence for personal injury, and $100,000 for any one
occurrence for property damage, or the corresponding limits under
Section 101.023(a), Texas Civil Practice and Remedies Code,
whichever is greater. A tort claim, including a claim for
compensatory and punitive damages, costs, prejudgment interest,
and attorney's fees arising out of any claim brought or asserted
against the Tribe, its subordinate governmental and economic units,
and any Tribal officials, employees, servants, or agents in their
official capacities, may not be paid in an amount that exceeds the
limits of liability of insurance.
C. The Tribe shall ensure that patrons of a facility are
afforded due process in seeking and receiving just and reasonable
compensation arising from a patron's dispute, in connection with
the patron's play of a covered game, the amount of a prize that has
been awarded, the failure to award a prize, or the right to receive
a refund.
PART VII. ENFORCEMENT OF COMPACT PROVISIONS
A. The Tribe and the commission are responsible for
regulating activities under this compact. The Tribe shall adopt or
issue standards designed to ensure that the facilities are
constructed, operated, and maintained to adequately protect the
environment and public health and safety.
B. A commission compliance officer shall be available to a
facility during operation on reasonable notice and shall have
immediate and complete access to a facility to ensure compliance
with this compact. The commission shall investigate a suspected or
reported violation of this part of this compact and shall timely
file an official written report of the investigation and action
taken on the violation, and shall send a copy of the investigative
report to the SCA not later than the 30th day after the date the
commission files the report. The scope of the report must be
determined by a memorandum of understanding between the commission
and the SCA as soon as practicable after the effective date of this
compact. A violation must be reported immediately to the
commission, and the commission shall immediately forward the
violation to the SCA. In addition, the commission shall promptly
report to the SCA a violation which the commission independently
discovers.
C. Representatives of the commission and the SCA shall meet
at least once each year to review past practices and examine methods
to improve the regulatory scheme created by this compact. The
meetings shall take place at a location agreed to by the commission
and the SCA. The SCA, before or during a meeting, shall disclose to
the commission any concerns, suspected activities, or pending
matters reasonably believed to constitute a violation of this
compact by any person, organization, or entity, if the disclosure
will not compromise the interest sought to be protected.
PART VIII. STATE MONITORING OF COMPACT
A. The SCA may, under this compact, monitor the conduct of a
covered game to ensure that a covered game is conducted in
compliance with this compact. In order to properly monitor the
conduct of a covered game, an agent of the SCA may have, without
prior notice, reasonable access to all public areas of a facility
where a covered game is conducted under this compact. An SCA agent
may not enter a nonpublic area of a facility without giving the
commission notice of the agent's arrival 24 hours before the hour of
the agent's arrival and, on arrival, providing proper photographic
identification. A commission officer shall accompany an SCA agent
in a nonpublic area of a facility.
B. Subject to this compact, an SCA agent has the right to
review and request a copy of a document of the facility related to
the conduct of a covered game. The review and copying of the
document must be during normal business hours unless otherwise
allowed by the Tribe at the Tribe's discretion. The Tribe may not
refuse an inspection or request to copy a document, provided that an
agent cannot require copies of documents in a volume that
unreasonably interferes with the normal functioning of the facility
or a covered game.
C. After an SCA inspection or investigation, the SCA shall
send to the commission a written report of the inspection or
investigation that contains all pertinent, nonconfidential,
nonproprietary information about a violation of an applicable law
or this compact discovered during an inspection or investigation
unless disclosure of the information would adversely affect an
investigation of suspected criminal activity. This compact does
not prevent the SCA from contacting a tribal or federal law
enforcement authority about suspected criminal wrongdoing
involving the commission.
D. This compact does not authorize the State to regulate the
Tribe's government or the commission or to interfere with the
Tribe's selection of the Tribe's governmental officers or members
of the commission.
PART IX. JURISDICTION
The obligations and rights of the State and the Tribe under
this compact are contractual in nature, and this compact does not
alter tribal, federal, or state civil or criminal jurisdiction.
PART X. LICENSING
The Tribe and the commission shall comply with the licensing
and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
applicable licensing requirements in the Tribe's Gaming Ordinance.
PART XI. PAYMENTS TO THE STATE OF TEXAS
A. The parties acknowledge and recognize that this compact
provides the Tribe with substantial exclusivity and, consistent
with the goals of the IGRA, special opportunities for tribal
economic opportunity through covered gaming activity in the State.
In consideration of the substantial exclusivity, if the State does
not after January 1, 2013, authorize the operation of any
additional form of gaming within 200 nautical miles of the boundary
of the Tribe's reservation, the Tribe agrees to pay the State a
percentage of the revenue derived from covered game revenues in an
amount equal to three percent of the net win received by the Tribe
in a calendar year from the play of Class III covered games. The
amount is due and payable not later than the 20th day after the last
date of the preceding quarter for the revenue received by the Tribe
in the preceding quarter.
B. Payment of revenue due under Part XI.A of this compact
must be made to the comptroller of public accounts of the State.
Nothing in this compact allocates the revenue to a particular State
purpose, including regulatory responsibilities under this compact.
C. This compact does not authorize the State to impose any
tax, fee, charge, or assessment on the Tribe or an enterprise of the
Tribe.
PART XII. DISPUTE RESOLUTION
A dispute under this compact, including a dispute over
compliance with or the interpretation of the terms of this compact,
must be resolved amicably and voluntarily when possible. In
pursuit of this goal, the following procedures may be invoked:
A. A party asserting noncompliance or seeking an
interpretation of this compact first shall serve written notice on
the other party. The notice must identify the provision alleged to
have been violated or in dispute and must specify in detail the
factual basis for the claim. Representatives of the Tribe and State
shall meet in an effort to resolve the dispute not later than the
30th day after the date of receipt of notice unless the parties
agree to extend the time.
B. A party asserting noncompliance or seeking an
interpretation of this compact is deemed to have certified that to
the best of the party's knowledge, information, and belief, formed
after reasonable inquiry, the claim of noncompliance or the request
for interpretation of this compact is warranted and made in good
faith and not for any improper purpose, such as to harass or to
cause unnecessary delay or expense to resolve the dispute.
C. If the parties are unable to resolve a dispute
through the process specified in Parts XII.A and XII.B of this
compact, either party can call for mediation under the Commercial
Mediation Rules and Procedures of the American Arbitration
Association (AAA) or any such successor procedures, provided that
the mediation does not last more than 15 days unless the parties
agree to an extension to this time limit. Mediation is only
available for resolving disputes over matters arising under this
compact.
D. If the parties are unable to resolve a dispute
through the process under Parts XII.A, XII.B, and XII.C of this
compact, notwithstanding any other provision of law, the State or
Tribe may bring an action in federal district court ("federal
court") regarding any dispute arising under this compact in a
district in which the federal court has venue. If the federal court
declines to exercise jurisdiction, or federal precedent exists that
rules that the federal court does not have jurisdiction over the
dispute, the State or the Tribe may bring the action in state court.
The State and the Tribe are entitled to all rights of appeal
permitted by law in the court system in which the action is brought.
E. For purposes of an action based solely on a dispute
between the State and the Tribe that arises under this compact and
the enforcement of any judgment resulting from the action, the
State and the Tribe expressly waive the right to assert sovereign
immunity from suit and from enforcement of any judgment, and
consent to be sued in all levels of federal or state court, provided
that:
1. the dispute is limited solely to issues
arising under this compact;
2. the action does not include a claim for
monetary damages, other than payment of any money required by the
terms of this compact, and injunctive relief or specific
performance enforcing a provision of this compact requiring the
payment of money to the State may be sought; and
3. nothing in this compact may be construed to
constitute a waiver of the sovereign immunity of the State or the
Tribe with respect to a third party that is made a party or
intervenes as a party in an action.
F. In the event that intervention, joinder, or other
participation by a third party in any action between the State and
the Tribe would result in the waiver of the State's or the Tribe's
sovereign immunity to the third party's claim, the waiver of the
State or the Tribe under this compact may be revoked.
G. The State may pursue any mediation or judicial
remedy against the Tribe if the State failed to exhaust Tribal
administrative remedies.
H. Notwithstanding anything to the contrary in this
part, the Tribe's failure to remit a payment under this compact
entitles the State to seek injunctive relief in federal or state
court, at the State's sole discretion, to compel the payments after
exhausting the dispute resolution process in Parts XII.A and XII.B
of this compact.
PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
A. Each provision, section, and subsection of this compact
shall stand separate and independent of every other provision. If a
federal district court in Texas or other court of competent
jurisdiction finds a provision of this compact to be invalid, the
remaining provisions of this compact remain in full force and
effect, provided that severing the invalidated provision does not
undermine the overall intent of the parties in entering into this
compact.
B. This compact is intended to meet the requirements of the
IGRA on the effective date of this compact, and where reference is
made to the IGRA, or to an implementing regulation of the IGRA, the
reference is considered to be incorporated into this document as if
set in full. Changes to the IGRA after the effective date of this
compact that diminish the rights of the State or Tribe may not be
applied to alter the terms of this compact, except to the extent
that federal law mandates that retroactive application without the
respective consent of the State or Tribe.
C. The presence or absence of language in this compact that
is present in or absent from another compact between a state and
another Indian tribe may not be a factor in construing the terms of
this compact.
D. Each party shall defend the validity of this compact.
E. On execution of this compact, the Tribe shall submit the
compact to the United States Secretary of the Interior, and the
parties shall cooperate in seeking the Secretary's approval of this
compact.
PART XIV. NOTICES
A notice required under this compact must be given by
certified mail, return receipt requested, commercial overnight
courier service, or personal delivery, to:
Governor
State of Texas
State Insurance Building
1100 San Jacinto
Austin, TX 78701
Chairman - Tribal Council
Kickapoo Traditional Tribe of Texas
HCR1 9700
Eagle Pass, TX 78852
With copies to the general counsel for each party.
PART XV. EFFECTIVE DATE AND TERM
A. This compact is effective on approval either by the
United States Secretary of the Interior as a tribal-state compact
under the IGRA or by operation of law and on publication of the
notice of approval in the Federal Register.
B. This compact has a term of 25 years beginning on the day
the compact becomes effective under Part XV.A of this compact. This
compact remains in full force and effect until the earlier of the
25th anniversary of the day the compact becomes effective or until
terminated by agreement of the parties. If either the State or the
Tribe wishes to extend the term of this compact, the party shall
notify the other at least 18 months before the date that this
compact will expire. The parties shall begin negotiations at least
12 months before the term expires.
PART XVI. AMENDMENT OF COMPACT
Amendment of this compact may only be made by written
agreement of the parties, subject to approval either by the United
States Secretary of the Interior or by operation of law and is
effective on publication of the notice of approval in the Federal
Register.
PART XVII. MISCELLANEOUS
A. Except to the extent expressly provided in this compact,
this compact does not create a right for a third party to bring an
action to enforce a term of this compact.
B. Nothing in this compact shall alter any existing
memoranda of understanding, contracts, or other agreements entered
into between the Tribe and any other federal, state, or local
governmental entity.
PART XVIII. EXECUTION
The chairman of the Tribal Council of the Kickapoo
Traditional Tribe of Texas affirms that the chairman is duly
authorized and has the authority to execute this compact on behalf
of the Tribe. The chairman also affirms that the chairman will take
all appropriate steps to effectuate the purposes and intent of this
compact.
(d) The Secretary of State may adopt rules necessary for
this state to carry out its responsibilities under this section
unless the Legislature enacts laws authorizing another state agency
to administer this section.
(e) All shipments of gaming equipment or other gaming
devices into, out of, or within this state authorized under this
section or a law enacted under this section are legal shipments of
the devices and are exempt from the provisions of 15 U.S.C. Sections
1171-1178 prohibiting the transportation of gambling devices.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
Kickapoo Traditional Tribe of Texas to conduct gaming by executing
a gaming agreement with this state."