By: Rodriguez S.B. No. 1371
A BILL TO BE ENTITLED
AN ACT
relating to certain gaming activity conducted by an Indian tribe or
tribal organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47.09(a), Penal Code, is amended to read
as follows:
(a) It is a defense to prosecution under this chapter that
the conduct:
(1) was authorized under:
(A) Chapter 2001, Occupations Code;
(B) Chapter 2002, Occupations Code; or
(C) the Texas Racing Act (Article 179e, Vernon's
Texas Civil Statutes);
(2) consisted entirely of participation in gambling or
other gaming activity of a type that is or may be permitted under
the Indian Gaming Regulatory Act (25 U.S.C. Section 2701 et seq.),
as amended, without regard to whether the gambling or gaming
activity is conducted by an Indian tribe to which that Act applies,
if the gambling or gaming activity is conducted:
(A) by a federally recognized Indian tribe or
tribal organization as listed by the United States secretary of the
interior under 25 U.S.C. Section 479a-1 on January 1, 2013; and
(B) on premises designated by the tribe or tribal
organization for that gambling or other gaming activity on land
that is recognized as tribal land of that tribe or tribal
organization by the federal government;
(3) consisted entirely of participation in the state
lottery authorized by Chapter 466, Government Code; or
(4) [(3)] was a necessary incident to the operation of
the state lottery and was directly or indirectly authorized by:
(A) Chapter 466, Government Code;
(B) the lottery division of the Texas Lottery
Commission;
(C) the Texas Lottery Commission; or
(D) the director of the lottery division of the
Texas Lottery Commission.
SECTION 2. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose. For the
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.