Texas 2015 - 84th Regular

Texas House Bill HJR129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R13278 YDB-F
2	2	By: Thompson of Harris H.J.R. No. 129
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment authorizing the Ysleta del Sur
7	7	Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to conduct
8	8	all forms of gaming on certain tribal land and requiring the tribes
9	9	to annually pay five percent of net proceeds from gaming to the
10	10	comptroller of public accounts for deposit in the general revenue
11	11	fund.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 47(a), Article III, Texas Constitution,
14	14	is amended to read as follows:
15	15	(a) The Legislature shall pass laws prohibiting lotteries
16	16	and gift enterprises in this State other than those authorized by
17	17	Subsections (b), (d), and (e) of this section and Section 47a of
18	18	this article.
19	19	SECTION 2. Article III, Texas Constitution, is amended by
20	20	adding Section 47a to read as follows:
21	21	Sec. 47a. (a) This section and the Ysleta del Sur Pueblo and
22	22	Alabama and Coushatta Indian Tribes of Texas Restoration Act (Pub.
23	23	L. No. 100-89) do not prohibit the Ysleta del Sur Pueblo Tribe and
24	24	Alabama-Coushatta Tribe of Texas from conducting all forms of
25	25	gaming, including gambling, betting, lottery, and bingo, on land
26	26	that is part of the tribe's reservation as that term is defined by
27	27	25 U.S.C. Section 1300g(3) or 25 U.S.C. Section 731(3), as
28	28	applicable, or prohibit the conduct of gaming on that land. This
29	29	state does not have any civil or criminal regulatory jurisdiction
30	30	over any form of gaming conducted by a tribe on that land, provided
31	31	the tribe:
32	32	(1) submits the tribe's gaming ordinances under which
33	33	the tribe will conduct gaming on that land to the assistant
34	34	secretary for Indian affairs of the United States Department of the
35	35	Interior and receives approval of the gaming ordinances from the
36	36	assistant secretary;
37	37	(2) is under the regulatory jurisdiction of the United
38	38	States Department of the Interior or another federal agency for all
39	39	gaming activities conducted on that land; and
40	40	(3) annually pays to the comptroller of public
41	41	accounts of this state for deposit in the general revenue fund an
42	42	amount equal to five percent of the net proceeds the tribe receives
43	43	from all gaming conducted on that land.
44	44	(b) In this section, "net proceeds" means the amount of
45	45	money remaining after deducting all expenses necessary to conduct
46	46	gaming, manage the tribal gaming organization, and pay prizes,
47	47	fees, and other related expenses.
48	48	(c) All shipments of gaming equipment or other gaming
49	49	devices into, out of, or within this state authorized under this
50	50	section or a law enacted under this section are legal shipments of
51	51	the devices and are exempt from the provisions of 15 U.S.C. Sections
52	52	1171-1178 prohibiting the transportation of gambling devices.
53	53	(d) It is a defense to prosecution under Chapter 47, Penal
54	54	Code, or any subsequent amendment, revision, or recodification of
55	55	that chapter, that the gaming was conducted on land of the Ysleta
56	56	del Sur Pueblo Tribe or the Alabama-Coushatta Tribe of Texas as
57	57	authorized under this section.
58	58	SECTION 3. The following temporary provision is added to
59	59	the Texas Constitution:
60	60	TEMPORARY PROVISION. (a) This temporary provision applies
61	61	to the constitutional amendment proposed by the 84th Legislature,
62	62	Regular Session, 2015, authorizing the Ysleta del Sur Pueblo Tribe
63	63	and the Alabama-Coushatta Tribe of Texas to conduct all forms of
64	64	gaming on certain tribal land.
65	65	(b) Not later than June 1, 2017, the legislature by general
66	66	law shall enact legislation to amend Chapter 47, Penal Code, to
67	67	provide a defense to prosecution under that chapter for gaming
68	68	conducted on land of the Ysleta del Sur Pueblo Tribe or the
69	69	Alabama-Coushatta Tribe of Texas as authorized under Section 47,
70	70	Article III, Texas Constitution.
71	71	(c) This temporary provision expires January 1, 2018.
72	72	SECTION 4. This proposed constitutional amendment shall be
73	73	submitted to the voters at an election to be held November 3, 2015.
74	74	The ballot shall be printed to provide for voting for or against the
75	75	proposition: "The constitutional amendment authorizing the Ysleta
76	76	del Sur Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to
77	77	conduct all forms of gaming on certain tribal land and requiring the
78	78	tribes to annually pay five percent of net proceeds from gaming to
79	79	the comptroller of public accounts for deposit in the general
80	80	revenue fund."