Texas 2015 - 84th Regular

Texas House Bill HJR22 Compare Versions

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Old	New	Differences
1	1	84R7511 DDT-F
2	2	By: Nevárez H.J.R. No. 22
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to authorize the Kickapoo
7	7	Traditional Tribe of Texas to conduct gaming by executing a gaming
8	8	agreement with this state; providing for licensing of persons under
9	9	the agreement; limiting certain taxes and fees.
10	10	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 47(a), Article III, Texas Constitution,
12	12	is amended to read as follows:
13	13	(a) The Legislature shall pass laws prohibiting lotteries
14	14	and gift enterprises in this State other than those authorized by
15	15	Subsections (b), (d), and (e) of this section and Section 47a of
16	16	this article.
17	17	SECTION 2. Article III, Texas Constitution, is amended by
18	18	adding Section 47a to read as follows:
19	19	Sec. 47a. (a) The chairman of the federally recognized
20	20	Kickapoo Traditional Tribe of Texas may execute a gaming agreement
21	21	containing the terms set forth in Subsection (c) of this section on
22	22	receipt of a duly enacted resolution of the governing body of the
23	23	tribe authorizing the chairman to execute the agreement and on
24	24	provision of a copy of the resolution to the governor. The governor
25	25	or this state is not required to take any further action before the
26	26	gaming agreement becomes effective. The executed gaming agreement
27	27	constitutes a gaming compact between this state and the Tribe for
28	28	purposes of the federal Indian Gaming Regulatory Act (Pub. L. No.
29	29	100-497). The Tribe is responsible for:
30	30	(1) providing a copy of the executed agreement to the
31	31	governor; and
32	32	(2) submitting a copy of the executed agreement to the
33	33	United States Secretary of the Interior for approval and
34	34	publication in the Federal Register.
35	35	(b) If, after January 1, 2015, video lottery terminals, slot
36	36	machines, or other forms of gaming are authorized under state law
37	37	within 200 nautical miles of the boundary of the Kickapoo
38	38	Traditional Tribe's reservation near Eagle Pass, Texas, the Tribe
39	39	is authorized to offer the same types of games or devices as
40	40	authorized under the other forms of gaming at a location designated
41	41	by the Tribe. The number of games or devices authorized at the
42	42	location is equal to the maximum number of games or devices
43	43	authorized under state law for other gaming locations. The
44	44	location must be on land owned or leased by the Tribe that is within
45	45	300 nautical miles of the boundary of the Kickapoo Traditional
46	46	Tribe's reservation but may not be within 30 nautical miles of a
47	47	licensed horse or greyhound racetrack in operation on the effective
48	48	date of the agreement executed under Subsection (a) of this
49	49	section. The gaming authorized under this subsection shall be
50	50	regulated by the Tribe and the Secretary of State. A rule on gaming
51	51	conducted by the Tribe that is adopted by the Secretary of State may
52	52	not be more restrictive than a rule applicable to other comparable
53	53	gaming licensed by this state. A tax or fee may not be imposed on
54	54	the Tribe in an amount that exceeds the amount of a tax or fee
55	55	imposed on the operators of other gaming locations or facilities in
56	56	this state.
57	57	(c) A gaming agreement executed under Subsection (a) of this
58	58	section must be in the form and contain the provisions as follows:
59	59	GAMING AGREEMENT BETWEEN THE KICKAPOO TRADITIONAL TRIBE OF TEXAS
60	60	AND THE STATE OF TEXAS
61	61	This Agreement is entered into between the Kickapoo
62	62	Traditional Tribe of Texas, a federally recognized Indian Tribe
63	63	("Tribe"), and the State of Texas ("State"), with respect to the
64	64	operation of covered games (as defined herein) on the Tribe's
65	65	Indian lands as defined by Section 4(4), Indian Gaming Regulatory
66	66	Act (25 U.S.C. Section 2703(4)).
67	67	PART I. TITLE
68	68	This document shall be referred to as "The Kickapoo
69	69	Traditional Tribe of Texas and State of Texas Gaming Agreement."
70	70	PART II. RECITALS
71	71	1. The Tribe is a federally recognized tribal government
72	72	with sovereign powers and rights of self-government. The Tribe is
73	73	the only tribe in the State with gaming rights under the federal
74	74	Indian Gaming Regulatory Act (Pub. L. No. 100-497).
75	75	2. The State is a state of the United States possessing the
76	76	sovereign powers and rights of a state.
77	77	3. The State and the Tribe maintain a
78	78	government-to-government relationship, and this agreement will
79	79	foster mutual respect and understanding between Indians and
80	80	non-Indians.
81	81	4. The Tribe and the State jointly intend to protect the
82	82	integrity of gaming regulated under this agreement.
83	83	5. The gaming under this agreement will further the purposes
84	84	of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to promote
85	85	tribal economic development, self-sufficiency, and strong tribal
86	86	government, and will assist the Tribe in funding tribal programs
87	87	that provide needed services to the Tribe's members.
88	88	PART III. DEFINITIONS
89	89	In this compact:
90	90	A. "Class III gaming" means the forms of Class III
91	91	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
92	92	U.S.C. Section 2703(8)) and by the regulations of the National
93	93	Indian Gaming Commission.
94	94	B. "Commission" means the Kickapoo Traditional Tribe
95	95	of Texas Tribal Gaming Commission, which is the tribal governmental
96	96	agency that has the authority to carry out the Tribe's regulatory
97	97	and oversight responsibilities under this compact.
98	98	C. "Compact" means this gaming agreement between the
99	99	Kickapoo Traditional Tribe of Texas and the State of Texas.
100	100	D. "Covered game" or "covered gaming activity" means
101	101	Class III gaming activities determined to be available to the Tribe
102	102	by the United States Department of the Interior, video lottery
103	103	terminals, and any game of chance authorized by State law for any
104	104	person after the effective date of this compact.
105	105	E. "Covered game employee" or "covered employee" means
106	106	an individual employed and licensed by the Tribe whose
107	107	responsibilities include providing services related to the
108	108	operation, maintenance, or management of covered games. The term
109	109	includes:
110	110	1. managers and assistant managers;
111	111	2. accounting personnel;
112	112	3. commission officers;
113	113	4. surveillance and security personnel;
114	114	5. cashiers, supervisors, and floor personnel;
115	115	6. cage personnel; and
116	116	7. any other employee whose employment duties
117	117	require or authorize access to areas of a facility related to the
118	118	conduct of a covered game or the technical support or storage of a
119	119	covered game component.
120	120	"Covered game employee" or "covered employee" does not
121	121	include an elected official of the Tribe who is not directly
122	122	involved in the operation, maintenance, or management of a covered
123	123	game or covered game component.
124	124	F. "Document" means a book, a record, an electronic,
125	125	magnetic, or computer media document, or another writing or
126	126	material. The term includes a copy of any of those documents and
127	127	information contained in the document.
128	128	G. "Effective date" means the date on which the
129	129	compact becomes effective under Part XV.A. of this compact.
130	130	H. "Facility" or "facilities" means a building of the
131	131	Tribe in which a covered game authorized by this compact is
132	132	conducted on the Tribe's Indian lands as defined by the Indian
133	133	Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the terms
134	134	of this compact, the Tribe has the ultimate responsibility for
135	135	ensuring that the operation of each facility conforms to the
136	136	requirements of this compact.
137	137	I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
138	138	L. No. 100-497).
139	139	J. "Net win" means the total receipts, not including
140	140	free or promotional credits issued by the Tribe, from the play of
141	141	all covered games less all prize payouts and participation fees.
142	142	K. "Participation fee" means a payment made by the
143	143	Tribe to a supplier on a periodic basis for the right to lease or
144	144	otherwise offer for play a gaming device that the Tribe does not own
145	145	for a covered gaming activity. A participation fee may be a royalty
146	146	payment or lease payment. The Tribe acknowledges that the Tribe did
147	147	not hold an interest in a company that supplies a gaming device on
148	148	the date this compact was executed. If the Tribe acquires an
149	149	interest in a company that supplies gaming devices, the Tribe may
150	150	not deduct from the net win a participation fee for the supplier in
151	151	which the Tribe has acquired an interest.
152	152	L. "Patron" means a person who is on the premises of a
153	153	facility or who is entering the Tribe's Indian lands for the purpose
154	154	of playing a covered game authorized by this compact.
155	155	M. "Rules" means rules adopted by the commission to
156	156	implement this compact.
157	157	N. "State" means the State of Texas.
158	158	O. "State compliance agency" ("SCA") means the office
159	159	of the Secretary of State or another agency authorized by the
160	160	legislature to carry out the State's oversight responsibilities
161	161	under this compact.
162	162	P. "Tribe" means the Kickapoo Traditional Tribe of
163	163	Texas.
164	164	Q. "Video lottery terminal" means an electronic game
165	165	of chance connected to a centralized computer system operated by
166	166	the Tribe.
167	167	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES
168	168	The Tribe and State agree that the Tribe is authorized to
169	169	operate covered games on the Tribe's Indian lands, as defined in the
170	170	IGRA, in accordance with the provisions of this compact.
171	171	PART V. RULES; MINIMUM REQUIREMENTS
172	172	A. During the term of this compact, the Tribe is responsible
173	173	for all duties assigned to the Tribe and the commission under this
174	174	compact. The Tribe shall adopt any rules necessary to implement
175	175	this compact. Nothing in this compact may be construed to affect
176	176	the Tribe's right to amend the Tribe's rules, provided the amendment
177	177	is in conformity with this compact. The SCA may propose to the
178	178	commission additional rules consistent with the implementation of
179	179	this compact, and the commission shall in good faith consider the
180	180	proposal and notify the SCA of the Tribe's response or action in
181	181	regard to the proposal.
182	182	B. All facilities must comply with and all covered games
183	183	must be operated in accordance with this compact. All facilities
184	184	must be operated in strict compliance with tribal internal control
185	185	standards that must provide a level of control that equals or
186	186	exceeds the standards in the National Indian Gaming Commission's
187	187	Minimum Internal Control Standards (25 C.F.R. Part 542), as the
188	188	standards existed on the effective date of this compact, regardless
189	189	of whether the standards are subsequently repealed or replaced.
190	190	C. The Tribe agrees to maintain the following safeguards
191	191	against problem gambling:
192	192	1. The Tribe will provide a comprehensive training
193	193	program to all gaming employees.
194	194	2. The Tribe will make available to patrons printed
195	195	materials that include contact information for organizations
196	196	dedicated to assisting problem gamblers.
197	197	3. The commission shall establish a list of the
198	198	patrons voluntarily excluded from the Tribe's facilities under Part
199	199	V.C.5. of this compact.
200	200	4. The Tribe shall employ its best efforts to exclude
201	201	patrons on the list maintained under Part V.C.3. of this compact.
202	202	This compact does not create a cause of action against the State,
203	203	the Tribe, the commission, or any other person, entity, or agency
204	204	for failing to exclude a patron on the list established under Part
205	205	V.C.3. of this compact.
206	206	5. A patron who believes the patron may be playing a
207	207	covered game on a compulsive basis may request that the patron's
208	208	name be placed on the list of patrons voluntarily excluded from the
209	209	Tribe's facilities.
210	210	6. All covered game employees shall receive training
211	211	to identify a patron who may have a problem with compulsive gambling
212	212	and instruct the patron to leave. Signs bearing a toll-free help
213	213	line number and educational and informational materials must be
214	214	made available at conspicuous locations and ATMs in each facility.
215	215	The signs must be designed in a manner that is aimed at preventing
216	216	problem gaming and that specifies where patrons may receive
217	217	counseling or assistance for gambling problems. Nothing in this
218	218	Part creates a cause of action or claim against the State, the
219	219	Tribe, the commission, or any other person, entity, or agency for
220	220	failing to identify a patron or person who is a compulsive gambler
221	221	or asking that person to leave.
222	222	7. The Tribe shall make diligent efforts to prevent an
223	223	underage individual from loitering in the area of each facility
224	224	where a covered game is conducted.
225	225	8. The Tribe shall assure that advertising and
226	226	marketing of the covered games at the facilities contain a
227	227	responsible gambling message and a toll-free help line number for
228	228	problem gamblers where practical and that the advertising and
229	229	marketing messages do not make any false or misleading claims.
230	230	D. The State may secure an annual independent financial
231	231	audit of the conduct of covered games subject to this compact. The
232	232	audit must examine revenues from the conduct of a covered game and
233	233	must verify the determination of net win and the basis of, and right
234	234	to, the payments made to the State pursuant to Part XI of this
235	235	compact and as defined by this compact. A copy of the audit report
236	236	for the conduct of a covered game must be submitted to the
237	237	commission not later than the 30th day after the date an audit is
238	238	completed. A representative of the SCA may, on request, meet with
239	239	the Tribe and the Tribe's auditors to discuss an audit or matter in
240	240	connection with the audit, provided the discussions are limited to
241	241	covered games information. The annual independent financial audit
242	242	must be performed by an independent accounting firm with experience
243	243	in auditing casino operations, selected by the State and subject to
244	244	the Tribe's consent, which may not be unreasonably withheld. The
245	245	Tribe shall pay the accounting firm for the costs of the annual
246	246	independent financial audit if the Tribe is found not to be in
247	247	compliance with this compact.
248	248	E. A summary of the rules for playing covered games must be
249	249	displayed in a facility. A complete set of rules must be available
250	250	at a facility and provided to a person on request. A copy of the
251	251	rules must be provided to the SCA not later than the 30th day after
252	252	the date the rules are issued or amended.
253	253	F. The Tribe shall provide the commission and SCA with a
254	254	chart of the supervisory authority of individuals directly
255	255	responsible for the conduct of covered games, and shall promptly
256	256	notify the commission and the SCA of any material change to the
257	257	supervisory authority.
258	258	G. The Tribe shall continue to maintain a proactive approach
259	259	to prevent improper alcohol sales, drunk driving, underage
260	260	drinking, and underage gambling that involves extensive staff
261	261	training and certification, patron education, and the use of
262	262	security personnel and surveillance equipment to enhance patrons'
263	263	enjoyment of the facilities and provide for patron safety. Staff
264	264	training must include specialized employee training in nonviolent
265	265	crisis intervention, driver's license verification, and the
266	266	detection of intoxication. Patron education may be accomplished by
267	267	printing a notice on a valet parking stub, posting a sign in the
268	268	facilities, and publishing brochures. The facilities must have
269	269	roving and fixed security officers, along with surveillance
270	270	cameras, to assist in the detection of intoxicated patrons,
271	271	investigate problems, and engage patrons to de-escalate volatile
272	272	situations. This Part does not create a cause of action or claim
273	273	against the State, the Tribe, the commission, or any other person,
274	274	entity, or agency for failing to fulfill a requirement of this Part.
275	275	H. A person under 21 years of age may not play a covered game
276	276	unless state law authorizes the play of the same or similar games by
277	277	persons under 21 years of age at locations under the state's
278	278	jurisdiction.
279	279	I. The Tribe and the commission shall make available a copy
280	280	of the following documents to any member of the public on request:
281	281	1. the Tribal gaming ordinance;
282	282	2. this compact;
283	283	3. the rules of each covered game operated by the
284	284	Tribe; and
285	285	4. the administrative procedures for addressing
286	286	patron tort claims under Part VI of this compact.
287	287	PART VI. PATRON DISPUTES, TORT CLAIMS; PRIZE CLAIMS; LIMITED
288	288	CONSENT TO SUIT
289	289	A. All patron disputes shall be resolved under the
290	290	procedures established by Section 113 of the Tribe's Gaming
291	291	Ordinance.
292	292	B. The Tribe shall ensure that a patron of a facility is
293	293	afforded due process in seeking and receiving just and reasonable
294	294	compensation for a tort claim for personal injury or property
295	295	damage against a facility arising out of an incident occurring at a
296	296	facility. During the term of this compact, the Tribe shall maintain
297	297	public liability insurance for the express purposes of providing
298	298	coverage for a tort claim. The insurance must have liability limits
299	299	of not less than $250,000 for any one person and $500,000 for any
300	300	one occurrence for personal injury, and $100,000 for any one
301	301	occurrence for property damage, or the corresponding limits under
302	302	Section 101.023(a), Texas Civil Practice and Remedies Code,
303	303	whichever is greater. A tort claim, including a claim for
304	304	compensatory and punitive damages, costs, prejudgment interest,
305	305	and attorney's fees arising out of any claim brought or asserted
306	306	against the Tribe, its subordinate governmental and economic units,
307	307	and any Tribal officials, employees, servants, or agents in their
308	308	official capacities, may not be paid in an amount that exceeds the
309	309	limits of liability of insurance.
310	310	C. The Tribe shall ensure that patrons of a facility are
311	311	afforded due process in seeking and receiving just and reasonable
312	312	compensation arising from a patron's dispute, in connection with
313	313	the patron's play of a covered game, the amount of a prize that has
314	314	been awarded, the failure to award a prize, or the right to receive
315	315	a refund.
316	316	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
317	317	A. The Tribe and the commission are responsible for
318	318	regulating activities under this compact. The Tribe shall adopt or
319	319	issue standards designed to ensure that the facilities are
320	320	constructed, operated, and maintained to adequately protect the
321	321	environment and public health and safety.
322	322	B. A commission compliance officer shall be available to a
323	323	facility during operation on reasonable notice and shall have
324	324	immediate and complete access to a facility to ensure compliance
325	325	with this compact. The commission shall investigate a suspected or
326	326	reported violation of this part of this compact and shall timely
327	327	file an official written report of the investigation and action
328	328	taken on the violation, and shall send a copy of the investigative
329	329	report to the SCA not later than the 30th day after the date the
330	330	commission files the report. The scope of the report must be
331	331	determined by a memorandum of understanding between the commission
332	332	and the SCA as soon as practicable after the effective date of this
333	333	compact. A violation must be reported immediately to the
334	334	commission, and the commission shall immediately forward the
335	335	violation to the SCA. In addition, the commission shall promptly
336	336	report to the SCA a violation which the commission independently
337	337	discovers.
338	338	C. Representatives of the commission and the SCA shall meet
339	339	at least once each year to review past practices and examine methods
340	340	to improve the regulatory scheme created by this compact. The
341	341	meetings shall take place at a location agreed to by the commission
342	342	and the SCA. The SCA, before or during a meeting, shall disclose to
343	343	the commission any concerns, suspected activities, or pending
344	344	matters reasonably believed to constitute a violation of this
345	345	compact by any person, organization, or entity, if the disclosure
346	346	will not compromise the interest sought to be protected.
347	347	PART VIII. STATE MONITORING OF COMPACT
348	348	A. The SCA may, under this compact, monitor the conduct of a
349	349	covered game to ensure that a covered game is conducted in
350	350	compliance with this compact. In order to properly monitor the
351	351	conduct of a covered game, an agent of the SCA may have, without
352	352	prior notice, reasonable access to all public areas of a facility
353	353	where a covered game is conducted under this compact. An SCA agent
354	354	must report to a commission officer immediately on arrival at the
355	355	facility. An SCA agent may not enter a nonpublic area of a facility
356	356	without giving the commission notice of the agent's arrival 24
357	357	hours before the hour of the agent's arrival and, on arrival,
358	358	providing proper photographic identification. A commission
359	359	officer shall accompany an SCA agent in a nonpublic area of a
360	360	facility.
361	361	B. Subject to this compact, an SCA agent has the right to
362	362	review and request a copy of a document of the facility related to
363	363	the conduct of a covered game. The review and copying of the
364	364	document must be during normal business hours unless otherwise
365	365	allowed by the Tribe at the Tribe's discretion. The Tribe may not
366	366	refuse an inspection or request to copy a document, provided that an
367	367	agent cannot require copies of documents in a volume that
368	368	unreasonably interferes with the normal functioning of the facility
369	369	or a covered game.
370	370	C. After an SCA inspection or investigation, the SCA shall
371	371	send to the commission a written report of the inspection or
372	372	investigation that contains all pertinent, nonconfidential,
373	373	nonproprietary information about a violation of an applicable law
374	374	or this compact discovered during an inspection or investigation
375	375	unless disclosure of the information would adversely affect an
376	376	investigation of suspected criminal activity. This compact does
377	377	not prevent the SCA from contacting a tribal or federal law
378	378	enforcement authority about suspected criminal wrongdoing
379	379	involving the commission.
380	380	D. This compact does not authorize the State to regulate the
381	381	Tribe's government or the commission or to interfere with the
382	382	Tribe's selection of the Tribe's governmental officers or members
383	383	of the commission.
384	384	PART IX. JURISDICTION
385	385	The obligations and rights of the State and the Tribe under
386	386	this compact are contractual in nature, and this compact does not
387	387	alter tribal, federal, or state civil or criminal jurisdiction.
388	388	PART X. LICENSING
389	389	The Tribe and the commission shall comply with the licensing
390	390	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
391	391	applicable licensing requirements in the Tribe's Gaming Ordinance.
392	392	PART XI. PAYMENTS TO THE STATE OF TEXAS
393	393	A. The parties acknowledge and recognize that this compact
394	394	provides the Tribe with substantial exclusivity and, consistent
395	395	with the goals of the IGRA, special opportunities for tribal
396	396	economic opportunity through covered gaming activity in the State.
397	397	In consideration of the substantial exclusivity, only while the
398	398	State does not, after January 1, 2015, authorize or allow the
399	399	operation of any additional form of gaming, including slot
400	400	machines, video lottery terminals, video pull-tab games,
401	401	electronic bingo, banked and banking card games, or another type of
402	402	table gaming game, within 200 nautical miles of the boundary of the
403	403	Tribe's reservation, the Tribe agrees to pay the State a percentage
404	404	of the revenue derived from covered game revenues in an amount equal
405	405	to three percent of the net win received by the Tribe in a calendar
406	406	year from the play of Class III covered games. The amount is due and
407	407	payable not later than the 20th day after the last date of the
408	408	preceding quarter for the revenue received by the Tribe in the
409	409	preceding quarter.
410	410	B. Payment of revenue due under Part XI.A of this compact
411	411	must be made to the comptroller of public accounts of the State.
412	412	Nothing in this compact allocates the revenue to a particular State
413	413	purpose, including regulatory responsibilities under this compact.
414	414	C. This compact does not authorize the State to impose any
415	415	tax, fee, charge, or assessment on the Tribe or an enterprise of the
416	416	Tribe.
417	417	PART XII. DISPUTE RESOLUTION
418	418	A dispute under this compact, including a dispute over
419	419	compliance with or the interpretation of the terms of this compact,
420	420	must be resolved amicably and voluntarily when possible. In
421	421	pursuit of this goal, the following procedures may be invoked:
422	422	A. A party asserting noncompliance or seeking an
423	423	interpretation of this compact first shall serve written notice on
424	424	the other party. The notice must identify the provision alleged to
425	425	have been violated or in dispute and must specify in detail the
426	426	factual basis for the claim. Representatives of the Tribe and State
427	427	shall meet in an effort to resolve the dispute not later than the
428	428	30th day after the date of receipt of notice unless the parties
429	429	agree to extend the time.
430	430	B. A party asserting noncompliance or seeking an
431	431	interpretation of this compact is considered to have certified that
432	432	to the best of the party's knowledge, information, and belief,
433	433	formed after reasonable inquiry, the claim of noncompliance or the
434	434	request for interpretation of this compact is warranted and made in
435	435	good faith and not for any improper purpose, such as to harass or to
436	436	cause unnecessary delay or expense to resolve the dispute.
437	437	C. If the parties are unable to resolve a dispute
438	438	through the process specified in Part XII.A of this compact, either
439	439	party can call for mediation under the Commercial Mediation Rules
440	440	and Procedures of the American Arbitration Association (AAA) or any
441	441	such successor procedures, provided that the mediation does not
442	442	last more than 15 calendar days unless the parties agree to an
443	443	extension to this time limit. Mediation is only available for
444	444	resolving disputes over matters arising under this compact.
445	445	D. If the parties are unable to resolve a dispute
446	446	through the process under Parts XII.A and XII.C of this compact,
447	447	notwithstanding any other provision of law, the State or Tribe may
448	448	bring an action in federal district court ("federal court")
449	449	regarding any dispute arising under this compact in a district in
450	450	which the federal court has venue. If the federal court declines to
451	451	exercise jurisdiction, or federal precedent exists that rules that
452	452	the federal court does not have jurisdiction over the dispute, the
453	453	State or the Tribe may bring the action in state court. The State
454	454	and the Tribe are entitled to all rights of appeal permitted by law
455	455	in the court system in which the action is brought.
456	456	E. For purposes of an action based solely on a dispute
457	457	between the State and the Tribe that arises under this compact and
458	458	the enforcement of any judgment resulting from the action, the
459	459	State and the Tribe expressly waive the right to assert sovereign
460	460	immunity from suit and from enforcement of any judgment, and
461	461	consent to be sued in all levels of federal or state court, provided
462	462	that:
463	463	1. the dispute is limited solely to issues
464	464	arising under this compact;
465	465	2. the action does not include a claim for
466	466	monetary damages, other than payment of any money required by the
467	467	terms of this compact, and injunctive relief or specific
468	468	performance enforcing a provision of this compact requiring the
469	469	payment of money to the State may be sought; and
470	470	3. nothing in this compact may be construed to
471	471	constitute a waiver of the sovereign immunity of the State or the
472	472	Tribe with respect to a third party that is made a party or
473	473	intervenes as a party in an action.
474	474	F. In the event that intervention, joinder, or other
475	475	participation by a third party in any action between the State and
476	476	the Tribe would result in the waiver of the State's or the Tribe's
477	477	sovereign immunity to the third party's claim, the waiver of the
478	478	State or the Tribe under this compact may be revoked.
479	479	G. The State may pursue any mediation or judicial
480	480	remedy against the Tribe if the State failed to exhaust Tribal
481	481	administrative remedies.
482	482	H. Notwithstanding anything to the contrary in this
483	483	part, the Tribe's failure to remit a payment under this compact
484	484	entitles the State to seek injunctive relief in federal or state
485	485	court, at the State's sole discretion, to compel the payments after
486	486	exhausting the dispute resolution process in Part XII of this
487	487	compact.
488	488	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
489	489	A. Each provision, section, and subsection of this compact
490	490	shall stand separate and independent of every other provision. If a
491	491	federal district court in Texas or other court of competent
492	492	jurisdiction finds a provision of this compact to be invalid, the
493	493	remaining provisions of this compact remain in full force and
494	494	effect, provided that severing the invalidated provision does not
495	495	undermine the overall intent of the parties in entering into this
496	496	compact.
497	497	B. This compact is intended to meet the requirements of the
498	498	IGRA on the effective date of this compact, and where reference is
499	499	made to the IGRA, or to an implementing regulation of the IGRA, the
500	500	reference is considered to be incorporated into this document as if
501	501	set in full. Changes to the IGRA after the effective date of this
502	502	compact that diminish the rights of the State or Tribe may not be
503	503	applied to alter the terms of this compact, except to the extent
504	504	that federal law mandates that retroactive application without the
505	505	respective consent of the State or Tribe.
506	506	C. The presence or absence of language in this compact that
507	507	is present in or absent from another compact between a state and
508	508	another Indian tribe may not be a factor in construing the terms of
509	509	this compact.
510	510	D. Each party shall defend the validity of this compact.
511	511	E. On execution of this compact, the Tribe shall submit the
512	512	compact to the United States Secretary of the Interior, and the
513	513	parties shall cooperate in seeking the Secretary's approval of this
514	514	compact.
515	515	F. Nothing in this compact may be construed to limit,
516	516	restrict, or regulate the Tribe's right to offer Class I and Class
517	517	II gaming as authorized under the IGRA.
518	518	PART XIV. NOTICES
519	519	A notice required under this compact must be given by
520	520	certified mail, return receipt requested, commercial overnight
521	521	courier service, or personal delivery, to:
522	522	Governor
523	523	State of Texas
524	524	State Insurance Building
525	525	1100 San Jacinto
526	526	Austin, TX 78701
527	527	Chairman - Tribal Council
528	528	Kickapoo Traditional Tribe of Texas
529	529	HCR1 9700
530	530	Eagle Pass, TX 78852
531	531	With copies to the general counsel for each party.
532	532	PART XV. EFFECTIVE DATE AND TERM
533	533	A. This compact is effective on approval either by the
534	534	United States Secretary of the Interior as a tribal-state compact
535	535	under the IGRA or by operation of law and on publication of the
536	536	notice of approval in the Federal Register.
537	537	B. This compact has a term of 25 years beginning on the day
538	538	the compact becomes effective under Part XV.A of this compact. This
539	539	compact remains in full force and effect until the earlier of the
540	540	25th anniversary of the day the compact becomes effective or until
541	541	terminated by agreement of the parties. If either the State or the
542	542	Tribe wishes to extend the term of this compact, the party shall
543	543	notify the other at least 18 months before the date that this
544	544	compact will expire. The parties shall begin negotiations at least
545	545	12 months before the term expires.
546	546	PART XVI. AMENDMENT OF COMPACT
547	547	Amendment of this compact may only be made by written
548	548	agreement of the parties, subject to approval either by the United
549	549	States Secretary of the Interior or by operation of law and is
550	550	effective on publication of the notice of approval in the Federal
551	551	Register.
552	552	PART XVII. MISCELLANEOUS
553	553	A. Except to the extent expressly provided in this compact,
554	554	this compact does not create a right for a third party to bring an
555	555	action to enforce a term of this compact.
556	556	B. Nothing in this compact shall alter any existing
557	557	memoranda of understanding, contracts, or other agreements entered
558	558	into between the Tribe and any other federal, state, or local
559	559	governmental entity.
560	560	PART XVIII. EXECUTION
561	561	The chairman of the Tribal Council of the Kickapoo
562	562	Traditional Tribe of Texas affirms that the chairman is duly
563	563	authorized and has the authority to execute this compact on behalf
564	564	of the Tribe. The chairman also affirms that the chairman will take
565	565	all appropriate steps to effectuate the purposes and intent of this
566	566	compact.
567	567	(d) The Secretary of State may adopt rules necessary for
568	568	this state to carry out its responsibilities under this section
569	569	unless the Legislature enacts laws authorizing another state agency
570	570	to administer this section. The rules may not apply to the Tribe.
571	571	(e) All shipments of gaming equipment or other gaming
572	572	devices into, out of, or within this state authorized under this
573	573	section or a law enacted under this section are legal shipments of
574	574	the devices and are exempt from the provisions of 15 U.S.C. Sections
575	575	1171-1178 prohibiting the transportation of gambling devices.
576	576	SECTION 3. This proposed constitutional amendment shall be
577	577	submitted to the voters at an election to be held November 3, 2015.
578	578	The ballot shall be printed to permit voting for or against the
579	579	proposition: "The constitutional amendment authorizing the
580	580	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
581	581	a gaming agreement with this state."