84R13278 YDB-F
By: RodrÃguez S.J.R. No. 51
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the Ysleta del Sur
Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to conduct
all forms of gaming on certain tribal land and requiring the tribes
to annually pay five percent of net proceeds from gaming to the
comptroller of public accounts for deposit in the general revenue
fund.
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) This section and the Ysleta del Sur Pueblo and
Alabama and Coushatta Indian Tribes of Texas Restoration Act (Pub.
L. No. 100-89) do not prohibit the Ysleta del Sur Pueblo Tribe and
Alabama-Coushatta Tribe of Texas from conducting all forms of
gaming, including gambling, betting, lottery, and bingo, on land
that is part of the tribe's reservation as that term is defined by
25 U.S.C. Section 1300g(3) or 25 U.S.C. Section 731(3), as
applicable, or prohibit the conduct of gaming on that land. This
state does not have any civil or criminal regulatory jurisdiction
over any form of gaming conducted by a tribe on that land, provided
the tribe:
(1) submits the tribe's gaming ordinances under which
the tribe will conduct gaming on that land to the assistant
secretary for Indian affairs of the United States Department of the
Interior and receives approval of the gaming ordinances from the
assistant secretary;
(2) is under the regulatory jurisdiction of the United
States Department of the Interior or another federal agency for all
gaming activities conducted on that land; and
(3) annually pays to the comptroller of public
accounts of this state for deposit in the general revenue fund an
amount equal to five percent of the net proceeds the tribe receives
from all gaming conducted on that land.
(b) In this section, "net proceeds" means the amount of
money remaining after deducting all expenses necessary to conduct
gaming, manage the tribal gaming organization, and pay prizes,
fees, and other related expenses.
(c) 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.
(d) It is a defense to prosecution under Chapter 47, Penal
Code, or any subsequent amendment, revision, or recodification of
that chapter, that the gaming was conducted on land of the Ysleta
del Sur Pueblo Tribe or the Alabama-Coushatta Tribe of Texas as
authorized under this section.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 84th Legislature,
Regular Session, 2015, authorizing the Ysleta del Sur Pueblo Tribe
and the Alabama-Coushatta Tribe of Texas to conduct all forms of
gaming on certain tribal land.
(b) Not later than June 1, 2017, the legislature by general
law shall enact legislation to amend Chapter 47, Penal Code, to
provide a defense to prosecution under that chapter for gaming
conducted on land of the Ysleta del Sur Pueblo Tribe or the
Alabama-Coushatta Tribe of Texas as authorized under Section 47,
Article III, Texas Constitution.
(c) This temporary provision expires January 1, 2018.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment authorizing the Ysleta
del Sur Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to
conduct all forms of gaming on certain tribal land and requiring the
tribes to annually pay five percent of net proceeds from gaming to
the comptroller of public accounts for deposit in the general
revenue fund."