Texas 2017 - 85th Regular

Texas House Bill HJR59 Compare Versions

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1	1	85R5005 GCB-F
2	2	By: Nevárez H.J.R. No. 59
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), (d-1), and (e) of this section and Section 47a
16	16	of 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, 2017, 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 of this compact creates a cause of action or claim against the
219	219	State, the Tribe, the commission, or any other person, entity, or
220	220	agency for failing to identify a patron or person who is a
221	221	compulsive gambler 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 of this compact does not create a cause of
273	273	action or claim against the State, the Tribe, the commission, or any
274	274	other person, entity, or agency for failing to fulfill a
275	275	requirement of this part.
276	276	H. A person under 21 years of age may not play a covered game
277	277	unless state law authorizes the play of the same or similar games by
278	278	persons under 21 years of age at locations under the state's
279	279	jurisdiction.
280	280	I. The Tribe and the commission shall make available a copy
281	281	of the following documents to any member of the public on request:
282	282	1. the Tribal gaming ordinance;
283	283	2. this compact;
284	284	3. the rules of each covered game operated by the
285	285	Tribe; and
286	286	4. the administrative procedures for addressing
287	287	patron tort claims under Part VI of this compact.
288	288	PART VI. PATRON DISPUTES; TORT CLAIMS; PRIZE CLAIMS; LIMITED
289	289	CONSENT TO SUIT
290	290	A. All patron disputes shall be resolved under the
291	291	procedures established by Section 113 of the Tribe's Gaming
292	292	Ordinance.
293	293	B. The Tribe shall ensure that a patron of a facility is
294	294	afforded due process in seeking and receiving just and reasonable
295	295	compensation for a tort claim for personal injury or property
296	296	damage against a facility arising out of an incident occurring at a
297	297	facility. During the term of this compact, the Tribe shall maintain
298	298	public liability insurance for the express purposes of providing
299	299	coverage for a tort claim. The insurance must have liability limits
300	300	of not less than $250,000 for any one person and $500,000 for any
301	301	one occurrence for personal injury, and $100,000 for any one
302	302	occurrence for property damage, or the corresponding limits under
303	303	Section 101.023(a), Texas Civil Practice and Remedies Code,
304	304	whichever is greater. A tort claim, including a claim for
305	305	compensatory and punitive damages, costs, prejudgment interest,
306	306	and attorney's fees arising out of any claim brought or asserted
307	307	against the Tribe, its subordinate governmental and economic units,
308	308	and any Tribal officials, employees, servants, or agents in their
309	309	official capacities, may not be paid in an amount that exceeds the
310	310	limits of liability of insurance.
311	311	C. The Tribe shall ensure that patrons of a facility are
312	312	afforded due process in seeking and receiving just and reasonable
313	313	compensation arising from a patron's dispute, in connection with
314	314	the patron's play of a covered game, the amount of a prize that has
315	315	been awarded, the failure to award a prize, or the right to receive
316	316	a refund.
317	317	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
318	318	A. The Tribe and the commission are responsible for
319	319	regulating activities under this compact. The Tribe shall adopt or
320	320	issue standards designed to ensure that the facilities are
321	321	constructed, operated, and maintained to adequately protect the
322	322	environment and public health and safety.
323	323	B. A commission compliance officer shall be available to a
324	324	facility during operation on reasonable notice and shall have
325	325	immediate and complete access to a facility to ensure compliance
326	326	with this compact. The commission shall investigate a suspected or
327	327	reported violation of this part of this compact and shall timely
328	328	file an official written report of the investigation and action
329	329	taken on the violation, and shall send a copy of the investigative
330	330	report to the SCA not later than the 30th day after the date the
331	331	commission files the report. The scope of the report must be
332	332	determined by a memorandum of understanding between the commission
333	333	and the SCA as soon as practicable after the effective date of this
334	334	compact. A violation must be reported immediately to the
335	335	commission, and the commission shall immediately forward the
336	336	violation to the SCA. In addition, the commission shall promptly
337	337	report to the SCA a violation which the commission independently
338	338	discovers.
339	339	C. Representatives of the commission and the SCA shall meet
340	340	at least once each year to review past practices and examine methods
341	341	to improve the regulatory scheme created by this compact. The
342	342	meetings shall take place at a location agreed to by the commission
343	343	and the SCA. The SCA, before or during a meeting, shall disclose to
344	344	the commission any concerns, suspected activities, or pending
345	345	matters reasonably believed to constitute a violation of this
346	346	compact by any person, organization, or entity, if the disclosure
347	347	will not compromise the interest sought to be protected.
348	348	PART VIII. STATE MONITORING OF COMPACT
349	349	A. The SCA may, under this compact, monitor the conduct of a
350	350	covered game to ensure that a covered game is conducted in
351	351	compliance with this compact. In order to properly monitor the
352	352	conduct of a covered game, an agent of the SCA may have, without
353	353	prior notice, reasonable access to all public areas of a facility
354	354	where a covered game is conducted under this compact. An SCA agent
355	355	must report to a commission officer immediately on arrival at the
356	356	facility. An SCA agent may not enter a nonpublic area of a facility
357	357	without giving the commission notice of the agent's arrival 24
358	358	hours before the hour of the agent's arrival and, on arrival,
359	359	providing proper photographic identification. A commission
360	360	officer shall accompany an SCA agent in a nonpublic area of a
361	361	facility.
362	362	B. Subject to this compact, an SCA agent has the right to
363	363	review and request a copy of a document of the facility related to
364	364	the conduct of a covered game. The review and copying of the
365	365	document must be during normal business hours unless otherwise
366	366	allowed by the Tribe at the Tribe's discretion. The Tribe may not
367	367	refuse an inspection or request to copy a document, provided that an
368	368	agent cannot require copies of documents in a volume that
369	369	unreasonably interferes with the normal functioning of the facility
370	370	or a covered game.
371	371	C. After an SCA inspection or investigation, the SCA shall
372	372	send to the commission a written report of the inspection or
373	373	investigation that contains all pertinent, nonconfidential,
374	374	nonproprietary information about a violation of an applicable law
375	375	or this compact discovered during an inspection or investigation
376	376	unless disclosure of the information would adversely affect an
377	377	investigation of suspected criminal activity. This compact does
378	378	not prevent the SCA from contacting a tribal or federal law
379	379	enforcement authority about suspected criminal wrongdoing
380	380	involving the commission.
381	381	D. This compact does not authorize the State to regulate the
382	382	Tribe's government or the commission or to interfere with the
383	383	Tribe's selection of the Tribe's governmental officers or members
384	384	of the commission.
385	385	PART IX. JURISDICTION
386	386	The obligations and rights of the State and the Tribe under
387	387	this compact are contractual in nature, and this compact does not
388	388	alter tribal, federal, or state civil or criminal jurisdiction.
389	389	PART X. LICENSING
390	390	The Tribe and the commission shall comply with the licensing
391	391	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
392	392	applicable licensing requirements in the Tribe's Gaming Ordinance.
393	393	PART XI. PAYMENTS TO THE STATE OF TEXAS
394	394	A. The parties acknowledge and recognize that this compact
395	395	provides the Tribe with substantial exclusivity and, consistent
396	396	with the goals of the IGRA, special opportunities for tribal
397	397	economic opportunity through covered gaming activity in the State.
398	398	In consideration of the substantial exclusivity, only while the
399	399	State does not, after January 1, 2017, authorize or allow the
400	400	operation of any additional form of gaming, including slot
401	401	machines, video lottery terminals, video pull-tab games,
402	402	electronic bingo, banked and banking card games, or another type of
403	403	table gaming game, within 200 nautical miles of the boundary of the
404	404	Tribe's reservation, the Tribe agrees to pay the State a percentage
405	405	of the revenue derived from covered game revenues in an amount equal
406	406	to three percent of the net win received by the Tribe in a calendar
407	407	year from the play of Class III covered games. The amount is due and
408	408	payable not later than the 20th day after the last date of the
409	409	preceding quarter for the revenue received by the Tribe in the
410	410	preceding quarter.
411	411	B. Payment of revenue due under Part XI.A of this compact
412	412	must be made to the comptroller of public accounts of the State.
413	413	Nothing in this compact allocates the revenue to a particular State
414	414	purpose, including regulatory responsibilities under this compact.
415	415	C. This compact does not authorize the State to impose any
416	416	tax, fee, charge, or assessment on the Tribe or an enterprise of the
417	417	Tribe.
418	418	PART XII. DISPUTE RESOLUTION
419	419	A dispute under this compact, including a dispute over
420	420	compliance with or the interpretation of the terms of this compact,
421	421	must be resolved amicably and voluntarily when possible. In
422	422	pursuit of this goal, the following procedures may be invoked:
423	423	A. A party asserting noncompliance or seeking an
424	424	interpretation of this compact first shall serve written notice on
425	425	the other party. The notice must identify the provision alleged to
426	426	have been violated or in dispute and must specify in detail the
427	427	factual basis for the claim. Representatives of the Tribe and State
428	428	shall meet in an effort to resolve the dispute not later than the
429	429	30th day after the date of receipt of notice unless the parties
430	430	agree to extend the time.
431	431	B. A party asserting noncompliance or seeking an
432	432	interpretation of this compact is considered to have certified that
433	433	to the best of the party's knowledge, information, and belief,
434	434	formed after reasonable inquiry, the claim of noncompliance or the
435	435	request for interpretation of this compact is warranted and made in
436	436	good faith and not for any improper purpose, such as to harass or to
437	437	cause unnecessary delay or expense to resolve the dispute.
438	438	C. If the parties are unable to resolve a dispute
439	439	through the process specified in Part XII.A of this compact, either
440	440	party can call for mediation under the Commercial Mediation Rules
441	441	and Procedures of the American Arbitration Association (AAA) or any
442	442	such successor procedures, provided that the mediation does not
443	443	last more than 15 calendar days unless the parties agree to an
444	444	extension to this time limit. Mediation is only available for
445	445	resolving disputes over matters arising under this compact.
446	446	D. If the parties are unable to resolve a dispute
447	447	through the process under Parts XII.A and XII.C of this compact,
448	448	notwithstanding any other provision of law, the State or Tribe may
449	449	bring an action in federal district court ("federal court")
450	450	regarding any dispute arising under this compact in a district in
451	451	which the federal court has venue. If the federal court declines to
452	452	exercise jurisdiction, or federal precedent exists that rules that
453	453	the federal court does not have jurisdiction over the dispute, the
454	454	State or the Tribe may bring the action in state court. The State
455	455	and the Tribe are entitled to all rights of appeal permitted by law
456	456	in the court system in which the action is brought.
457	457	E. For purposes of an action based solely on a dispute
458	458	between the State and the Tribe that arises under this compact and
459	459	the enforcement of any judgment resulting from the action, the
460	460	State and the Tribe expressly waive the right to assert sovereign
461	461	immunity from suit and from enforcement of any judgment, and
462	462	consent to be sued in all levels of federal or state court, provided
463	463	that:
464	464	1. the dispute is limited solely to issues
465	465	arising under this compact;
466	466	2. the action does not include a claim for
467	467	monetary damages, other than payment of any money required by the
468	468	terms of this compact, and injunctive relief or specific
469	469	performance enforcing a provision of this compact requiring the
470	470	payment of money to the State may be sought; and
471	471	3. nothing in this compact may be construed to
472	472	constitute a waiver of the sovereign immunity of the State or the
473	473	Tribe with respect to a third party that is made a party or
474	474	intervenes as a party in an action.
475	475	F. In the event that intervention, joinder, or other
476	476	participation by a third party in any action between the State and
477	477	the Tribe would result in the waiver of the State's or the Tribe's
478	478	sovereign immunity to the third party's claim, the waiver of the
479	479	State or the Tribe under this compact may be revoked.
480	480	G. The State may pursue any mediation or judicial
481	481	remedy against the Tribe if the State failed to exhaust Tribal
482	482	administrative remedies.
483	483	H. Notwithstanding anything to the contrary in this
484	484	part of this compact, the Tribe's failure to remit a payment under
485	485	this compact entitles the State to seek injunctive relief in
486	486	federal or state court, at the State's sole discretion, to compel
487	487	the payments after exhausting the dispute resolution process in
488	488	this part of this compact.
489	489	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
490	490	A. Each provision, section, and subsection of this compact
491	491	shall stand separate and independent of every other provision. If a
492	492	federal district court in Texas or other court of competent
493	493	jurisdiction finds a provision of this compact to be invalid, the
494	494	remaining provisions of this compact remain in full force and
495	495	effect, provided that severing the invalidated provision does not
496	496	undermine the overall intent of the parties in entering into this
497	497	compact.
498	498	B. This compact is intended to meet the requirements of the
499	499	IGRA on the effective date of this compact, and where reference is
500	500	made to the IGRA, or to an implementing regulation of the IGRA, the
501	501	reference is considered to be incorporated into this document as if
502	502	set in full. Changes to the IGRA after the effective date of this
503	503	compact that diminish the rights of the State or Tribe may not be
504	504	applied to alter the terms of this compact, except to the extent
505	505	that federal law mandates that retroactive application without the
506	506	respective consent of the State or Tribe.
507	507	C. The presence or absence of language in this compact that
508	508	is present in or absent from another compact between a state and
509	509	another Indian tribe may not be a factor in construing the terms of
510	510	this compact.
511	511	D. Each party shall defend the validity of this compact.
512	512	E. On execution of this compact, the Tribe shall submit the
513	513	compact to the United States Secretary of the Interior, and the
514	514	parties shall cooperate in seeking the Secretary's approval of this
515	515	compact.
516	516	F. Nothing in this compact may be construed to limit,
517	517	restrict, or regulate the Tribe's right to offer Class I and Class
518	518	II gaming as authorized under the IGRA.
519	519	PART XIV. NOTICES
520	520	A notice required under this compact must be given by
521	521	certified mail, return receipt requested, commercial overnight
522	522	courier service, or personal delivery, to:
523	523	Governor
524	524	State of Texas
525	525	State Insurance Building
526	526	1100 San Jacinto
527	527	Austin, TX 78701
528	528	Chairman - Tribal Council
529	529	Kickapoo Traditional Tribe of Texas
530	530	HCR1 9700
531	531	Eagle Pass, TX 78852
532	532	With copies to the general counsel for each party.
533	533	PART XV. EFFECTIVE DATE AND TERM
534	534	A. This compact is effective on approval either by the
535	535	United States Secretary of the Interior as a tribal-state compact
536	536	under the IGRA or by operation of law and on publication of the
537	537	notice of approval in the Federal Register.
538	538	B. This compact has a term of 25 years beginning on the day
539	539	the compact becomes effective under Part XV.A of this compact. This
540	540	compact remains in full force and effect until the earlier of the
541	541	25th anniversary of the day the compact becomes effective or until
542	542	terminated by agreement of the parties. If either the State or the
543	543	Tribe wishes to extend the term of this compact, the party shall
544	544	notify the other at least 18 months before the date that this
545	545	compact will expire. The parties shall begin negotiations at least
546	546	12 months before the term expires.
547	547	PART XVI. AMENDMENT OF COMPACT
548	548	Amendment of this compact may only be made by written
549	549	agreement of the parties, subject to approval either by the United
550	550	States Secretary of the Interior or by operation of law and is
551	551	effective on publication of the notice of approval in the Federal
552	552	Register.
553	553	PART XVII. MISCELLANEOUS
554	554	A. Except to the extent expressly provided in this compact,
555	555	this compact does not create a right for a third party to bring an
556	556	action to enforce a term of this compact.
557	557	B. Nothing in this compact shall alter any existing
558	558	memoranda of understanding, contracts, or other agreements entered
559	559	into between the Tribe and any other federal, state, or local
560	560	governmental entity.
561	561	PART XVIII. EXECUTION
562	562	The chairman of the Tribal Council of the Kickapoo
563	563	Traditional Tribe of Texas affirms that the chairman is duly
564	564	authorized and has the authority to execute this compact on behalf
565	565	of the Tribe. The chairman also affirms that the chairman will take
566	566	all appropriate steps to effectuate the purposes and intent of this
567	567	compact.
568	568	(d) The Secretary of State may adopt rules necessary for
569	569	this state to carry out its responsibilities under this section
570	570	unless the Legislature enacts laws authorizing another state agency
571	571	to administer this section. The rules may not apply to the Tribe.
572	572	(e) All shipments of gaming equipment or other gaming
573	573	devices into, out of, or within this state authorized under this
574	574	section or a law enacted under this section are legal shipments of
575	575	the devices and are exempt from the provisions of 15 U.S.C. Sections
576	576	1171-1178 prohibiting the transportation of gambling devices.
577	577	SECTION 3. This proposed constitutional amendment shall be
578	578	submitted to the voters at an election to be held November 7, 2017.
579	579	The ballot shall be printed to permit voting for or against the
580	580	proposition: "The constitutional amendment authorizing the
581	581	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
582	582	a gaming agreement with this state."