Texas 2021 - 87th Regular

Texas House Bill HJR112 Compare Versions

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

Old	New	Differences
1	1	By: Morales of Maverick H.J.R. No. 112
2	2
3	3
4	4	A JOINT RESOLUTION
5	5	proposing a constitutional amendment to authorize the Kickapoo
6	6	Traditional Tribe of Texas to conduct gaming by executing a gaming
7	7	agreement with this state; providing for licensing of persons under
8	8	the agreement; limiting certain taxes and fees.
9	9	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 47(a), Article III, Texas Constitution,
11	11	is amended to read as follows:
12	12	(a) The Legislature shall pass laws prohibiting lotteries
13	13	and gift enterprises in this State other than those authorized by
14	14	Subsections (b), (d), (d-1), and (e) of this section and Section 47a
15	15	of this article.
16	16	SECTION 2. Article III, Texas Constitution, is amended by
17	17	adding Section 47a to read as follows:
18	18	Sec. 47a. (a) The chairman of the federally recognized
19	19	Kickapoo Traditional Tribe of Texas may execute a gaming agreement
20	20	containing the terms set forth in Subsection (c) of this section on
21	21	receipt of a duly enacted resolution of the governing body of the
22	22	tribe authorizing the chairman to execute the agreement and on
23	23	provision of a copy of the resolution to the governor. The governor
24	24	of this state is not required to take any further action before the
25	25	gaming agreement becomes effective. The executed gaming agreement
26	26	constitutes a gaming compact between this state and the Tribe for
27	27	purposes of the federal Indian Gaming Regulatory Act (Pub. L.
28	28	No. 100-497). The Tribe is responsible for:
29	29	(1) providing a copy of the executed agreement to the
30	30	governor; and
31	31	(2) submitting a copy of the executed agreement to the
32	32	United States Secretary of the Interior for approval and
33	33	publication in the Federal Register.
34	34	(b) If, after January 1, 2021, video lottery terminals, slot
35	35	machines, or other forms of gaming are authorized under state law
36	36	within 200 nautical miles of the boundary of the Kickapoo
37	37	Traditional Tribe's reservation near Eagle Pass, Texas, the Tribe
38	38	is authorized to offer the same types of games or devices as
39	39	authorized under the other forms of gaming at a location designated
40	40	by the Tribe. The number of games or devices authorized at the
41	41	location is equal to the maximum number, if any, of games or devices
42	42	authorized under state law for other gaming locations. The
43	43	location must be on land owned or leased by the Tribe that is within
44	44	300 nautical miles of the boundary of the Kickapoo Traditional
45	45	Tribe's reservation but may not be within 30 nautical miles of a
46	46	licensed horse or greyhound racetrack in operation on the effective
47	47	date of the agreement executed under Subsection (a) of this
48	48	section. The gaming authorized under this subsection shall be
49	49	regulated by the Tribe and the Secretary of State. A rule on gaming
50	50	conducted by the Tribe that is adopted by the Secretary of State may
51	51	not be more restrictive than a rule applicable to other comparable
52	52	types of gaming licensed by this state. A tax or fee may not be
53	53	imposed on the Tribe in an amount that exceeds the amount of a tax or
54	54	fee imposed on the operators of other gaming facilities in this
55	55	state.
56	56	(c) A gaming agreement executed under Subsection (a) of this
57	57	section must be in the form and contain the provisions as follows:
58	58	GAMING AGREEMENT BETWEEN THE KICKAPOO TRADITIONAL TRIBE OF TEXAS
59	59	AND THE STATE OF TEXAS
60	60	This Agreement is entered into between the Kickapoo
61	61	Traditional Tribe of Texas, a federally recognized Indian Tribe
62	62	("Tribe"), and the State of Texas ("State"), with respect to the
63	63	operation of covered games (as defined herein) on the Tribe's
64	64	Indian lands as defined by Section 4(4), Indian Gaming Regulatory
65	65	Act (25 U.S.C. Section 2703(4)).
66	66	PART I. TITLE
67	67	This document shall be referred to as "The Kickapoo
68	68	Traditional Tribe of Texas and State of Texas Gaming Agreement."
69	69	PART II. RECITALS
70	70	1. The Tribe is a federally recognized tribal government
71	71	with sovereign powers and rights of self-government. The Tribe has
72	72	special gaming rights under the federal Indian Gaming Regulatory
73	73	Act (Pub. L. No. 100-497).
74	74	2. The State is a state of the United States possessing the
75	75	sovereign powers and rights of a state.
76	76	3. The State and the Tribe maintain a
77	77	government-to-government relationship, and this agreement will
78	78	foster mutual respect and understanding between Indians and
79	79	non-Indians.
80	80	4. The Tribe and the State jointly intend to protect the
81	81	integrity of gaming regulated under this agreement.
82	82	5. The gaming under this agreement will further the purposes
83	83	of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to
84	84	promote tribal economic development, self-sufficiency, and strong
85	85	tribal government, and will assist the Tribe in funding tribal
86	86	programs that provide needed services to the Tribe's members.
87	87	PART III. DEFINITIONS
88	88	In this compact:
89	89	A. "Class III gaming" means the forms of Class III
90	90	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
91	91	U.S.C. Section 2703(8)) and by the regulations of the National
92	92	Indian Gaming Commission.
93	93	B. "Commission" means the Kickapoo Traditional Tribe
94	94	of Texas Tribal Gaming Commission, which is the tribal governmental
95	95	agency that has the authority to carry out the Tribe's regulatory
96	96	and oversight responsibilities under this compact.
97	97	C. "Compact" means this gaming agreement between the
98	98	Kickapoo Traditional Tribe of Texas and the State of Texas.
99	99	D. "Covered game" or "covered gaming activity" means
100	100	Class III gaming activities that were determined to be available to
101	101	the Tribe by the United States Department of the Interior, video
102	102	lottery terminals, and any other Class III game of chance and/or
103	103	skill authorized by State law for any person after January 1, 2021.
104	104	E. "Covered game employee" or "covered employee" means
105	105	an individual employed and licensed by the Tribe whose
106	106	responsibilities include providing services related to the
107	107	operation, maintenance, or management of covered games. The term
108	108	includes:
109	109	1. managers and assistant managers;
110	110	2. accounting personnel;
111	111	3. commission officers;
112	112	4. surveillance and security personnel;
113	113	5. cashiers, supervisors, and floor personnel;
114	114	6. cage personnel; and
115	115	7. any other employee whose employment duties
116	116	require or authorize access to areas of a facility related to the
117	117	conduct of a covered game or the technical support or storage of a
118	118	covered game component.
119	119	"Covered game employee" or "covered employee" does not
120	120	include an elected official of the Tribe who is not directly
121	121	involved in the operation, maintenance, or management of a covered
122	122	game or covered game component.
123	123	F. "Document" means a book, a record, an electronic,
124	124	magnetic, or computer media document, or another writing or
125	125	material. The term includes a copy of any of those documents and
126	126	information contained in the document.
127	127	G. "Effective date" means the date on which the
128	128	compact becomes effective under Part XV.A of this compact.
129	129	H. "Facility" or "facilities" means a building or
130	130	buildings of the Tribe in which a covered game authorized by this
131	131	compact is conducted on the Tribe's Indian lands as defined by the
132	132	Indian Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the
133	133	terms of this compact, the Tribe has the ultimate responsibility
134	134	for ensuring that the operation of each facility conforms to the
135	135	requirements of this compact.
136	136	I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
137	137	L. No. 100-497).
138	138	J. "Net win" means the total receipts, not including
139	139	free or promotional credits issued by the Tribe, from the play of
140	140	all covered games less all prize payouts and participation fees.
141	141	K. "Participation fee" means a payment made by the
142	142	Tribe to a supplier on a periodic basis for the right to lease or
143	143	otherwise offer for play a gaming device that the Tribe does not own
144	144	for a covered gaming activity. A participation fee may be a royalty
145	145	payment or lease payment. The Tribe acknowledges that the Tribe did
146	146	not hold an interest in a company that supplies a gaming device on
147	147	the date this compact was executed. If the Tribe acquires an
148	148	interest in a company that supplies gaming devices, the Tribe may
149	149	not deduct from the net win a participation fee for the supplier in
150	150	which the Tribe has acquired an interest.
151	151	L. "Patron" means a person who is on the premises of a
152	152	facility or who is entering the Tribe's Indian lands for the purpose
153	153	of playing a covered game authorized by this compact.
154	154	M. "Rules" means rules adopted by the commission to
155	155	implement this compact.
156	156	N. "State" means the State of Texas.
157	157	O. "State compliance agency" ("SCA") means the office
158	158	of the Secretary of State or another agency authorized by the
159	159	legislature to carry out the State's oversight responsibilities
160	160	under this compact.
161	161	P. "Tribe" means the Kickapoo Traditional Tribe of
162	162	Texas.
163	163	Q. "Video lottery terminal" means an electronic game
164	164	of chance connected to a centralized computer system operated by
165	165	the Tribe.
166	166	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES
167	167	The Tribe and State agree that the Tribe is authorized to
168	168	operate covered games on the Tribe's Indian lands, as defined in the
169	169	IGRA, in accordance with the provisions of this compact.
170	170	PART V. RULES; MINIMUM REQUIREMENTS
171	171	A. During the term of this compact, the Tribe is responsible
172	172	for all duties assigned to the Tribe and the commission under this
173	173	compact. The Tribe shall adopt any rules necessary to implement
174	174	this compact. Nothing in this compact may be construed to affect
175	175	the Tribe's right to amend the Tribe's rules, provided the amendment
176	176	is in conformity with this compact. The SCA may propose to the
177	177	commission additional rules consistent with the implementation of
178	178	this compact, and the commission shall in good faith consider the
179	179	proposal and notify the SCA of the Tribe's response or action in
180	180	regard to the proposal.
181	181	B. All facilities must comply with and all covered games
182	182	must be operated in accordance with this compact. All facilities
183	183	must be operated in strict compliance with tribal internal control
184	184	standards that must provide a level of control that equals or
185	185	exceeds the standards for Class III gaming recommended by the
186	186	National Indian Gaming Commission on August 14, 2018, as such
187	187	standards may be updated from time-to-time.
188	188	C. The Tribe agrees to maintain the following safeguards
189	189	against problem gambling:
190	190	1. The Tribe will provide a comprehensive training
191	191	program to all gaming employees.
192	192	2. The Tribe will make available to patrons printed
193	193	materials that include contact information for organizations
194	194	dedicated to assisting problem gamblers.
195	195	3. The commission shall establish a list of the
196	196	patrons voluntarily excluded from the Tribe's facilities under Part
197	197	V.C.5 of this compact.
198	198	4. The Tribe shall employ its best efforts to exclude
199	199	patrons on the list maintained under Part V.C.3 of this compact.
200	200	This compact does not create a cause of action against the State,
201	201	the Tribe, the commission, or any other person, entity, or agency
202	202	for failing to exclude a patron on the list established under Part
203	203	V.C.3 of this compact.
204	204	5. A patron who believes the patron may be playing a
205	205	covered game on a compulsive basis may request that the patron's
206	206	name be placed on the list of patrons voluntarily excluded from the
207	207	Tribe's facilities.
208	208	6. All covered game employees who interact with
209	209	patrons shall receive training to identify a patron who may have a
210	210	problem with compulsive gambling and instruct the patron to leave.
211	211	Signs bearing a toll-free help line number and educational and
212	212	informational materials must be made available at conspicuous
213	213	locations and ATMs in each facility. The signs must be designed in
214	214	a manner that is aimed at preventing problem gaming and that
215	215	specifies where patrons may receive counseling or assistance for
216	216	gambling problems. Nothing in this part of this compact creates a
217	217	cause of action or claim against the State, the Tribe, the
218	218	commission, or any other person, entity, or agency for failing to
219	219	identify a patron or person who is a compulsive gambler or asking
220	220	that person to leave.
221	221	7. The Tribe shall make diligent efforts to prevent an
222	222	underage individual from loitering in the area of each facility
223	223	where a covered game is conducted.
224	224	8. The Tribe shall assure that advertising and
225	225	marketing of the covered games at the facilities contain a
226	226	responsible gambling message and a toll-free help line number for
227	227	problem gamblers where practical and that the advertising and
228	228	marketing messages do not make any false or misleading claims.
229	229	D. The State may secure an annual independent financial
230	230	audit of the conduct of covered games subject to this compact. The
231	231	audit must examine revenues from the conduct of a covered game and
232	232	must verify the determination of net win and the basis of, and right
233	233	to, the payments made to the State pursuant to Part XI of this
234	234	compact and as defined by this compact. A copy of the audit report
235	235	for the conduct of a covered game must be submitted to the
236	236	commission not later than the 30th day after the date an audit is
237	237	completed. A representative of the SCA may, on request, meet with
238	238	the Tribe and the Tribe's auditors to discuss an audit or matter in
239	239	connection with the audit, provided the discussions are limited to
240	240	covered games information. The annual independent financial audit
241	241	must be performed by an independent accounting firm with experience
242	242	in auditing casino operations, selected by the State and subject to
243	243	the Tribe's consent, which may not be unreasonably withheld. The
244	244	Tribe shall pay the accounting firm for the costs of the annual
245	245	independent financial audit if the Tribe is found not to be in
246	246	compliance with this compact.
247	247	E. A summary of the rules for playing covered games must be
248	248	displayed in a facility. A complete set of rules must be available
249	249	at a facility and provided to a patron on request. A copy of the
250	250	rules must be provided to the SCA not later than the 30th day after
251	251	the date the rules are issued or amended.
252	252	F. The Tribe shall provide the commission and SCA with a
253	253	chart of the supervisory authority of individuals directly
254	254	responsible for the conduct of covered games, and shall promptly
255	255	notify the commission and the SCA of any material change to the
256	256	supervisory authority.
257	257	G. The Tribe shall continue to maintain a proactive approach
258	258	to prevent improper alcohol sales, drunk driving, underage
259	259	drinking, and underage gambling that involves extensive staff
260	260	training and certification, patron education, and the use of
261	261	security personnel and surveillance equipment to enhance patrons'
262	262	enjoyment of the facilities and provide for patron safety. Staff
263	263	training must include specialized employee training in nonviolent
264	264	crisis intervention, driver's license verification, and the
265	265	detection of intoxication. Patron education may be accomplished by
266	266	printing a notice on a valet parking stub, posting a sign in the
267	267	facilities, and publishing brochures. The facilities must have
268	268	roving and fixed security officers, along with surveillance
269	269	cameras, to assist in the detection of intoxicated patrons,
270	270	investigate problems, and engage patrons to de-escalate volatile
271	271	situations. This part of this compact does not create a cause of
272	272	action or claim against the State, the Tribe, the commission, or any
273	273	other person, entity, or agency for failing to fulfill a
274	274	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 procedures
290	290	established by the Tribe's Gaming Ordinance and such remedies
291	291	must be exhausted.
292	292	B. If a Patron is not satisfied with the outcome of a tort claim
293	293	the Patron submitted under the procedures established by the
294	294	Tribe's Gaming Ordinance, that Patron may pursue a tort claim
295	295	in Maverick County District Court for personal injury or
296	296	property damage against the Kickapoo Lucky Eagle Casino
297	297	arising out of an incident occurring at a facility. For said
298	298	tort claims brought in Maverick County District Court pursuant
299	299	to this Section against the Kickapoo Lucky Eagle Casino, the
300	300	Tribe agrees to waive its Tribal sovereign immunity to the same
301	301	extent as the State waives its sovereign immunity, as specified
302	302	in sections 101.023(a) and 101.025(a), Texas Civil Practice
303	303	and Remedies Code, as such provision may be amended from
304	304	time-to-time by the Texas Legislature. The Tribe and its
305	305	insurance carrier are prohibited from invoking Tribal
306	306	sovereign immunity for tort claims up to the limits to which
307	307	the State has waived sovereign immunity as set forth in section
308	308	101.023(a), Texas Civil Practice and Remedies Code, as such
309	309	provision may be amended from time-to-time by the Texas
310	310	Legislature, provided that the provision remains the same for
311	311	State agencies as for the Tribe, but the Tribe and its
312	312	insurance carrier are permitted to assert any available
313	313	statutory or common law defense for tort claims of Patrons made
314	314	pursuant to this Section.
315	315	C. In no event, however, shall the Tribe be deemed to have waived
316	316	its Tribal immunity from suit beyond the limits set forth in
317	317	section 101.023(a), Texas Civil Practice and Remedies Code.
318	318	These limitations are intended to include liability for
319	319	compensatory damages, costs, pre-judgment interest, punitive
320	320	damages, and attorney fees if otherwise allowable under State
321	321	law arising out of any tort claim brought or asserted against
322	322	the Tribe, its subordinate governmental and economic units,
323	323	any Tribal officials, employees, servants, or agents in their
324	324	official capacities and any entity which is owned, directly or
325	325	indirectly by the Tribe.
326	326	D. All Patron tort claims brought pursuant to this provision
327	327	shall be brought solely against the Kickapoo Lucky Eagle
328	328	Casino, an economic entity owned by a federally-recognized
329	329	Indian tribe, as the sole party in interest.
330	330	E. The Tribe shall ensure that patrons of a facility are afforded
331	331	due process in seeking and receiving just and reasonable
332	332	compensation arising from a patron's dispute, in connection
333	333	with the patron's play of a covered game, the amount of a prize
334	334	that has been awarded, the failure to award a prize, or the
335	335	right to receive a refund. Such patron disputes shall be
336	336	resolved under the procedures established by the Tribe's
337	337	Gaming Ordinance.
338	338	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
339	339	A. The Tribe and the commission are responsible for
340	340	regulating activities under this compact. The Tribe shall adopt or
341	341	issue standards designed to ensure that the facilities are
342	342	constructed, operated, and maintained to adequately protect the
343	343	environment and public health and safety.
344	344	B. A commission compliance officer shall be available to a
345	345	facility during operation on reasonable notice and shall have
346	346	immediate and complete access to a facility to ensure compliance
347	347	with this compact. The commission shall investigate a suspected or
348	348	reported violation of this part of this compact and shall timely
349	349	file an official written report of the investigation and action
350	350	taken on the violation, and shall send a copy of the investigative
351	351	report to the SCA not later than the 30th day after the date the
352	352	commission files the report. The scope of the report must be
353	353	determined by a memorandum of understanding between the commission
354	354	and the SCA as soon as practicable after the effective date of this
355	355	compact. A violation must be reported immediately to the
356	356	commission, and the commission shall immediately forward the
357	357	violation to the SCA. In addition, the commission shall promptly
358	358	report to the SCA a violation which the commission independently
359	359	discovers.
360	360	C. Representatives of the commission and the SCA shall meet
361	361	at least once each year to review past practices and examine methods
362	362	to improve the regulatory scheme created by this compact. The
363	363	meetings shall take place at a location agreed to by the commission
364	364	and the SCA. The SCA, before or during a meeting, shall disclose to
365	365	the commission any concerns, suspected activities, or pending
366	366	matters reasonably believed to constitute a violation of this
367	367	compact by any person, organization, or entity, if the disclosure
368	368	will not compromise the interest sought to be protected.
369	369	PART VIII. STATE MONITORING OF COMPACT
370	370	A. The SCA may, under this compact, monitor the conduct of a
371	371	covered game to ensure that a covered game is conducted in
372	372	compliance with this compact. In order to properly monitor the
373	373	conduct of a covered game, an agent of the SCA may have, without
374	374	prior notice, reasonable access to all public areas of a facility
375	375	where a covered game is conducted under this compact. An SCA agent
376	376	must report to a commission officer immediately on arrival at the
377	377	facility. An SCA agent may not enter a nonpublic area of a facility
378	378	without giving the commission notice of the agent's arrival 24
379	379	hours before the hour of the agent's arrival and, on arrival,
380	380	providing proper photographic identification. A commission
381	381	officer shall accompany an SCA agent in a nonpublic area of a
382	382	facility.
383	383	B. Subject to this compact, an SCA agent has the right to
384	384	review and request a copy of a document of the facility related to
385	385	the conduct of a covered game. The review and copying of the
386	386	document must be during normal business hours unless otherwise
387	387	allowed by the Tribe at the Tribe's discretion. The Tribe may not
388	388	refuse an inspection or request to copy a document, provided that an
389	389	agent cannot require copies of documents in a volume that
390	390	unreasonably interferes with the normal functioning of the facility
391	391	or a covered game.
392	392	C. After an SCA inspection or investigation, the SCA shall
393	393	send to the commission a written report of the inspection or
394	394	investigation that contains all pertinent, nonconfidential,
395	395	nonproprietary information about a violation of an applicable law
396	396	or this compact discovered during an inspection or investigation
397	397	unless disclosure of the information would adversely affect an
398	398	investigation of suspected criminal activity. This compact does
399	399	not prevent the SCA from contacting a tribal or federal law
400	400	enforcement authority about suspected criminal wrongdoing
401	401	involving the commission.
402	402	D. This compact does not authorize the State to regulate the
403	403	Tribe's government or the commission or to interfere with the
404	404	Tribe's selection of the Tribe's governmental officers or members
405	405	of the commission.
406	406	PART IX. JURISDICTION
407	407	The obligations and rights of the State and the Tribe under
408	408	this compact are contractual in nature, and this compact does not
409	409	alter tribal, federal, or state civil or criminal jurisdiction.
410	410	PART X. LICENSING
411	411	The Tribe and the commission shall comply with the licensing
412	412	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
413	413	applicable licensing requirements in the Tribe's Gaming Ordinance.
414	414	PART XI. PAYMENTS TO THE STATE OF TEXAS
415	415	A. The parties acknowledge and recognize that this compact
416	416	provides the Tribe with substantial exclusivity and, consistent
417	417	with the goals of the IGRA, special opportunities for tribal
418	418	economic opportunity through covered gaming activity in the State.
419	419	In consideration of the substantial exclusivity, only while the
420	420	State does not, after January 1, 2021, authorize or allow the
421	421	operation of any additional form of gaming, including slot
422	422	machines, video lottery terminals, video pull-tab games,
423	423	electronic bingo, sports betting, banked and banking card games, or
424	424	another type of table gaming game, within 200 nautical miles of the
425	425	boundary of the Tribe's reservation, the Tribe agrees to pay the
426	426	State a percentage of the revenue derived from covered game
427	427	revenues in an amount equal to three percent of the net win received
428	428	by the Tribe in a calendar year from the play of Class III covered
429	429	games. The amount is due and payable not later than the 20th day
430	430	after the last date of the preceding quarter for the revenue
431	431	received by the Tribe in the preceding quarter.
432	432	B. Payment of revenue due under Part XI.A of this compact
433	433	must be made to the comptroller of public accounts of the State.
434	434	Nothing in this compact allocates the revenue to a particular State
435	435	purpose, including regulatory responsibilities under this compact.
436	436	C. This compact does not authorize the State to impose any
437	437	tax, fee, charge, or assessment on the Tribe or an enterprise of the
438	438	Tribe.
439	439	PART XII. DISPUTE RESOLUTION
440	440	A dispute under this compact, including a dispute over
441	441	compliance with or the interpretation of the terms of this compact,
442	442	must be resolved amicably and voluntarily when possible. In
443	443	pursuit of this goal, the following procedures may be invoked:
444	444	A. A party asserting noncompliance or seeking an
445	445	interpretation of this compact first shall serve written notice on
446	446	the other party. The notice must identify the provision alleged to
447	447	have been violated or in dispute and must specify in detail the
448	448	factual basis for the claim. Representatives of the Tribe and State
449	449	shall meet in an effort to resolve the dispute not later than the
450	450	30th day after the date of receipt of notice unless the parties
451	451	agree to extend the time.
452	452	B. A party asserting noncompliance or seeking an
453	453	interpretation of this compact is considered to have certified that
454	454	to the best of the party's knowledge, information, and belief,
455	455	formed after reasonable inquiry, the claim of noncompliance or the
456	456	request for interpretation of this compact is warranted and made in
457	457	good faith and not for any improper purpose, such as to harass or to
458	458	cause unnecessary delay or expense to resolve the dispute.
459	459	C. If the parties are unable to resolve a dispute
460	460	through the process specified in Part XII.A of this compact, either
461	461	party can call for mediation under the Commercial Mediation Rules
462	462	and Procedures of the American Arbitration Association (AAA) or any
463	463	such successor procedures, provided that the mediation does not
464	464	last more than 15 calendar days unless the parties agree to an
465	465	extension to this time limit. Mediation is only available for
466	466	resolving disputes over matters arising under this compact.
467	467	D. If the parties are unable to resolve a dispute
468	468	through the process under Parts XII.A and XII.C of this compact,
469	469	notwithstanding any other provision of law, the State or Tribe may
470	470	bring an action in federal district court ("federal court")
471	471	regarding any dispute arising under this compact in a district in
472	472	which the federal court has venue. If the federal court declines to
473	473	exercise jurisdiction, or federal precedent exists that rules that
474	474	the federal court does not have jurisdiction over the dispute, the
475	475	State or the Tribe may bring the action in state court. The State
476	476	and the Tribe are entitled to all rights of appeal permitted by law
477	477	in the court system in which the action is brought.
478	478	E. For purposes of an action based solely on a dispute
479	479	between the State and the Tribe that arises under this compact and
480	480	the enforcement of any judgment resulting from the action, the
481	481	State and the Tribe expressly waive the right to assert sovereign
482	482	immunity from suit and from enforcement of any judgment, and
483	483	consent to be sued in all levels of federal or state court, provided
484	484	that:
485	485	1. the dispute is limited solely to issues
486	486	arising under this compact;
487	487	2. the action does not include a claim for
488	488	monetary damages, other than payment of any money required by the
489	489	terms of this compact, and injunctive relief or specific
490	490	performance enforcing a provision of this compact requiring the
491	491	payment of money to the State may be sought; and
492	492	3. nothing in this compact may be construed to
493	493	constitute a waiver of the sovereign immunity of the State or the
494	494	Tribe with respect to a third party that is made a party or
495	495	intervenes as a party in an action.
496	496	F. In the event that intervention, joinder, or other
497	497	participation by a third party in any action between the State and
498	498	the Tribe would result in the waiver of the State's or the Tribe's
499	499	sovereign immunity to the third party's claim, the waiver of the
500	500	State or the Tribe under this compact may be revoked.
501	501	G. The State may pursue any mediation or judicial
502	502	remedy against the Tribe if the State failed to exhaust Tribal
503	503	administrative remedies.
504	504	H. Notwithstanding anything to the contrary in this
505	505	part of this compact, the Tribe's failure to remit a payment under
506	506	this compact entitles the State to seek injunctive relief in
507	507	federal or state court, at the State's sole discretion, to compel
508	508	the payments after exhausting the dispute resolution process in
509	509	this part of this compact.
510	510	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
511	511	A. Each provision, section, and subsection of this compact
512	512	shall stand separate and independent of every other provision. If a
513	513	federal district court in Texas or other court of competent
514	514	jurisdiction finds a provision of this compact to be invalid, the
515	515	remaining provisions of this compact remain in full force and
516	516	effect, provided that severing the invalidated provision does not
517	517	undermine the overall intent of the parties in entering into this
518	518	compact.
519	519	B. This compact is intended to meet the requirements of the
520	520	IGRA on the effective date of this compact, and where reference is
521	521	made to the IGRA, or to an implementing regulation of the IGRA, the
522	522	reference is considered to be incorporated into this document as if
523	523	set in full. Changes to the IGRA after the effective date of this
524	524	compact that diminish the rights of the State or Tribe may not be
525	525	applied to alter the terms of this compact, except to the extent
526	526	that federal law mandates that retroactive application without the
527	527	respective consent of the State or Tribe.
528	528	C. The presence or absence of language in this compact that
529	529	is present in or absent from another compact between a state and
530	530	another Indian tribe may not be a factor in construing the terms of
531	531	this compact.
532	532	D. Each party shall defend the validity of this compact.
533	533	E. On execution of this compact, the Tribe shall submit the
534	534	compact to the United States Secretary of the Interior, and the
535	535	parties shall cooperate in seeking the Secretary's approval of this
536	536	compact.
537	537	F. Nothing in this compact may be construed to limit,
538	538	restrict, or regulate the Tribe's right to offer Class I and Class
539	539	II gaming as authorized under the IGRA.
540	540	PART XIV. NOTICES
541	541	A notice required under this compact must be given by
542	542	certified mail, return receipt requested, commercial overnight
543	543	courier service, or personal delivery, to:
544	544	Governor
545	545	State of Texas
546	546	State Insurance Building
547	547	1100 San Jacinto
548	548	Austin, TX 78701
549	549	Chairman - Tribal Council
550	550	Kickapoo Traditional Tribe of Texas
551	551	2212 Rosita Valley Road
552	552	Eagle Pass, TX 78852
553	553	With copies to the general counsel for each party.
554	554	PART XV. EFFECTIVE DATE AND TERM
555	555	A. This compact is effective on approval either by the
556	556	United States Secretary of the Interior as a tribal-state compact
557	557	under the IGRA or by operation of law and on publication of the
558	558	notice of approval in the Federal Register.
559	559	B. This compact has a term of 25 years beginning on the day
560	560	the compact becomes effective under Part XV.A of this compact. This
561	561	compact remains in full force and effect until the earlier of the
562	562	25th anniversary of the day the compact becomes effective or until
563	563	terminated by agreement of the parties. If either the State or the
564	564	Tribe wishes to extend the term of this compact, the party shall
565	565	notify the other at least 18 months before the date that this
566	566	compact will expire. The parties shall begin negotiations at least
567	567	12 months before the term expires.
568	568	PART XVI. AMENDMENT OF COMPACT
569	569	Amendment of this compact may only be made by written
570	570	agreement of the parties, subject to approval either by the United
571	571	States Secretary of the Interior or by operation of law and is
572	572	effective on publication of the notice of approval in the Federal
573	573	Register.
574	574	PART XVII. MISCELLANEOUS
575	575	A. Except to the extent expressly provided in this compact,
576	576	this compact does not create a right for a third party to bring an
577	577	action to enforce a term of this compact.
578	578	B. Nothing in this compact shall alter any existing
579	579	memoranda of understanding, contracts, or other agreements entered
580	580	into between the Tribe and any other federal, state, or local
581	581	governmental entity.
582	582	PART XVIII. EXECUTION
583	583	The chairman of the Tribal Council of the Kickapoo
584	584	Traditional Tribe of Texas affirms that the chairman is duly
585	585	authorized and has the authority to execute this compact on behalf
586	586	of the Tribe. The chairman also affirms that the chairman will take
587	587	all appropriate steps to effectuate the purposes and intent of this
588	588	compact.
589	589	(d) The Secretary of State may adopt rules necessary for
590	590	this state to carry out its responsibilities under this section
591	591	unless the Legislature enacts laws authorizing another state agency
592	592	to administer this section. The rules may not apply to the Tribe.
593	593	(e) All shipments of gaming equipment or other gaming
594	594	devices into, out of, or within this state authorized under this
595	595	section or a law enacted under this section are legal shipments of
596	596	the devices and are exempt from the provisions of 15 U.S.C. Sections
597	597	1171-1178 prohibiting the transportation of gambling devices.
598	598	SECTION 3. This proposed constitutional amendment shall be
599	599	submitted to the voters at an election to be held November 2, 2021.
600	600	The ballot shall be printed to permit voting for or against the
601	601	proposition: "The constitutional amendment authorizing the
602	602	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
603	603	a gaming agreement with this state."