Texas 2021 - 87th Regular

Texas House Bill HJR26 Compare Versions

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1	1	87R540 BEE-D
2	2	By: Deshotel H.J.R. No. 26
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment to authorize the operation of
7	7	casino gaming in certain state coastal areas to provide additional
8	8	money for residual windstorm insurance coverage and catastrophic
9	9	flooding assistance in those areas and to authorize the Kickapoo
10	10	Traditional Tribe of Texas to conduct casino gaming by executing a
11	11	gaming compact with this state; providing for occupational
12	12	licensing; authorizing fees; limiting certain taxes and fees.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 47(a), Article III, Texas Constitution,
15	15	is amended to read as follows:
16	16	(a) The Legislature shall pass laws prohibiting lotteries
17	17	and gift enterprises in this State other than those authorized by
18	18	Subsections (b), (d), (d-1), and (e) of this section and by Sections
19	19	47a and 47b of this article.
20	20	SECTION 2. Article III, Texas Constitution, is amended by
21	21	adding Sections 47a and 47b to read as follows:
22	22	Sec. 47a. (a) The legislature by general law in accordance
23	23	with this section shall authorize the operation of casino gaming in
24	24	this state in which individuals for consideration play games of
25	25	chance that award prizes and are operated by persons licensed or
26	26	otherwise authorized by this state to conduct casino gaming to
27	27	provide additional money for residual windstorm insurance coverage
28	28	and catastrophic flooding assistance in this state's coastal areas.
29	29	A general law enacted in accordance with this section must:
30	30	(1) allow casino gaming operated by appropriately
31	31	licensed persons at not more than nine licensed locations in this
32	32	state that are within 200 miles of the Gulf of Mexico;
33	33	(2) provide:
34	34	(A) a comprehensive licensing and certification
35	35	program, including necessary criminal background investigations
36	36	and licensing and certification fees, to govern a person that
37	37	manages casino gaming operations in this state, that acts as a
38	38	gaming employee, or that maintains, manufactures, distributes,
39	39	sells, or leases casino games for use or play in this state;
40	40	(B) procedures for the state agency responsible
41	41	for conducting criminal background investigations for the state to
42	42	provide criminal background information to the state agency
43	43	responsible for licensing and certification under Paragraph (A) of
44	44	this subdivision; and
45	45	(C) procedures for monitoring and inspecting
46	46	casino gaming operations as necessary to protect the public health,
47	47	welfare, and safety, to preserve the integrity of this state and
48	48	gaming operations in the state, and to prevent financial loss to
49	49	this state; and
50	50	(3) prohibit and impose criminal penalties for the
51	51	possession and operation of all gaming devices other than devices
52	52	operated in connection with authorized casino gaming operations or
53	53	gaming devices otherwise authorized by state law, including a
54	54	compact executed in accordance with Section 47b of this article.
55	55	(b) In the general law enacted in accordance with Subsection
56	56	(a) of this section, the legislature may designate the counties in
57	57	which a casino gaming operator's license may be issued.
58	58	(c) All shipments of casino gaming equipment or other gaming
59	59	devices into, out of, or within this state authorized under this
60	60	section or a law enacted under this section are legal shipments of
61	61	the devices and are exempt from the provisions of 15 U.S.C. Sections
62	62	1171-1178 prohibiting the transportation of gambling devices.
63	63	Sec. 47b. (a) The chairman of the federally recognized
64	64	Kickapoo Traditional Tribe of Texas may execute a compact
65	65	containing the terms set forth in Subsection (c) of this section on
66	66	receipt of a duly enacted resolution of the governing body of the
67	67	tribe authorizing the chairman to execute the compact and on
68	68	provision of a copy of the resolution to the governor. The governor
69	69	or this state is not required to take any further action before the
70	70	compact becomes effective. The executed compact constitutes a
71	71	gaming compact between this state and the tribe for purposes of the
72	72	federal Indian Gaming Regulatory Act (Pub. L. No. 100-497). The
73	73	tribe is responsible for:
74	74	(1) providing a copy of the executed compact to the
75	75	governor; and
76	76	(2) submitting a copy of the executed compact to the
77	77	United States secretary of the interior for approval and
78	78	publication in the Federal Register.
79	79	(b) If, after January 1, 2022, the state by general law or
80	80	constitutional amendment authorizes video lottery terminals, slot
81	81	machines, or other forms of gaming not otherwise authorized before
82	82	that date within 200 miles of the boundary of the Kickapoo
83	83	Traditional Tribe's reservation near Eagle Pass, Texas, the tribe
84	84	is authorized to offer at a location designated by the tribe the
85	85	same types of games or devices as authorized under that law or
86	86	amendment. The number of games or devices authorized at the
87	87	location is equal to the maximum number of games or devices
88	88	authorized under that law or amendment for other gaming locations.
89	89	The location must be on land owned or leased by the tribe that is
90	90	within 300 miles of the boundary of the Kickapoo Traditional
91	91	Tribe's reservation but may not be within 30 miles of a racetrack
92	92	that holds a license under state law to conduct pari-mutuel
93	93	wagering on horse racing or greyhound racing on the effective date
94	94	of the compact executed under Subsection (a) of this section.
95	95	(c) The tribe and the secretary of state shall regulate the
96	96	gaming authorized under Subsection (b) of this section. The
97	97	secretary of state may not adopt a rule on gaming conducted by the
98	98	tribe that is more restrictive than a rule applicable to other
99	99	comparable gaming licensed by this state. A tax or fee may not be
100	100	imposed on the tribe in an amount that exceeds the amount of a tax or
101	101	fee imposed on the operators of other gaming locations or
102	102	facilities in this state.
103	103	(d) A compact executed under Subsection (a) of this section
104	104	must be in the form and contain the provisions as follows:
105	105	THE KICKAPOO TRADITIONAL TRIBE OF TEXAS AND
106	106	THE STATE OF TEXAS COMPACT
107	107	This compact is entered into between the Kickapoo Traditional
108	108	Tribe of Texas, a federally recognized Indian Tribe ("Tribe"), and
109	109	the State of Texas ("State"), with respect to the operation of
110	110	covered games (as defined herein) on the Tribe's Indian lands as
111	111	defined by Section 4(4), Indian Gaming Regulatory Act (25 U.S.C.
112	112	Section 2703(4)).
113	113	PART I. TITLE
114	114	This document shall be referred to as "The Kickapoo
115	115	Traditional Tribe of Texas and State of Texas Compact."
116	116	PART II. RECITALS
117	117	1. The Tribe is a federally recognized tribal government
118	118	with sovereign powers and rights of self-government. The Tribe is
119	119	the only tribe in the State with gaming rights under the federal
120	120	Indian Gaming Regulatory Act (Pub. L. No. 100-497).
121	121	2. The State is a state of the United States possessing the
122	122	sovereign powers and rights of a state.
123	123	3. The State and the Tribe maintain a
124	124	government-to-government relationship, and this compact will
125	125	foster mutual respect and understanding between Indians and
126	126	non-Indians.
127	127	4. The Tribe and the State jointly intend to protect the
128	128	integrity of gaming regulated under this compact.
129	129	5. The gaming under this compact will further the purposes
130	130	of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to
131	131	promote tribal economic development, self-sufficiency, and strong
132	132	tribal government, and will assist the Tribe in funding tribal
133	133	programs that provide needed services to the Tribe's members.
134	134	PART III. DEFINITIONS
135	135	In this compact:
136	136	A. "Class III gaming" means the forms of Class III
137	137	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
138	138	U.S.C. Section 2703(8)), and by the regulations of the National
139	139	Indian Gaming Commission.
140	140	B. "Commission" means the Kickapoo Traditional Tribe
141	141	of Texas Tribal Gaming Commission, which is the tribal governmental
142	142	agency assigned the authority to carry out the Tribe's regulatory
143	143	and oversight responsibilities under this compact.
144	144	C. "Compact" means this gaming agreement between the
145	145	Kickapoo Traditional Tribe of Texas and the State of Texas.
146	146	D. "Covered game" or "covered gaming activity" means
147	147	Class III gaming activities determined to be available to the Tribe
148	148	by the United States Department of the Interior, video lottery
149	149	terminals, and any game of chance authorized by State law for any
150	150	person after the effective date of this compact.
151	151	E. "Covered game employee" or "covered employee" means
152	152	an individual employed and licensed by the Tribe whose
153	153	responsibilities include providing services related to the
154	154	operation, maintenance, or management of covered games. The term
155	155	includes:
156	156	1. managers and assistant managers;
157	157	2. accounting personnel;
158	158	3. commission officers;
159	159	4. surveillance and security personnel;
160	160	5. cashiers, supervisors, and floor personnel;
161	161	6. cage personnel; and
162	162	7. any other employee whose employment duties
163	163	require or authorize access to areas of a facility related to the
164	164	conduct of a covered game or the technical support or storage of a
165	165	covered game component.
166	166	"Covered game employee" or "covered employee" does not
167	167	include an elected official of the Tribe who is not directly
168	168	involved in the operation, maintenance, or management of a covered
169	169	game or covered game component.
170	170	F. "Document" means a book, a record, an electronic,
171	171	magnetic, or computer media document, or another writing or
172	172	material. The term includes a copy of any of those documents and
173	173	information contained in the document.
174	174	G. "Effective date" means the date on which the
175	175	compact becomes effective under Part XV.A of this compact.
176	176	H. "Facility" or "facilities" means a building of the
177	177	Tribe in which a covered game authorized by this compact is
178	178	conducted on the Tribe's Indian lands as defined by the Indian
179	179	Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the terms
180	180	of this compact, the Tribe has the ultimate responsibility for
181	181	ensuring that the operation of each facility conforms to the
182	182	requirements of this compact.
183	183	I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
184	184	L. No. 100-497).
185	185	J. "Net win" means the total receipts, not including
186	186	free or promotional credits issued by the Tribe, from the play of
187	187	all covered games less all prize payouts and participation fees.
188	188	K. "Participation fee" means a payment made by the
189	189	Tribe to a supplier on a periodic basis for the right to lease or
190	190	otherwise offer for play a gaming device not owned by the Tribe for
191	191	a covered gaming activity. A participation fee may be a royalty
192	192	payment or lease payment. The Tribe acknowledges that the Tribe did
193	193	not hold an interest in a company that supplies a gaming device on
194	194	the date this compact was executed. If the Tribe acquires an
195	195	interest in a company that supplies gaming devices, the Tribe may
196	196	not deduct from the net win a participation fee for the supplier in
197	197	which the Tribe has acquired an interest.
198	198	L. "Patron" means a person who is on the premises of a
199	199	facility or who is entering the Tribe's Indian lands for the purpose
200	200	of playing a covered game authorized by this compact.
201	201	M. "Rules" means rules adopted by the commission to
202	202	implement this compact.
203	203	N. "State" means the State of Texas.
204	204	O. "State compliance agency" ("SCA") means the office
205	205	of the secretary of state or another agency authorized by the
206	206	legislature to carry out the State's oversight responsibilities
207	207	under this compact.
208	208	P. "Tribe" means the Kickapoo Traditional Tribe of
209	209	Texas.
210	210	Q. "Video lottery terminal" means an electronic game
211	211	of chance connected to a centralized computer system operated by
212	212	the Tribe.
213	213	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES
214	214	The Tribe and State agree that the Tribe is authorized to
215	215	operate covered games on the Tribe's Indian lands, as defined in the
216	216	IGRA, in accordance with the provisions of this compact.
217	217	PART V. RULES; MINIMUM REQUIREMENTS
218	218	A. During the term of this compact, the Tribe is responsible
219	219	for all duties assigned to the Tribe and the commission under this
220	220	compact. The Tribe shall adopt any rules necessary to implement
221	221	this compact. Nothing in this compact may be construed to affect
222	222	the Tribe's right to amend the Tribe's rules, provided the amendment
223	223	is in conformity with this compact. The SCA may propose to the
224	224	commission additional rules consistent with the implementation of
225	225	this compact, and the commission shall in good faith consider the
226	226	proposal and notify the SCA of the Tribe's response or action in
227	227	regard to the proposal.
228	228	B. All facilities must comply with and all covered games
229	229	must be operated in accordance with this compact. All facilities
230	230	must be operated in strict compliance with tribal internal control
231	231	standards that must provide a level of control that equals or
232	232	exceeds the minimum internal control standards established by the
233	233	National Indian Gaming Commission as the standards existed on the
234	234	effective date of this compact, regardless of whether the standards
235	235	are subsequently repealed or replaced, or the most recent minimum
236	236	internal control standards established by the National Indian
237	237	Gaming Commission on the effective date if the National Indian
238	238	Gaming Commission does not have any minimum internal control
239	239	standards in effect on the effective date.
240	240	C. The Tribe agrees to maintain the following safeguards
241	241	against problem gambling:
242	242	1. The Tribe will provide a comprehensive training
243	243	program to all gaming employees.
244	244	2. The Tribe will make available to patrons printed
245	245	materials that include contact information for organizations
246	246	dedicated to assisting problem gamblers.
247	247	3. The commission shall establish a list of the
248	248	patrons voluntarily excluded from the Tribe's facilities under Part
249	249	V.C.5 of this compact.
250	250	4. The Tribe shall employ its best efforts to exclude
251	251	patrons on the list maintained under Part V.C.3 of this compact.
252	252	This compact does not create a cause of action against the State,
253	253	the Tribe, the commission, or any other person, entity, or agency
254	254	for failing to exclude a patron on the list established under Part
255	255	V.C.3 of this compact.
256	256	5. A patron who believes the patron may be playing a
257	257	covered game on a compulsive basis may request that the patron's
258	258	name be placed on the list of patrons voluntarily excluded from the
259	259	Tribe's facilities.
260	260	6. All covered game employees shall receive training
261	261	to identify a patron who may have a problem with compulsive gambling
262	262	and instruct the patron to leave. Signs bearing a toll-free help
263	263	line number and educational and informational materials must be
264	264	made available at conspicuous locations and ATMs in each facility.
265	265	The signs must be designed to prevent problem gaming and must
266	266	specify locations at which patrons may receive counseling or
267	267	assistance for gambling problems. Nothing in this part of this
268	268	compact creates a cause of action or claim against the State, the
269	269	Tribe, the commission, or any other person, entity, or agency for
270	270	failing to identify a patron or person who is a compulsive gambler
271	271	or failing to instruct that person to leave.
272	272	7. The Tribe shall make diligent efforts to prevent an
273	273	underage individual from loitering in the area of each facility
274	274	where a covered game is conducted.
275	275	8. The Tribe shall assure that advertising and
276	276	marketing of the covered games at the facilities contain a
277	277	responsible gambling message and a toll-free help line number for
278	278	problem gamblers as practical and that the advertising and
279	279	marketing messages do not make any false or misleading claims.
280	280	D. The State may secure an annual independent financial
281	281	audit of the conduct of covered games subject to this compact. The
282	282	audit must examine revenues from the conduct of a covered game and
283	283	must verify the determination of net win and the basis of, and right
284	284	to, the payments made to the State pursuant to Part XI of this
285	285	compact and as defined by this compact. A copy of the audit report
286	286	for the conduct of a covered game must be submitted to the
287	287	commission not later than the 30th day after the date an audit is
288	288	completed. A representative of the SCA may, on request, meet with
289	289	the Tribe and the Tribe's auditors to discuss an audit or matter in
290	290	connection with the audit, provided the discussions are limited to
291	291	covered games information. The annual independent financial audit
292	292	must be performed by an independent accounting firm with experience
293	293	in auditing casino operations, selected by the State and subject to
294	294	the Tribe's consent, which may not be unreasonably withheld. The
295	295	Tribe shall pay the accounting firm for the costs of the annual
296	296	independent financial audit if the Tribe is found not to be in
297	297	compliance with this compact.
298	298	E. A summary of the rules for playing covered games must be
299	299	displayed in a facility. A complete set of rules must be available
300	300	at a facility and provided to a person on request. A copy of the
301	301	rules must be provided to the SCA not later than the 30th day after
302	302	the date the rules are issued or amended.
303	303	F. The Tribe shall provide the commission and SCA with a
304	304	chart of the supervisory authority of individuals directly
305	305	responsible for the conduct of covered games, and shall promptly
306	306	notify the commission and the SCA of any material change to the
307	307	supervisory authority.
308	308	G. The Tribe shall continue to maintain a proactive approach
309	309	to prevent improper alcohol sales, drunk driving, underage
310	310	drinking, and underage gambling that involves extensive staff
311	311	training and certification, patron education, and the use of
312	312	security personnel and surveillance equipment to enhance patrons'
313	313	enjoyment of the facilities and provide for patron safety. Staff
314	314	training must include specialized employee training in nonviolent
315	315	crisis intervention, driver's license verification, and the
316	316	detection of intoxication. Patron education may be accomplished by
317	317	printing a notice on a valet parking stub, posting a sign in the
318	318	facilities, and publishing brochures. The facilities must have
319	319	roving and fixed security officers, along with surveillance
320	320	cameras, to assist in the detection of intoxicated patrons,
321	321	investigate problems, and engage patrons to de-escalate volatile
322	322	situations. This part of this compact does not create a cause of
323	323	action or claim against the State, the Tribe, the commission, or any
324	324	other person, entity, or agency for failing to fulfill a
325	325	requirement of this part.
326	326	H. A person under 21 years of age may not play a covered game
327	327	unless state law authorizes the play of the same or similar games by
328	328	persons under 21 years of age at locations under the state's
329	329	jurisdiction.
330	330	I. The Tribe and the commission shall make available a copy
331	331	of the following documents to any member of the public on request:
332	332	1. the Tribal gaming ordinance;
333	333	2. this compact;
334	334	3. the rules of each covered game operated by the
335	335	Tribe; and
336	336	4. the administrative procedures for addressing
337	337	patron tort claims under Part VI of this compact.
338	338	PART VI. PATRON DISPUTES; TORT CLAIMS; PRIZE CLAIMS; LIMITED
339	339	CONSENT TO SUIT
340	340	A. All patron disputes shall be resolved under the
341	341	procedures established by Section 11 of the Tribe's Gaming
342	342	Ordinance.
343	343	B. The Tribe shall ensure that a patron of a facility is
344	344	afforded due process in seeking and receiving just and reasonable
345	345	compensation for a tort claim for personal injury or property
346	346	damage against a facility arising out of an incident occurring at a
347	347	facility. During the term of this compact, the Tribe shall maintain
348	348	public liability insurance for the express purpose of providing
349	349	coverage for a tort claim. The insurance must have liability limits
350	350	of not less than $250,000 for any one person and $500,000 for any
351	351	one occurrence for personal injury, and $100,000 for any one
352	352	occurrence for property damage, or the corresponding limits under
353	353	Section 101.023(a), Texas Civil Practice and Remedies Code,
354	354	whichever is greater. A tort claim, including a claim for
355	355	compensatory and punitive damages, costs, prejudgment interest,
356	356	and attorney's fees arising out of any claim brought or asserted
357	357	against the Tribe, its subordinate governmental and economic units,
358	358	and any Tribal officials, employees, servants, or agents in their
359	359	official capacities, may not be paid in an amount that exceeds the
360	360	limits of liability of insurance.
361	361	C. The Tribe shall ensure that patrons of a facility are
362	362	afforded due process in seeking and receiving just and reasonable
363	363	compensation arising from a patron's dispute, in connection with
364	364	the patron's play of a covered game, the amount of a prize that has
365	365	been awarded, the failure to award a prize, or the right to receive
366	366	a refund.
367	367	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
368	368	A. The Tribe and the commission are responsible for
369	369	regulating activities under this compact. The Tribe shall adopt or
370	370	issue standards designed to ensure facilities are constructed,
371	371	operated, and maintained to adequately protect the environment and
372	372	public health and safety.
373	373	B. A commission compliance officer shall be available to a
374	374	facility during operation on reasonable notice and shall have
375	375	immediate and complete access to a facility to ensure compliance
376	376	with this compact. The commission shall investigate a suspected or
377	377	reported violation of this part of this compact and shall timely
378	378	file an official written report of the investigation and action
379	379	taken on the violation, and shall send a copy of the investigative
380	380	report to the SCA not later than the 30th day after the date the
381	381	commission files the report. The scope of the report must be
382	382	determined by a memorandum of understanding between the commission
383	383	and the SCA as soon as practicable after the effective date of this
384	384	compact. A violation must be reported immediately to the
385	385	commission, and the commission shall immediately forward the
386	386	violation to the SCA. In addition, the commission shall promptly
387	387	report to the SCA a violation which the commission independently
388	388	discovers.
389	389	C. Representatives of the commission and the SCA shall meet
390	390	at least once each year to review past practices and examine methods
391	391	to improve the regulatory scheme created by this compact. The
392	392	meetings shall take place at a location agreed to by the commission
393	393	and the SCA. The SCA, before or during a meeting, shall disclose to
394	394	the commission any concerns, suspected activities, or pending
395	395	matters reasonably believed to constitute a violation of this
396	396	compact by any person, organization, or entity, if the disclosure
397	397	will not compromise the interest sought to be protected.
398	398	PART VIII. STATE MONITORING OF COMPACT
399	399	A. The SCA may, under this compact, monitor the conduct of a
400	400	covered game to ensure the covered game is conducted in compliance
401	401	with this compact. To properly monitor the conduct of a covered
402	402	game, an agent of the SCA may have, without prior notice, reasonable
403	403	access to all public areas of a facility where a covered game is
404	404	conducted under this compact. An SCA agent must report to a
405	405	commission officer immediately on arrival at the facility. An SCA
406	406	agent may not enter a nonpublic area of a facility without giving
407	407	the commission notice of the agent's arrival 24 hours before the
408	408	hour of the agent's arrival and, on arrival, providing proper
409	409	photographic identification. A commission officer shall accompany
410	410	an SCA agent in a nonpublic area of a facility.
411	411	B. Subject to this compact, an SCA agent has the right to
412	412	review and request a copy of a document of the facility related to
413	413	the conduct of a covered game. The review and copying of the
414	414	document must be during normal business hours unless otherwise
415	415	allowed by the Tribe at the Tribe's discretion. The Tribe may not
416	416	refuse an inspection or request to copy a document, provided that an
417	417	agent cannot require copies of documents in a volume that
418	418	unreasonably interferes with the normal functioning of the facility
419	419	or a covered game.
420	420	C. After an SCA inspection or investigation, the SCA shall
421	421	send to the commission a written report of the inspection or
422	422	investigation that contains all pertinent, nonconfidential,
423	423	nonproprietary information about a violation of an applicable law
424	424	or this compact discovered during an inspection or investigation
425	425	unless disclosure of the information would adversely affect an
426	426	investigation of suspected criminal activity. This compact does
427	427	not prevent the SCA from contacting a tribal or federal law
428	428	enforcement authority about suspected criminal wrongdoing
429	429	involving the commission.
430	430	D. This compact does not authorize the State to regulate the
431	431	Tribe's government or the commission or to interfere with the
432	432	Tribe's selection of the Tribe's governmental officers or members
433	433	of the commission.
434	434	PART IX. JURISDICTION
435	435	The obligations and rights of the State and the Tribe under
436	436	this compact are contractual in nature, and this compact does not
437	437	alter tribal, federal, or state civil or criminal jurisdiction.
438	438	PART X. LICENSING
439	439	The Tribe and the commission shall comply with the licensing
440	440	and hearing requirements in 25 C.F.R. Parts 556 and 558 and
441	441	applicable licensing requirements in the Tribe's Gaming Ordinance.
442	442	PART XI. PAYMENTS TO THE STATE OF TEXAS
443	443	A. The parties acknowledge and recognize that this compact
444	444	provides the Tribe with substantial exclusivity and, consistent
445	445	with the goals of the IGRA, special opportunities for tribal
446	446	economic opportunity through covered gaming activity in the State.
447	447	In consideration of the substantial exclusivity, only while the
448	448	State does not, after January 1, 2022, authorize or allow the
449	449	operation of any additional form of gaming, including slot
450	450	machines, video lottery terminals, video pull-tab games,
451	451	electronic bingo, banked and banking card games, or another type of
452	452	table gaming game, not otherwise authorized under state law on that
453	453	date within 200 miles of the boundary of the Tribe's reservation,
454	454	the Tribe agrees to pay the State a percentage of the revenue
455	455	derived from covered game revenues in an amount equal to three
456	456	percent of the net win received by the Tribe in a calendar year from
457	457	the play of Class III covered games. The amount is due and payable
458	458	not later than the 20th day after the last date of the preceding
459	459	quarter for the revenue received by the Tribe in the preceding
460	460	quarter.
461	461	B. Payment of revenue due under Part XI.A of this compact
462	462	must be made to the comptroller of public accounts of the State.
463	463	Nothing in this compact allocates the revenue to a particular State
464	464	purpose, including regulatory responsibilities under this compact.
465	465	C. This compact does not authorize the State to impose any
466	466	tax, fee, charge, or assessment on the Tribe or an enterprise of the
467	467	Tribe.
468	468	PART XII. DISPUTE RESOLUTION
469	469	A dispute under this compact, including a dispute over
470	470	compliance with or the interpretation of the terms of this compact,
471	471	must be resolved amicably and voluntarily when possible. In
472	472	pursuit of this goal, the following procedures may be invoked:
473	473	A. A party asserting noncompliance or seeking an
474	474	interpretation of this compact first shall serve written notice on
475	475	the other party. The notice must identify the provision alleged to
476	476	have been violated or in dispute and must specify in detail the
477	477	factual basis for the claim. Representatives of the Tribe and State
478	478	shall meet in an effort to resolve the dispute not later than the
479	479	30th day after the date notice is received unless the parties agree
480	480	to extend the time.
481	481	B. A party asserting noncompliance or seeking an
482	482	interpretation of this compact is considered to have certified that
483	483	to the best of the party's knowledge, information, and belief,
484	484	formed after reasonable inquiry, the claim of noncompliance or the
485	485	request for interpretation of this compact is warranted and made in
486	486	good faith and not for any improper purpose, such as to harass or to
487	487	cause unnecessary delay or expense to resolve the dispute.
488	488	C. If the parties are unable to resolve a dispute
489	489	through the process specified in Part XII.A of this compact, either
490	490	party can call for mediation under the Commercial Arbitration Rules
491	491	and Mediation Procedures of the American Arbitration Association
492	492	(AAA) or any such successor procedures, provided that the mediation
493	493	does not last more than 15 calendar days unless the parties agree to
494	494	an extension to this time limit. Mediation is only available for
495	495	resolving disputes over matters arising under this compact.
496	496	D. If the parties are unable to resolve a dispute
497	497	through the process under Parts XII.A and XII.C of this compact,
498	498	notwithstanding any other provision of law, the State or Tribe may
499	499	bring an action in federal district court ("federal court")
500	500	regarding any dispute arising under this compact in a district in
501	501	which the federal court has venue. If the federal court declines to
502	502	exercise jurisdiction, or federal precedent exists that rules that
503	503	the federal court does not have jurisdiction over the dispute, the
504	504	State or the Tribe may bring the action in state court. The State
505	505	and the Tribe are entitled to all rights of appeal permitted by law
506	506	in the court system in which the action is brought.
507	507	E. For purposes of an action based solely on a dispute
508	508	between the State and the Tribe that arises under this compact and
509	509	the enforcement of any judgment resulting from the action, the
510	510	State and the Tribe expressly waive the right to assert sovereign
511	511	immunity from suit and from enforcement of any judgment, and
512	512	consent to be sued in all levels of federal or state court, provided
513	513	that:
514	514	1. the dispute is limited solely to issues
515	515	arising under this compact;
516	516	2. the action does not include a claim for
517	517	monetary damages, other than payment of any money required by the
518	518	terms of this compact, and injunctive relief or specific
519	519	performance enforcing a provision of this compact requiring the
520	520	payment of money to the State may be sought; and
521	521	3. nothing in this compact may be construed to
522	522	constitute a waiver of the sovereign immunity of the State or the
523	523	Tribe with respect to a third party that is made a party or
524	524	intervenes as a party in an action.
525	525	F. In the event that intervention, joinder, or other
526	526	participation by a third party in any action between the State and
527	527	the Tribe would result in the waiver of the State's or the Tribe's
528	528	sovereign immunity to the third party's claim, the waiver of the
529	529	State or the Tribe under this compact may be revoked.
530	530	G. The State may pursue any mediation or judicial
531	531	remedy against the Tribe if the State failed to exhaust Tribal
532	532	administrative remedies.
533	533	H. Notwithstanding anything to the contrary in this
534	534	part of this compact, the Tribe's failure to remit a payment under
535	535	this compact entitles the State to seek injunctive relief in
536	536	federal or state court, at the State's sole discretion, to compel
537	537	the payments after exhausting the dispute resolution process in
538	538	this part of this compact.
539	539	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
540	540	A. Each provision, section, and subsection of this compact
541	541	shall stand separate and independent of every other provision. If a
542	542	federal district court in Texas or other court of competent
543	543	jurisdiction finds a provision of this compact to be invalid, the
544	544	remaining provisions of this compact remain in full force and
545	545	effect, provided that severing the invalidated provision does not
546	546	undermine the overall intent of the parties in entering into this
547	547	compact.
548	548	B. This compact is intended to meet the requirements of the
549	549	IGRA on the effective date of this compact, and where reference is
550	550	made to the IGRA, or to an implementing regulation of the IGRA, the
551	551	reference is considered to be incorporated into this document as if
552	552	set in full. Changes to the IGRA after the effective date of this
553	553	compact that diminish the rights of the State or Tribe may not be
554	554	applied to alter the terms of this compact, except to the extent
555	555	that federal law mandates that retroactive application without the
556	556	respective consent of the State or Tribe.
557	557	C. The presence or absence of language in this compact that
558	558	is present in or absent from another compact between a state and
559	559	another Indian tribe may not be a factor in construing the terms of
560	560	this compact.
561	561	D. Each party shall defend the validity of this compact.
562	562	E. On execution of this compact, the Tribe shall submit the
563	563	compact to the United States secretary of the interior, and the
564	564	parties shall cooperate in seeking the secretary's approval of this
565	565	compact.
566	566	F. Nothing in this compact may be construed to limit,
567	567	restrict, or regulate the Tribe's right to offer Class I and Class
568	568	II gaming as authorized under the IGRA.
569	569	PART XIV. NOTICES
570	570	A notice required under this compact must be given by
571	571	certified mail, return receipt requested, commercial overnight
572	572	courier service, or personal delivery, to:
573	573	Governor
574	574	State of Texas
575	575	State Insurance Building
576	576	1100 San Jacinto
577	577	Austin, TX 78701
578	578	Chairman - Tribal Council
579	579	Kickapoo Traditional Tribe of Texas
580	580	HCR1 9700
581	581	Eagle Pass, TX 78852
582	582	With copies to the general counsel for each party.
583	583	PART XV. EFFECTIVE DATE AND TERM
584	584	A. This compact is effective on approval either by the
585	585	United States secretary of the interior as a tribal-state compact
586	586	under the IGRA or by operation of law and on publication of the
587	587	notice of approval in the Federal Register.
588	588	B. This compact has a term of 25 years beginning on the day
589	589	the compact becomes effective under Part XV.A of this compact. This
590	590	compact remains in full force and effect until the earlier of the
591	591	25th anniversary of the day the compact becomes effective or until
592	592	terminated by agreement of the parties. If either the State or the
593	593	Tribe wishes to extend the term of this compact, the party shall
594	594	notify the other at least 18 months before the date that this
595	595	compact will expire. The parties shall begin negotiations at least
596	596	12 months before the term expires.
597	597	PART XVI. AMENDMENT OF COMPACT
598	598	Amendment of this compact may be made only by written
599	599	agreement of the parties, subject to approval either by the United
600	600	States secretary of the interior or by operation of law, and is
601	601	effective on publication of the notice of approval in the Federal
602	602	Register.
603	603	PART XVII. MISCELLANEOUS
604	604	A. Except to the extent expressly provided in this compact,
605	605	this compact does not create a right for a third party to bring an
606	606	action to enforce a term of this compact.
607	607	B. Nothing in this compact shall alter any existing
608	608	memoranda of understanding, contracts, or other agreements entered
609	609	into between the Tribe and any other federal, state, or local
610	610	governmental entity.
611	611	PART XVIII. EXECUTION
612	612	The chairman of the Tribal Council of the Kickapoo
613	613	Traditional Tribe of Texas affirms that the chairman is duly
614	614	authorized and has the authority to execute this compact on behalf
615	615	of the Tribe. The chairman also affirms that the chairman will take
616	616	all appropriate steps to effectuate the purposes and intent of this
617	617	compact.
618	618	(e) The secretary of state may adopt rules necessary for
619	619	this state to carry out its responsibilities under this section
620	620	unless the Legislature enacts laws authorizing another state agency
621	621	to administer this section. The rules may not apply to the tribe.
622	622	(f) All shipments of gaming equipment or other gaming
623	623	devices into, out of, or within this state authorized under this
624	624	section or a law enacted under this section are legal shipments of
625	625	the devices and are exempt from the provisions of 15 U.S.C. Sections
626	626	1171-1178 prohibiting the transportation of gambling devices.
627	627	SECTION 3. This proposed constitutional amendment shall be
628	628	submitted to the voters at an election to be held November 2, 2021.
629	629	The ballot shall be printed to permit voting for or against the
630	630	proposition: "The constitutional amendment authorizing the
631	631	operation of casino gaming in certain state coastal areas to
632	632	provide additional money for residual windstorm insurance coverage
633	633	and catastrophic flooding assistance in those areas and authorizing
634	634	the Kickapoo Traditional Tribe of Texas to conduct casino gaming by
635	635	executing a gaming compact with this state."