| 1 | 1 | | 88R12948 BEE-D |
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| 2 | 2 | | By: González of El Paso H.J.R. No. 156 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment to require the governor to |
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| 7 | 7 | | negotiate and execute gaming compacts with the Alabama-Coushatta |
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| 8 | 8 | | Tribe of Texas, the Kickapoo Traditional Tribe of Texas, and the |
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| 9 | 9 | | Ysleta del Sur Pueblo and to authorize those tribes to sue this |
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| 10 | 10 | | state if the governor fails to negotiate in good faith. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 47(a), Article III, Texas Constitution, |
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| 13 | 13 | | is amended to read as follows: |
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| 14 | 14 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 15 | 15 | | and gift enterprises in this State other than those authorized by |
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| 16 | 16 | | Subsections (b), (d), (d-1), and (e) of this section and Section 47a |
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| 17 | 17 | | of this article. |
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| 18 | 18 | | SECTION 2. Article III, Texas Constitution, is amended by |
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| 19 | 19 | | adding Section 47a to read as follows: |
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| 20 | 20 | | Sec. 47a. (a) In this section: |
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| 21 | 21 | | (1) "Class III gaming" means class III gaming: |
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| 22 | 22 | | (A) as defined by 25 U.S.C. Section 2703(8); and |
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| 23 | 23 | | (B) as prescribed by the regulations of the |
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| 24 | 24 | | National Indian Gaming Commission. |
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| 25 | 25 | | (2) "Federally recognized Indian tribe in this state" |
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| 26 | 26 | | means: |
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| 27 | 27 | | (A) the Alabama-Coushatta Tribe of Texas; |
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| 28 | 28 | | (B) the Kickapoo Traditional Tribe of Texas; or |
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| 29 | 29 | | (C) the Ysleta del Sur Pueblo. |
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| 30 | 30 | | (3) "Indian Gaming Regulatory Act" means the federal |
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| 31 | 31 | | Indian Gaming Regulatory Act (Pub. L. No. 100-497). |
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| 32 | 32 | | (4) "Indian lands" has the meaning assigned by 25 |
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| 33 | 33 | | U.S.C. Section 2703(4). |
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| 34 | 34 | | (b) At the request of a federally recognized Indian tribe in |
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| 35 | 35 | | this state, the governor shall negotiate in good faith a |
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| 36 | 36 | | Tribal-State compact with the requesting Indian tribe to govern |
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| 37 | 37 | | class III gaming activity conducted by the Indian tribe on Indian |
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| 38 | 38 | | lands under the Indian Gaming Regulatory Act. In negotiating the |
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| 39 | 39 | | Tribal-State compact, the governor is bound by 25 U.S.C. Section |
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| 40 | 40 | | 2710(d). At the conclusion of negotiations, the governor and the |
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| 41 | 41 | | elected leader of the requesting Indian tribe shall execute the |
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| 42 | 42 | | Tribal-State compact and submit the compact to the United States |
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| 43 | 43 | | secretary of the interior for approval and publication in the |
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| 44 | 44 | | Federal Register. |
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| 45 | 45 | | (c) If the governor fails to negotiate a Tribal-State |
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| 46 | 46 | | compact under Subsection (b) of this section with a requesting |
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| 47 | 47 | | Indian tribe, the Indian tribe may seek relief as provided by 25 |
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| 48 | 48 | | U.S.C. Section 2710(d), including by suing the governor and the |
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| 49 | 49 | | state for failing to conduct negotiations in good faith as required |
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| 50 | 50 | | under Subsection (a) of this section and the Indian Gaming |
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| 51 | 51 | | Regulatory Act. |
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| 52 | 52 | | (d) The sovereign immunity of the state is waived for the |
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| 53 | 53 | | purpose of any legal proceeding relating to the governor's alleged |
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| 54 | 54 | | failure to negotiate in good faith under Subsection (b) of this |
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| 55 | 55 | | section or the Indian Gaming Regulatory Act. |
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| 56 | 56 | | (e) If either the Alabama-Coushatta Tribe of Texas or the |
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| 57 | 57 | | Ysleta del Sur Pueblo are not authorized to conduct gaming under the |
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| 58 | 58 | | Indian Gaming Regulatory Act at the time this amendment is approved |
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| 59 | 59 | | by a majority of the voters at an election called for that purpose, |
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| 60 | 60 | | that Indian tribe may offer any form of gaming authorized by this |
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| 61 | 61 | | amendment or any future amendment without being subject to or |
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| 62 | 62 | | complying with any gaming regulations prescribed by the state. |
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| 63 | 63 | | SECTION 3. This proposed constitutional amendment shall be |
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| 64 | 64 | | submitted to the voters at an election to be held November 7, 2023. |
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| 65 | 65 | | The ballot shall be printed to permit voting for or against the |
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| 66 | 66 | | proposition: "The constitutional amendment to require the governor |
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| 67 | 67 | | to negotiate and execute gaming compacts with the Alabama-Coushatta |
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| 68 | 68 | | Tribe of Texas, the Kickapoo Traditional Tribe of Texas, and the |
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| 69 | 69 | | Ysleta del Sur Pueblo and to authorize those tribes to sue this |
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| 70 | 70 | | state if the governor fails to negotiate in good faith." |
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