Texas 2023 - 88th Regular

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1	1	88R4485 ADM-F
2	2	By: Gutierrez S.J.R. No. 30
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment authorizing the Kickapoo
7	7	Traditional Tribe of Texas to conduct gaming by executing a gaming
8	8	compact with this state; providing for occupational licensing
9	9	under the compact; 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 compact
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 compact and on
24	24	provision of a copy of the resolution to the governor of this state.
25	25	The governor is not required to take any further action before the
26	26	gaming compact becomes effective. The executed gaming compact
27	27	constitutes a gaming compact between this state and the Kickapoo
28	28	Traditional Tribe of Texas for purposes of the federal Indian
29	29	Gaming Regulatory Act (Pub. L. No. 100-497). The tribe is
30	30	responsible for:
31	31	(1) providing a copy of the executed compact to the
32	32	governor; and
33	33	(2) submitting a copy of the executed compact to the
34	34	United States Secretary of the Interior for approval and
35	35	publication in the Federal Register.
36	36	(b) If, after January 1, 2024, this state by general law or
37	37	constitutional amendment authorizes video lottery terminals, slot
38	38	machines, or other forms of gaming not otherwise authorized before
39	39	that date within 200 miles of the boundary of the reservation of the
40	40	Kickapoo Traditional Tribe of Texas near Eagle Pass, Texas, the
41	41	tribe is authorized to offer the same types of games or devices as
42	42	authorized under that law or amendment at a location designated by
43	43	the tribe. The number of games or devices authorized at the
44	44	location is equal to any maximum number of games or devices
45	45	authorized under that law or amendment for other gaming locations.
46	46	The location must be on land owned or leased by the Kickapoo
47	47	Traditional Tribe of Texas that is within 300 miles of the boundary
48	48	of the tribe's reservation but may not be within 30 miles of a
49	49	racetrack that holds a license under state law to conduct
50	50	pari-mutuel wagering on horse or greyhound racing on the effective
51	51	date of the compact executed under Subsection (a) of this section.
52	52	The gaming authorized under this subsection shall be regulated by
53	53	the Kickapoo Traditional Tribe of Texas and the Secretary of State.
54	54	A rule on gaming conducted by the tribe that is adopted by the
55	55	Secretary of State may not be more restrictive than a rule
56	56	applicable to other comparable types of gaming licensed by this
57	57	state. A tax or fee may not be imposed on the tribe in an amount
58	58	that exceeds the amount of a tax or fee imposed on the operators of
59	59	other gaming facilities in this state.
60	60	(c) A gaming compact executed under Subsection (a) of this
61	61	section must be in the form and contain the provisions as follows:
62	62	THE KICKAPOO TRADITIONAL TRIBE OF TEXAS AND THE STATE OF TEXAS
63	63	GAMING COMPACT
64	64	This compact is entered into between the Kickapoo Traditional
65	65	Tribe of Texas, a federally recognized Indian Tribe ("Tribe"), and
66	66	the State of Texas ("State"), with respect to the operation of
67	67	covered games (as defined herein) on the Tribe's Indian lands as
68	68	defined by Section 4(4), Indian Gaming Regulatory Act (25 U.S.C.
69	69	Section 2703(4)).
70	70	PART I. TITLE
71	71	This document shall be referred to as "The Kickapoo
72	72	Traditional Tribe of Texas and State of Texas Gaming Compact."
73	73	PART II. RECITALS
74	74	1. The Tribe is a federally recognized tribal government
75	75	with sovereign powers and rights of self-government. The Tribe has
76	76	special gaming rights under the federal Indian Gaming Regulatory
77	77	Act (Pub. L. No. 100-497).
78	78	2. The State is a state of the United States possessing the
79	79	sovereign powers and rights of a state.
80	80	3. The State and the Tribe maintain a
81	81	government-to-government relationship, and this compact will
82	82	foster mutual respect and understanding between Indians and
83	83	non-Indians.
84	84	4. The Tribe and the State jointly intend to protect the
85	85	integrity of gaming regulated under this compact.
86	86	5. The gaming under this compact will further the purposes
87	87	of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to
88	88	promote tribal economic development, self-sufficiency, and strong
89	89	tribal government, and will assist the Tribe in funding tribal
90	90	programs that provide needed services to the Tribe's members.
91	91	PART III. DEFINITIONS
92	92	In this compact:
93	93	A. "Class III gaming" means the forms of Class III
94	94	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
95	95	U.S.C. Section 2703(8)) and by the regulations of the National
96	96	Indian Gaming Commission.
97	97	B. "Commission" means the Kickapoo Traditional Tribe
98	98	of Texas Tribal Gaming Commission, which is the tribal governmental
99	99	agency assigned the authority to carry out the Tribe's regulatory
100	100	and oversight responsibilities under this compact.
101	101	C. "Compact" means this gaming compact between the
102	102	Kickapoo Traditional Tribe of Texas and the State of Texas.
103	103	D. "Covered game" or "covered gaming activity" means
104	104	Class III gaming activities that were determined to be available to
105	105	the Tribe by the United States Department of the Interior, video
106	106	lottery terminals, and any other Class III game of chance or skill
107	107	authorized by State law for any person after January 1, 2024.
108	108	E. "Covered game employee" or "covered employee" means
109	109	an individual employed and licensed by the Tribe whose
110	110	responsibilities include providing services related to the
111	111	operation, maintenance, or management of covered games. The term:
112	112	(1) includes:
113	113	a. managers and assistant managers;
114	114	b. accounting personnel;
115	115	c. commission officers;
116	116	d. surveillance and security personnel;
117	117	e. cashiers, supervisors, and floor
118	118	personnel;
119	119	f. cage personnel; and
120	120	g. any other employee whose employment
121	121	duties require or authorize access to areas of a facility related to
122	122	the conduct of a covered game or the technical support or storage of
123	123	a covered game component; and
124	124	(2) does not include an elected official of the
125	125	Tribe who is not directly involved in the operation, maintenance,
126	126	or management of a covered game or covered game component.
127	127	F. "Document" means a book, a record, an electronic,
128	128	magnetic, or computer media document, or another writing or
129	129	material. The term includes a copy of any of those documents and
130	130	information contained in the document.
131	131	G. "Effective date" means the date on which the
132	132	compact becomes effective under Part XV.A of this compact.
133	133	H. "Facility" or "facilities" means a building or
134	134	buildings of the Tribe in which a covered game authorized by this
135	135	compact is conducted on the Tribe's Indian lands as defined by the
136	136	Indian Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the
137	137	terms of this compact, the Tribe has the ultimate responsibility
138	138	for ensuring that the operation of each facility conforms to the
139	139	requirements of this compact.
140	140	I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
141	141	L. No. 100-497).
142	142	J. "Net win" means the total receipts, not including
143	143	free or promotional credits issued by the Tribe, from the play of
144	144	all covered games less all prize payouts and participation fees.
145	145	K. "Participation fee" means a payment made by the
146	146	Tribe to a supplier on a periodic basis for the right to lease or
147	147	otherwise offer for play a gaming device that the Tribe does not own
148	148	for a covered gaming activity. A participation fee may be a royalty
149	149	payment or lease payment.
150	150	L. "Patron" means a person who is on the premises of a
151	151	facility or who is entering the Tribe's Indian lands for the purpose
152	152	of playing a covered game authorized by this compact.
153	153	M. "Rules" means rules adopted by the commission to
154	154	implement this compact.
155	155	N. "State" means the State of Texas.
156	156	O. "State compliance agency" ("SCA") means the office
157	157	of the Secretary of State or another agency authorized by the
158	158	legislature to carry out the State's oversight responsibilities
159	159	under this compact.
160	160	P. "Tribe" means the Kickapoo Traditional Tribe of
161	161	Texas.
162	162	Q. "Video lottery terminal" means an electronic game
163	163	of chance connected to a centralized computer system operated by
164	164	the Tribe.
165	165	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES; LIMITATION
166	166	ON PARTICIPATION FEE DEDUCTION
167	167	A. 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	B. The Tribe acknowledges that the Tribe did not hold an
171	171	interest in a company that supplies a gaming device on the date this
172	172	compact was executed. If the Tribe acquires an interest in a
173	173	company that supplies gaming devices, the Tribe may not deduct from
174	174	the net win a participation fee for the supplier in which the Tribe
175	175	has acquired an interest.
176	176	PART V. RULES; MINIMUM REQUIREMENTS
177	177	A. During the term of this compact, the Tribe is responsible
178	178	for all duties assigned to the Tribe and the commission under this
179	179	compact. The Tribe shall adopt any rules necessary to implement
180	180	this compact. Nothing in this compact may be construed to affect
181	181	the Tribe's right to amend the Tribe's rules, provided the amendment
182	182	is in conformity with this compact. The SCA may propose to the
183	183	commission additional rules consistent with the implementation of
184	184	this compact, and the commission shall in good faith consider the
185	185	proposal and notify the SCA of the Tribe's response or action in
186	186	regard to the proposal.
187	187	B. All facilities must comply with and all covered games
188	188	must be operated in accordance with this compact. All facilities
189	189	must be operated in strict compliance with tribal internal control
190	190	standards that must provide a level of control that equals or
191	191	exceeds the minimum internal control standards for Class III gaming
192	192	recommended by the National Indian Gaming Commission on August 14,
193	193	2018, as the standards may be updated from time to time.
194	194	C. The Tribe agrees to maintain the following safeguards
195	195	against problem gambling:
196	196	1. The Tribe will provide a comprehensive training
197	197	program to all gaming employees.
198	198	2. The Tribe will make available to patrons printed
199	199	materials that include contact information for organizations
200	200	dedicated to assisting problem gamblers.
201	201	3. The commission shall establish a list of the
202	202	patrons voluntarily excluded from the Tribe's facilities under Part
203	203	V.C.5 of this compact.
204	204	4. The Tribe shall employ its best efforts to exclude
205	205	patrons on the list maintained under Part V.C.3 of this compact.
206	206	This compact does not create a cause of action against the State,
207	207	the Tribe, the commission, or any other person, entity, or agency
208	208	for failing to exclude a patron on the list established under Part
209	209	V.C.3 of this compact.
210	210	5. A patron who believes the patron may be playing a
211	211	covered game on a compulsive basis may request that the patron's
212	212	name be placed on the list of patrons voluntarily excluded from the
213	213	Tribe's facilities.
214	214	6. All covered game employees who interact with
215	215	patrons shall receive training to identify a patron who may have a
216	216	problem with compulsive gambling and instruct the patron to leave.
217	217	Signs bearing a toll-free help line number and educational and
218	218	informational materials must be made available at conspicuous
219	219	locations and ATMs in each facility. The signs must be designed in
220	220	a manner that is aimed at preventing problem gambling and that
221	221	specifies where patrons may receive counseling or assistance for
222	222	gambling problems. Nothing in this part of this compact creates a
223	223	cause of action or claim against the State, the Tribe, the
224	224	commission, or any other person, entity, or agency for failing to
225	225	identify a patron or person who is a compulsive gambler or asking
226	226	that person to leave.
227	227	7. The Tribe shall make diligent efforts to prevent an
228	228	underage individual from loitering in the area of each facility
229	229	where a covered game is conducted.
230	230	8. The Tribe shall assure that advertising and
231	231	marketing of the covered games at the facilities contain a
232	232	responsible gambling message and a toll-free help line number for
233	233	problem gamblers where practical and that the advertising and
234	234	marketing messages do not make any false or misleading claims.
235	235	D. The State may secure an annual independent financial
236	236	audit of the conduct of covered games subject to this compact. The
237	237	audit must examine revenues from the conduct of a covered game and
238	238	must verify the determination of net win and the basis of, and right
239	239	to, the payments made to the State pursuant to Part XI of this
240	240	compact and as defined by this compact. A copy of the audit report
241	241	for the conduct of a covered game must be submitted to the
242	242	commission not later than the 30th day after the date an audit is
243	243	completed. A representative of the SCA may, on request, meet with
244	244	the Tribe and the Tribe's auditors to discuss an audit or matter in
245	245	connection with the audit, provided the discussions are limited to
246	246	covered games information. The annual independent financial audit
247	247	must be performed by an independent accounting firm with experience
248	248	in auditing casino operations, selected by the State and subject to
249	249	the Tribe's consent, which may not be unreasonably withheld. The
250	250	Tribe shall pay the accounting firm for the costs of the annual
251	251	independent financial audit if the Tribe is found not to be in
252	252	compliance with this compact.
253	253	E. A summary of the rules for playing covered games must be
254	254	displayed in a facility. A complete set of rules must be available
255	255	at a facility and provided to a patron on request. A copy of the
256	256	rules must be provided to the SCA not later than the 30th day after
257	257	the date the rules are issued or amended.
258	258	F. The Tribe shall provide the commission and SCA with a
259	259	chart of the supervisory authority of individuals directly
260	260	responsible for the conduct of covered games, and shall promptly
261	261	notify the commission and the SCA of any material change to the
262	262	supervisory authority.
263	263	G. The Tribe shall continue to maintain a proactive approach
264	264	to prevent improper alcohol sales, drunk driving, underage
265	265	drinking, and underage gambling that involves extensive staff
266	266	training and certification, patron education, and the use of
267	267	security personnel and surveillance equipment to enhance patrons'
268	268	enjoyment of the facilities and provide for patron safety. Staff
269	269	training must include specialized employee training in nonviolent
270	270	crisis intervention, driver's license verification, and the
271	271	detection of intoxication. Patron education may be accomplished by
272	272	printing a notice on a valet parking stub, posting a sign in the
273	273	facilities, and publishing brochures. The facilities must have
274	274	roving and fixed security officers, along with surveillance
275	275	cameras, to assist in the detection of intoxicated patrons,
276	276	investigate problems, and engage patrons to de-escalate volatile
277	277	situations. This part of this compact does not create a cause of
278	278	action or claim against the State, the Tribe, the commission, or any
279	279	other person, entity, or agency for failing to fulfill a
280	280	requirement of this part.
281	281	H. A person under 21 years of age may not play a covered game
282	282	unless state law authorizes the play of the same or similar games by
283	283	persons under 21 years of age at locations under the state's
284	284	jurisdiction.
285	285	I. The Tribe and the commission shall make available a copy
286	286	of the following documents to any member of the public on request:
287	287	1. the tribal gaming ordinance;
288	288	2. this compact;
289	289	3. the rules of each covered game operated by the
290	290	Tribe; and
291	291	4. the administrative procedures for addressing
292	292	patron tort claims under Part VI of this compact.
293	293	PART VI. PATRON DISPUTES; TORT CLAIMS; PRIZE CLAIMS; LIMITED
294	294	CONSENT TO SUIT
295	295	A. All Patron disputes shall be resolved under the
296	296	procedures established by the Tribe's Gaming Ordinance and such
297	297	remedies must be exhausted.
298	298	B. If a Patron is not satisfied with the outcome of a tort
299	299	claim the Patron submitted under the procedures established by the
300	300	Tribe's Gaming Ordinance, that Patron may pursue a tort claim in
301	301	Maverick County District Court for personal injury or property
302	302	damage against the Kickapoo Lucky Eagle Casino arising out of an
303	303	incident occurring at a facility. For tort claims brought in a
304	304	Maverick County District Court under this section against the
305	305	Kickapoo Lucky Eagle Casino, the Tribe agrees to waive its Tribal
306	306	sovereign immunity to the same extent as the State waives its
307	307	sovereign immunity, as specified in Sections 101.023(a) and
308	308	101.025(a), Civil Practice and Remedies Code, as amended by the
309	309	Texas Legislature. The Tribe and its insurance carrier are
310	310	prohibited from invoking tribal sovereign immunity for tort claims
311	311	up to the limits to which the State has waived sovereign immunity as
312	312	set forth in Section 101.023(a), Civil Practice and Remedies Code,
313	313	as amended by the Texas Legislature, provided that the provision
314	314	remains the same for State agencies as for the Tribe, but the Tribe
315	315	and its insurance carrier are permitted to assert any available
316	316	statutory or common law defense for tort claims of Patrons made
317	317	under this section.
318	318	C. In no event shall the Tribe be considered to have waived
319	319	its Tribal immunity from suit beyond the limits set forth in Section
320	320	101.023(a), Civil Practice and Remedies Code. These limitations
321	321	are intended to include liability for compensatory damages, costs,
322	322	prejudgment interest, punitive damages, and attorney fees if
323	323	otherwise allowable under state law arising out of any tort claim
324	324	brought or asserted against the Tribe, its subordinate governmental
325	325	and economic units, any tribal officials, employees, servants, or
326	326	agents in their official capacities and any entity which is owned,
327	327	directly or indirectly, by the Tribe.
328	328	D. All Patron tort claims brought under this provision shall
329	329	be brought solely against the Kickapoo Lucky Eagle Casino, an
330	330	economic entity owned by a federally recognized Indian tribe, as
331	331	the sole party in interest.
332	332	E. The Tribe shall ensure that patrons of a facility are
333	333	afforded due process in seeking and receiving just and reasonable
334	334	compensation arising from a patron's dispute, in connection with
335	335	the patron's play of a covered game, the amount of a prize that has
336	336	been awarded, the failure to award a prize, or the right to receive
337	337	a refund. Such patron disputes shall be resolved under the
338	338	procedures established by the Tribe's Gaming Ordinance.
339	339	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
340	340	A. The Tribe and the commission are responsible for
341	341	regulating activities under this compact. The Tribe shall adopt or
342	342	issue standards designed to ensure that the facilities are
343	343	constructed, operated, and maintained to adequately protect the
344	344	environment and public health and safety.
345	345	B. A commission compliance officer shall be available to a
346	346	facility during operation on reasonable notice and shall have
347	347	immediate and complete access to a facility to ensure compliance
348	348	with this compact. The commission shall investigate a suspected or
349	349	reported violation of this part of this compact and shall timely
350	350	file an official written report of the investigation and action
351	351	taken on the violation, and shall send a copy of the investigative
352	352	report to the SCA not later than the 30th day after the date the
353	353	commission files the report. The scope of the report must be
354	354	determined by a memorandum of understanding between the commission
355	355	and the SCA as soon as practicable after the effective date of this
356	356	compact. A violation must be reported immediately to the
357	357	commission, and the commission shall immediately forward the
358	358	violation to the SCA. In addition, the commission shall promptly
359	359	report to the SCA a violation which the commission independently
360	360	discovers.
361	361	C. Representatives of the commission and the SCA shall meet
362	362	at least once each year to review past practices and examine methods
363	363	to improve the regulatory scheme created by this compact. The
364	364	meetings shall take place at a location agreed to by the commission
365	365	and the SCA. The SCA, before or during a meeting, shall disclose to
366	366	the commission any concerns, suspected activities, or pending
367	367	matters reasonably believed to constitute a violation of this
368	368	compact by any person, organization, or entity, if the disclosure
369	369	will not compromise the interest sought to be protected.
370	370	PART VIII. STATE MONITORING OF COMPACT
371	371	A. The SCA may, under this compact, monitor the conduct of a
372	372	covered game to ensure that a covered game is conducted in
373	373	compliance with this compact. In order to properly monitor the
374	374	conduct of a covered game, an agent of the SCA may have, without
375	375	prior notice, reasonable access to all public areas of a facility
376	376	where a covered game is conducted under this compact. An SCA agent
377	377	must report to a commission officer immediately on arrival at the
378	378	facility. An SCA agent may not enter a nonpublic area of a facility
379	379	without giving the commission notice of the agent's arrival 24
380	380	hours before the hour of the agent's arrival and, on arrival,
381	381	providing proper photographic identification. A commission
382	382	officer shall accompany an SCA agent in a nonpublic area of a
383	383	facility.
384	384	B. Subject to this compact, an SCA agent has the right to
385	385	review and request a copy of a document of the facility related to
386	386	the conduct of a covered game. The review and copying of the
387	387	document must be during normal business hours unless otherwise
388	388	allowed by the Tribe at the Tribe's discretion. The Tribe may not
389	389	refuse an inspection or request to copy a document, provided that an
390	390	agent cannot require copies of documents in a volume that
391	391	unreasonably interferes with the normal functioning of the facility
392	392	or a covered game.
393	393	C. After an SCA inspection or investigation, the SCA shall
394	394	send to the commission a written report of the inspection or
395	395	investigation that contains all pertinent, nonconfidential,
396	396	nonproprietary information about a violation of an applicable law
397	397	or this compact discovered during an inspection or investigation
398	398	unless disclosure of the information would adversely affect an
399	399	investigation of suspected criminal activity. This compact does
400	400	not prevent the SCA from contacting a tribal or federal law
401	401	enforcement authority about suspected criminal wrongdoing
402	402	involving the commission.
403	403	D. This compact does not authorize the State to regulate the
404	404	Tribe's government or the commission or to interfere with the
405	405	Tribe's selection of the Tribe's governmental officers or members
406	406	of the commission.
407	407	PART IX. JURISDICTION
408	408	The obligations and rights of the State and the Tribe under
409	409	this compact are contractual in nature, and this compact does not
410	410	alter tribal, federal, or state civil or criminal jurisdiction.
411	411	PART X. LICENSING
412	412	The Tribe and the commission shall comply with the licensing
413	413	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
414	414	applicable licensing requirements in the Tribe's Gaming Ordinance.
415	415	PART XI. PAYMENTS TO THE STATE OF TEXAS
416	416	A. The parties acknowledge and recognize that this compact
417	417	provides the Tribe with substantial exclusivity and, consistent
418	418	with the goals of the IGRA, special opportunities for tribal
419	419	economic opportunity through covered gaming activity in the State.
420	420	In consideration of the substantial exclusivity, only while the
421	421	State does not, after January 1, 2024, authorize or allow the
422	422	operation of any additional form of gaming, including slot
423	423	machines, video lottery terminals, video pull-tab games,
424	424	electronic bingo, sports betting, banked and banking card games, or
425	425	another type of table gaming game, not otherwise authorized under
426	426	state law on that date within 200 miles of the boundary of the
427	427	Tribe's reservation, the Tribe agrees to pay the State a percentage
428	428	of the revenue derived from covered game revenues in an amount equal
429	429	to three percent of the net win received by the Tribe in a calendar
430	430	year from the play of Class III covered games. The amount is due and
431	431	payable not later than the 20th day after the last date of the
432	432	preceding quarter for the revenue received by the Tribe in the
433	433	preceding quarter.
434	434	B. Payment of revenue due under Part XI.A of this compact
435	435	must be made to the comptroller of public accounts of the State.
436	436	Nothing in this compact allocates the revenue to a particular State
437	437	purpose, including regulatory responsibilities under this compact.
438	438	C. This compact does not authorize the State to impose any
439	439	tax, fee, charge, or assessment on the Tribe or an enterprise of the
440	440	Tribe.
441	441	PART XII. DISPUTE RESOLUTION
442	442	A dispute under this compact, including a dispute over
443	443	compliance with or the interpretation of the terms of this compact,
444	444	must be resolved amicably and voluntarily when possible. In
445	445	pursuit of this goal, the following procedures may be invoked:
446	446	A. A party asserting noncompliance or seeking an
447	447	interpretation of this compact first shall serve written notice on
448	448	the other party. The notice must identify the provision alleged to
449	449	have been violated or in dispute and must specify in detail the
450	450	factual basis for the claim. Representatives of the Tribe and State
451	451	shall meet in an effort to resolve the dispute not later than the
452	452	30th day after the date notice is received unless the parties agree
453	453	to extend the time.
454	454	B. A party asserting noncompliance or seeking an
455	455	interpretation of this compact is considered to have certified that
456	456	to the best of the party's knowledge, information, and belief,
457	457	formed after reasonable inquiry, the claim of noncompliance or the
458	458	request for interpretation of this compact is warranted and made in
459	459	good faith and not for any improper purpose, such as to harass or to
460	460	cause unnecessary delay or expense to resolve the dispute.
461	461	C. If the parties are unable to resolve a dispute
462	462	through the process specified in Part XII.A of this compact, either
463	463	party can call for mediation under the Commercial Arbitration Rules
464	464	and Mediation Procedures of the American Arbitration Association
465	465	(AAA) or any such successor procedures, provided that the mediation
466	466	does not last more than 15 calendar days unless the parties agree to
467	467	an extension to this time limit. Mediation is only available for
468	468	resolving disputes over matters arising under this compact.
469	469	D. If the parties are unable to resolve a dispute
470	470	through the process under Parts XII.A and XII.C of this compact,
471	471	notwithstanding any other provision of law, the State or Tribe may
472	472	bring an action in federal district court ("federal court")
473	473	regarding any dispute arising under this compact in a district in
474	474	which the federal court has venue. If the federal court declines to
475	475	exercise jurisdiction, or federal precedent exists that rules that
476	476	the federal court does not have jurisdiction over the dispute, the
477	477	State or the Tribe may bring the action in state court. The State
478	478	and the Tribe are entitled to all rights of appeal permitted by law
479	479	in the court system in which the action is brought.
480	480	E. For purposes of an action based solely on a dispute
481	481	between the State and the Tribe that arises under this compact and
482	482	the enforcement of any judgment resulting from the action, the
483	483	State and the Tribe expressly waive the right to assert sovereign
484	484	immunity from suit and from enforcement of any judgment, and
485	485	consent to be sued in all levels of federal or state court, provided
486	486	that:
487	487	1. the dispute is limited solely to issues
488	488	arising under this compact;
489	489	2. the action does not include a claim for
490	490	monetary damages, other than payment of any money required by the
491	491	terms of this compact, and injunctive relief or specific
492	492	performance enforcing a provision of this compact requiring the
493	493	payment of money to the State may be sought; and
494	494	3. nothing in this compact may be construed to
495	495	constitute a waiver of the sovereign immunity of the State or the
496	496	Tribe with respect to a third party that is made a party or
497	497	intervenes as a party in an action.
498	498	F. In the event that intervention, joinder, or other
499	499	participation by a third party in any action between the State and
500	500	the Tribe would result in the waiver of the State's or the Tribe's
501	501	sovereign immunity to the third party's claim, the waiver of the
502	502	State or the Tribe under this compact may be revoked.
503	503	G. The State may pursue any mediation or judicial
504	504	remedy against the Tribe if the State failed to exhaust Tribal
505	505	administrative remedies.
506	506	H. Notwithstanding anything to the contrary in this
507	507	part of this compact, the Tribe's failure to remit a payment under
508	508	this compact entitles the State to seek injunctive relief in
509	509	federal or state court, at the State's sole discretion, to compel
510	510	the payments after exhausting the dispute resolution process in
511	511	this part of this compact.
512	512	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
513	513	A. Each provision, section, and subsection of this compact
514	514	shall stand separate and independent of every other provision. If a
515	515	federal district court in Texas or other court of competent
516	516	jurisdiction finds a provision of this compact to be invalid, the
517	517	remaining provisions of this compact remain in full force and
518	518	effect, provided that severing the invalidated provision does not
519	519	undermine the overall intent of the parties in entering into this
520	520	compact.
521	521	B. This compact is intended to meet the requirements of the
522	522	IGRA on the effective date of this compact, and where reference is
523	523	made to the IGRA, or to an implementing regulation of the IGRA, the
524	524	reference is considered to be incorporated into this document as if
525	525	set in full. Changes to the IGRA after the effective date of this
526	526	compact that diminish the rights of the State or Tribe may not be
527	527	applied to alter the terms of this compact, except to the extent
528	528	that federal law mandates that retroactive application without the
529	529	respective consent of the State or Tribe.
530	530	C. The presence or absence of language in this compact that
531	531	is present in or absent from another compact between a state and
532	532	another Indian tribe may not be a factor in construing the terms of
533	533	this compact.
534	534	D. Each party shall defend the validity of this compact.
535	535	E. On execution of this compact, the Tribe shall submit the
536	536	compact to the United States Secretary of the Interior, and the
537	537	parties shall cooperate in seeking the Secretary's approval of this
538	538	compact.
539	539	F. Nothing in this compact may be construed to limit,
540	540	restrict, or regulate the Tribe's right to offer Class I and Class
541	541	II gaming as authorized under the IGRA.
542	542	PART XIV. NOTICES
543	543	A notice required under this compact must be given by
544	544	certified mail, return receipt requested, commercial overnight
545	545	courier service, or personal delivery, to:
546	546	Governor
547	547	State of Texas
548	548	State Insurance Building
549	549	1100 San Jacinto
550	550	Austin, TX 78701
551	551	Chairman - Tribal Council
552	552	Kickapoo Traditional Tribe of Texas
553	553	2212 Rosita Valley Road
554	554	Eagle Pass, TX 78852
555	555	With copies to the general counsel for each party.
556	556	PART XV. EFFECTIVE DATE AND TERM
557	557	A. This compact is effective on approval either by the
558	558	United States Secretary of the Interior as a tribal-state compact
559	559	under the IGRA or by operation of law and on publication of the
560	560	notice of approval in the Federal Register.
561	561	B. This compact has a term of 25 years beginning on the day
562	562	the compact becomes effective under Part XV.A of this compact. This
563	563	compact remains in full force and effect until the earlier of the
564	564	25th anniversary of the day the compact becomes effective or until
565	565	terminated by agreement of the parties. If either the State or the
566	566	Tribe wishes to extend the term of this compact, the party shall
567	567	notify the other at least 18 months before the date that this
568	568	compact will expire. The parties shall begin negotiations at least
569	569	12 months before the term expires.
570	570	PART XVI. AMENDMENT OF COMPACT
571	571	Amendment of this compact may only be made by written
572	572	agreement of the parties, subject to approval either by the United
573	573	States Secretary of the Interior or by operation of law and is
574	574	effective on publication of the notice of approval in the Federal
575	575	Register.
576	576	PART XVII. MISCELLANEOUS
577	577	A. Except to the extent expressly provided in this compact,
578	578	this compact does not create a right for a third party to bring an
579	579	action to enforce a term of this compact.
580	580	B. Nothing in this compact shall alter any existing
581	581	memoranda of understanding, contracts, or other agreements entered
582	582	into between the Tribe and any other federal, state, or local
583	583	governmental entity.
584	584	PART XVIII. EXECUTION
585	585	The chairman of the Tribal Council of the Kickapoo
586	586	Traditional Tribe of Texas affirms that the chairman is duly
587	587	authorized and has the authority to execute this compact on behalf
588	588	of the Tribe. The chairman also affirms that the chairman will take
589	589	all appropriate steps to effectuate the purposes and intent of this
590	590	compact.
591	591	(d) The Secretary of State may adopt rules necessary for
592	592	this state to carry out its responsibilities under this section
593	593	unless the Legislature enacts laws authorizing another state agency
594	594	to administer this section. The rules may not apply to the Tribe.
595	595	(e) All shipments of gaming equipment or other gaming
596	596	devices into, out of, or within this state authorized under this
597	597	section or a law enacted under this section are legal shipments of
598	598	the devices and are exempt from the provisions of 15 U.S.C. Sections
599	599	1171-1178 prohibiting the transportation of gambling devices.
600	600	SECTION 3. This proposed constitutional amendment shall be
601	601	submitted to the voters at an election to be held November 7, 2023.
602	602	The ballot shall be printed to permit voting for or against the
603	603	proposition: "The constitutional amendment authorizing the
604	604	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
605	605	a gaming compact with this state."