Texas 2025 - 89th Regular

Texas House Bill HJR156 Compare Versions

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1	1	89R11878 BEE-F
2	2	By: Morales of Maverick H.J.R. No. 156
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7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment authorizing the Kickapoo
9	9	Traditional Tribe of Texas to conduct gaming by executing a gaming
10	10	compact with this state; providing for occupational licensing
11	11	under the compact; limiting certain taxes and fees.
12	12	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 47(a), Article III, Texas Constitution,
14	14	is amended to read as follows:
15	15	(a) The Legislature shall pass laws prohibiting lotteries
16	16	and gift enterprises in this State other than those authorized by
17	17	Subsections (b), (d), (d-1), and (e) of this section and Section 47a
18	18	of this article.
19	19	SECTION 2. Article III, Texas Constitution, is amended by
20	20	adding Section 47a to read as follows:
21	21	Sec. 47a. (a) The chairman of the federally recognized
22	22	Kickapoo Traditional Tribe of Texas may execute a gaming compact
23	23	containing the terms set forth in Subsection (c) of this section on
24	24	receipt of a duly enacted resolution of the tribe's governing body
25	25	authorizing the chairman to execute the compact and on provision of
26	26	a copy of the resolution to the governor of this state. The
27	27	governor is not required to take any further action before the
28	28	gaming compact becomes effective. The executed gaming compact
29	29	constitutes a gaming compact between this state and the Kickapoo
30	30	Traditional Tribe of Texas for purposes of the federal Indian
31	31	Gaming Regulatory Act (Pub. L. No. 100-497). The tribe is
32	32	responsible for:
33	33	(1) providing a copy of the executed compact to the
34	34	governor; and
35	35	(2) submitting a copy of the executed compact to the
36	36	United States Secretary of the Interior for approval and
37	37	publication in the Federal Register.
38	38	(b) If, after January 1, 2025, video lottery terminals, slot
39	39	machines, or other forms of gaming not otherwise authorized before
40	40	that date are authorized under state law within 200 miles of the
41	41	boundary of the reservation of the Kickapoo Traditional Tribe of
42	42	Texas near Eagle Pass, Texas, the tribe is authorized to offer the
43	43	same types of games or devices, including any form of mobile gaming,
44	44	as authorized under state law at a location the tribe designates.
45	45	The number of games or devices authorized at the location is equal
46	46	to any maximum number of games or devices authorized under state law
47	47	for other gaming locations. The location must be on land in this
48	48	state owned or leased by the Kickapoo Traditional Tribe of Texas.
49	49	The gaming authorized under this subsection shall be regulated by
50	50	the Kickapoo Traditional Tribe of Texas and the Secretary of State.
51	51	A rule on gaming conducted by the tribe that this state adopts may
52	52	not be more restrictive than a rule applicable to other comparable
53	53	types of gaming licensed by this state. A tax rate or fee may not be
54	54	imposed on the tribe's gaming operations in an amount that exceeds
55	55	the amount of a tax rate or fee imposed on the operators of other
56	56	gaming locations or facilities in this state.
57	57	(c) A gaming compact executed under Subsection (a) of this
58	58	section must be in the form and contain the provisions as follows:
59	59	THE KICKAPOO TRADITIONAL TRIBE OF TEXAS AND THE STATE OF TEXAS
60	60	GAMING COMPACT
61	61	This compact is entered into between the Kickapoo Traditional
62	62	Tribe of Texas, a federally recognized Indian Tribe ("Tribe"), and
63	63	the State of Texas ("State"), with respect to the operation of
64	64	covered games (as defined herein) on the Tribe's Indian lands as
65	65	defined by Section 4(4), Indian Gaming Regulatory Act (25 U.S.C.
66	66	Section 2703(4)).
67	67	PART I. TITLE
68	68	This document shall be referred to as "The Kickapoo
69	69	Traditional Tribe of Texas and State of Texas Gaming Compact."
70	70	PART II. RECITALS
71	71	1. The Tribe is a federally recognized tribal government
72	72	with sovereign powers and rights of self-government. The Tribe has
73	73	special gaming rights under the federal Indian Gaming Regulatory
74	74	Act (Pub. L. No. 100-497).
75	75	2. The State is a state of the United States possessing the
76	76	sovereign powers and rights of a state.
77	77	3. The State and the Tribe maintain a
78	78	government-to-government relationship, and this compact will
79	79	foster mutual respect and understanding between Indians and
80	80	non-Indians.
81	81	4. The Tribe and the State jointly intend to protect the
82	82	integrity of gaming regulated under this compact.
83	83	5. The gaming under this compact will further the purposes
84	84	of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to
85	85	promote tribal economic development, self-sufficiency, and strong
86	86	tribal government, and will assist the Tribe in funding tribal
87	87	programs that provide needed services to the Tribe's members.
88	88	PART III. DEFINITIONS
89	89	In this compact:
90	90	A. "Class III gaming" means the forms of Class III
91	91	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
92	92	U.S.C. Section 2703(8)) and by the regulations of the National
93	93	Indian Gaming Commission.
94	94	B. "Commission" means the Kickapoo Traditional Tribe
95	95	of Texas Tribal Gaming Commission, which is the tribal governmental
96	96	agency assigned the authority to carry out the Tribe's regulatory
97	97	and oversight responsibilities under this compact.
98	98	C. "Compact" means this gaming compact between the
99	99	Kickapoo Traditional Tribe of Texas and the State of Texas.
100	100	D. "Covered game" or "covered gaming activity" means
101	101	Class III gaming activities determined available to the Tribe by
102	102	the United States Department of the Interior, video lottery
103	103	terminals, and any other Class III game of chance or skill
104	104	authorized by State law for any person, organization, or entity for
105	105	any purpose.
106	106	E. "Covered game employee" means an individual
107	107	employed and licensed by the Tribe whose responsibilities include
108	108	providing services related to the operation, maintenance, or
109	109	management of covered games. The term:
110	110	(1) includes:
111	111	a. managers and assistant managers;
112	112	b. accounting personnel;
113	113	c. commission officers;
114	114	d. surveillance and security personnel;
115	115	e. cashiers, supervisors, and floor
116	116	personnel;
117	117	f. cage personnel; and
118	118	g. any other employee whose employment
119	119	duties require or authorize access to areas of a facility related to
120	120	the conduct of a covered game or the technical support or storage of
121	121	a covered game component; and
122	122	(2) does not include an elected official of the
123	123	Tribe who is not directly involved in the operation, maintenance,
124	124	or management of a covered game or covered game component.
125	125	F. "Document" means a book, a record, an electronic,
126	126	magnetic, or computer media document, or another writing or
127	127	material. The term includes a copy of any of those documents and
128	128	information contained in the document.
129	129	G. "Effective date" means the date on which the
130	130	compact becomes effective under Part XV.A of this compact.
131	131	H. "Facility" or "facilities" means a building or
132	132	buildings of the Tribe in which a covered game authorized by this
133	133	compact is conducted on the Tribe's Indian lands as defined by the
134	134	Indian Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the
135	135	terms of this compact, the Tribe has the ultimate responsibility
136	136	for ensuring that the operation of each facility conforms to the
137	137	requirements of this compact.
138	138	I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
139	139	L. No. 100-497).
140	140	J. "Net win" means the total receipts, not including
141	141	free or promotional credits issued by the Tribe, from the play of
142	142	all covered games less all prize payouts and participation fees.
143	143	K. "Participation fee" means a payment by the Tribe to
144	144	a supplier on a periodic basis for the right to lease or otherwise
145	145	offer for play a gaming device the Tribe does not own for a covered
146	146	gaming activity. A participation fee may be a royalty payment or
147	147	lease payment.
148	148	L. "Patron" means a person who is on the premises of a
149	149	facility or who is entering the Tribe's Indian lands for the purpose
150	150	of playing a covered game authorized by this compact.
151	151	M. "Rules" means rules adopted by the commission to
152	152	implement this compact.
153	153	N. "State" means the State of Texas.
154	154	O. "State compliance agency" ("SCA") means the office
155	155	of the Secretary of State or another agency authorized by the
156	156	legislature to carry out the State's oversight responsibilities
157	157	under this compact.
158	158	P. "Tribe" means the Kickapoo Traditional Tribe of
159	159	Texas.
160	160	Q. "Video lottery terminal" means an electronic game
161	161	of chance connected to a centralized computer system.
162	162	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES; LIMITATION
163	163	ON PARTICIPATION FEE DEDUCTION
164	164	A. The Tribe and State agree that the Tribe is authorized to
165	165	operate covered games on the Tribe's Indian lands, as defined in the
166	166	IGRA, in accordance with the provisions of this compact.
167	167	Notwithstanding any other provision of this compact, a wager made
168	168	through a mobile or other electronic device by a player physically
169	169	located in Texas but not on the Tribe's Indian lands shall be
170	170	considered for regulatory purposes to occur exclusively where
171	171	received at the location of the servers or other devices used to
172	172	conduct that wagering at a facility located on the Tribe's Indian
173	173	lands. The placement of such wagers is permitted as a matter of
174	174	State law.
175	175	B. The Tribe acknowledges the Tribe did not hold an interest
176	176	in a company that supplies a gaming device on the date this compact
177	177	was executed. If the Tribe acquires an interest in a company that
178	178	supplies gaming devices, the Tribe may not deduct from the net win a
179	179	participation fee for the supplier in which the Tribe has acquired
180	180	an interest.
181	181	PART V. RULES; MINIMUM REQUIREMENTS
182	182	A. During the term of this compact, the Tribe is responsible
183	183	for all duties assigned to the Tribe and the commission under this
184	184	compact. The Tribe shall adopt any rules necessary to implement
185	185	this compact. Nothing in this compact may be construed to affect
186	186	the Tribe's right to amend the Tribe's rules, provided the amendment
187	187	is in conformity with this compact. The SCA may propose to the
188	188	commission additional rules consistent with the implementation of
189	189	this compact, and the commission shall in good faith consider the
190	190	proposal and notify the SCA of the Tribe's response or action in
191	191	regard to the proposal.
192	192	B. All facilities shall comply with and all covered games
193	193	shall be operated in accordance with this compact. All facilities
194	194	must be operated in strict compliance with tribal internal control
195	195	standards that provide a level of control equal to or exceeding the
196	196	minimum internal control standards for Class III gaming recommended
197	197	by the National Indian Gaming Commission in the bulletin issued on
198	198	August 14, 2018, and any update to those standards.
199	199	C. The Tribe agrees to maintain the following safeguards
200	200	against problem gambling:
201	201	1. The Tribe will provide a comprehensive training
202	202	program to all gaming employees.
203	203	2. The Tribe will make available to patrons printed
204	204	materials with contact information for organizations dedicated to
205	205	assisting problem gamblers.
206	206	3. The commission shall establish a list of the
207	207	patrons voluntarily excluded from the Tribe's facilities under Part
208	208	V.C.5 of this compact.
209	209	4. The Tribe shall employ its best efforts to exclude
210	210	patrons on the list maintained under Part V.C.3 of this compact.
211	211	This compact does not create a cause of action against the State,
212	212	the Tribe, the commission, or any other person, entity, or agency
213	213	for failing to exclude a patron on the list established under Part
214	214	V.C.3 of this compact.
215	215	5. A patron who believes the patron may be playing a
216	216	covered game on a compulsive basis may request the patron's name to
217	217	be placed on the list of patrons voluntarily excluded from the
218	218	Tribe's facilities.
219	219	6. All covered game employees who interact with
220	220	patrons shall receive training to identify a patron who may have a
221	221	problem with compulsive gambling and instruct the patron to leave.
222	222	Signs bearing a toll-free help line number and educational and
223	223	informational materials must be made available at conspicuous
224	224	locations and ATMs in each facility. The signs must be designed in
225	225	a manner aimed at preventing problem gambling and specifying where
226	226	patrons may receive counseling or assistance for gambling problems.
227	227	Nothing in this part of this compact creates a cause of action or
228	228	claim against the State, the Tribe, the commission, or any other
229	229	person, entity, or agency for failing to identify a patron or person
230	230	who is a compulsive gambler or asking that person to leave.
231	231	7. The Tribe shall make diligent efforts to prevent an
232	232	underage individual from loitering in the area of each facility
233	233	where a covered game is conducted.
234	234	8. The Tribe shall assure that advertising and
235	235	marketing of the covered games at the facilities contain a
236	236	responsible gambling message and a toll-free help line number for
237	237	problem gamblers where practical and that the advertising and
238	238	marketing messages do not make any false or misleading claims.
239	239	D. The State may secure an annual independent financial
240	240	audit of the conduct of covered games subject to this compact. The
241	241	audit must examine revenues from the conduct of a covered game and
242	242	must verify the determination of net win and the basis of, and right
243	243	to, the payments to the State pursuant to Part XI of this compact
244	244	and as defined by this compact. A copy of the audit report for the
245	245	conduct of a covered game must be submitted to the commission not
246	246	later than the 30th day after the date an audit is completed. A
247	247	representative of the SCA may, on request, meet with the Tribe and
248	248	the Tribe's auditors to discuss an audit or matter in connection
249	249	with the audit, provided the discussions are limited to covered
250	250	games information. The annual independent financial audit must be
251	251	performed by an independent accounting firm with experience in
252	252	auditing casino operations, selected by the State and subject to
253	253	the Tribe's consent, which may not be unreasonably withheld. The
254	254	Tribe shall pay the accounting firm for the costs of the annual
255	255	independent financial audit if the Tribe is found not to be in
256	256	compliance with this compact.
257	257	E. A summary of the rules for playing covered games must be
258	258	displayed in a facility. A complete set of rules must be available
259	259	at a facility and provided to a patron on request. A copy of the
260	260	rules must be provided to the SCA not later than the 30th day after
261	261	the date the rules are issued or amended.
262	262	F. The Tribe shall provide the commission and SCA with a
263	263	chart of the supervisory authority of persons directly responsible
264	264	for the conduct of covered games, and shall promptly notify the
265	265	commission and the SCA of any material change to the supervisory
266	266	authority.
267	267	G. The Tribe shall continue to maintain a proactive approach
268	268	to prevent improper alcohol sales, drunk driving, underage
269	269	drinking, and underage gambling that involves extensive staff
270	270	training and certification, patron education, and the use of
271	271	security personnel and surveillance equipment to enhance patrons'
272	272	enjoyment of the facilities and provide for patron safety. Staff
273	273	training must include specialized employee training in nonviolent
274	274	crisis intervention, driver's license verification, and the
275	275	detection of intoxication. Patron education may be accomplished by
276	276	printing a notice on a valet parking stub, posting a sign in the
277	277	facilities, and publishing brochures. The facilities must have
278	278	roving and fixed security officers, along with surveillance
279	279	cameras, to assist in the detection of intoxicated patrons,
280	280	investigate problems, and engage patrons to de-escalate volatile
281	281	situations. This part of this compact does not create a cause of
282	282	action or claim against the State, the Tribe, the commission, or any
283	283	other person, entity, or agency for failing to fulfill a
284	284	requirement of this part.
285	285	H. A person under 21 years of age may not play a covered game
286	286	unless state law authorizes the play of the same or similar games by
287	287	persons under 21 years of age at locations under the State's
288	288	jurisdiction.
289	289	I. The Tribe and the commission on request shall make
290	290	available a copy of the following documents to any member of the
291	291	public:
292	292	1. the tribal gaming ordinance;
293	293	2. this compact;
294	294	3. the rules of each covered game operated by the
295	295	Tribe; and
296	296	4. the administrative procedures for addressing
297	297	patron tort claims under Part VI of this compact.
298	298	PART VI. PATRON DISPUTES; TORT CLAIMS; PRIZE CLAIMS
299	299	A. All Patron disputes shall be resolved under the
300	300	procedures established by the Tribe's Gaming Ordinance and such
301	301	remedies must be exhausted.
302	302	B. The Tribe shall ensure that a patron of a facility is
303	303	afforded due process in seeking and receiving just and reasonable
304	304	compensation for a tort claim for personal injury or property
305	305	damage against a facility arising out of an incident occurring at a
306	306	facility. During the term of this compact, the Tribe shall maintain
307	307	public liability insurance for the express purposes of providing
308	308	coverage for a tort claim. The insurance must provide coverage for
309	309	damage amounts equal to the liability limits described by Section
310	310	101.023(a), Texas Civil Practice and Remedies Code. The liability
311	311	for a tort claim, including a claim for compensatory damages,
312	312	punitive damages, costs, prejudgment interest, and attorney fees if
313	313	otherwise allowed under Texas law, arising out of any tort claim
314	314	brought or asserted against the Tribe, the Tribe's subordinate
315	315	governmental or economic units, any Tribal officials, employees,
316	316	servants, or agents in their official capacities, or any entity
317	317	which is owned directly or indirectly by the Tribe, may not exceed
318	318	or be paid in an amount exceeding the maximum amount of insurance
319	319	coverage required by this part.
320	320	C. All Patron tort claims brought under this part of the
321	321	compact shall be brought solely against the Kickapoo Lucky Eagle
322	322	Casino, an economic entity owned by a federally recognized Indian
323	323	tribe, as the sole party in interest.
324	324	D. The Tribe shall ensure that patrons of a facility are
325	325	afforded due process in seeking and receiving just and reasonable
326	326	compensation arising from a patron's dispute, in connection with
327	327	the patron's play of a covered game, the amount of a prize awarded,
328	328	the failure to award a prize, or the right to receive a refund. Such
329	329	patron disputes shall be resolved under the procedures established
330	330	by the Tribe's Gaming Ordinance.
331	331	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
332	332	A. The Tribe and the commission are responsible for
333	333	regulating activities under this compact. The Tribe shall adopt or
334	334	issue standards designed to ensure the facilities are constructed,
335	335	operated, and maintained to adequately protect the environment and
336	336	public health and safety.
337	337	B. A commission compliance officer shall be available to a
338	338	facility during operation on reasonable notice and shall have
339	339	immediate and complete access to a facility to ensure compliance
340	340	with this compact. The commission shall investigate a suspected or
341	341	reported violation of this part of this compact and shall timely
342	342	file an official written report of the investigation and action
343	343	taken on the violation, and shall send a copy of the investigative
344	344	report to the SCA not later than the 30th day after the date the
345	345	commission files the report. The scope of the report must be
346	346	determined by a memorandum of understanding between the commission
347	347	and the SCA as soon as practicable after the effective date of this
348	348	compact. A violation must be reported immediately to the
349	349	commission, and the commission shall immediately forward the
350	350	violation to the SCA. In addition, the commission shall promptly
351	351	report to the SCA a violation which the commission independently
352	352	discovers.
353	353	C. Representatives of the commission and the SCA shall meet
354	354	at least once each year to review past practices and examine methods
355	355	to improve the regulatory scheme created by this compact. The
356	356	meetings shall take place at a location agreed to by the commission
357	357	and the SCA. The SCA, before or during a meeting, shall disclose to
358	358	the commission any concerns, suspected activities, or pending
359	359	matters reasonably believed to constitute a violation of this
360	360	compact by any person, organization, or entity, if the disclosure
361	361	will not compromise the interest sought to be protected.
362	362	PART VIII. STATE MONITORING OF COMPACT
363	363	A. The SCA may, under this compact, monitor the conduct of a
364	364	covered game to ensure a covered game is conducted in compliance
365	365	with this compact. In order to properly monitor the conduct of a
366	366	covered game, an agent of the SCA may have, without prior notice,
367	367	reasonable access to all public areas of a facility where a covered
368	368	game is conducted under this compact. An SCA agent must report to a
369	369	commission officer immediately on arrival at the facility. An SCA
370	370	agent may not enter a nonpublic area of a facility without giving
371	371	the commission notice of the agent's arrival 24 hours before the
372	372	hour of the agent's arrival and, on arrival, providing proper
373	373	photographic identification. A commission officer shall accompany
374	374	an SCA agent in a nonpublic area of a facility.
375	375	B. Subject to this compact, an SCA agent has the right to
376	376	review and request a copy of a facility document related to the
377	377	conduct of a covered game. The review and copying of the document
378	378	must be during normal business hours unless otherwise allowed by
379	379	the Tribe at the Tribe's discretion. The Tribe may not refuse an
380	380	inspection or request to copy a document, provided that an agent
381	381	cannot require copies of documents in a volume that unreasonably
382	382	interferes with the normal functioning of the facility or a covered
383	383	game.
384	384	C. After an SCA inspection or investigation, the SCA shall
385	385	send to the commission a written report of the inspection or
386	386	investigation that contains all pertinent, nonconfidential,
387	387	nonproprietary information about a violation of an applicable law
388	388	or this compact discovered during an inspection or investigation
389	389	unless disclosure of the information would adversely affect an
390	390	investigation of suspected criminal activity. This compact does
391	391	not prevent the SCA from contacting a tribal or federal law
392	392	enforcement authority about suspected criminal wrongdoing
393	393	involving the commission.
394	394	D. This compact does not authorize the State to regulate the
395	395	Tribe's government or the commission or to interfere with the
396	396	Tribe's selection of the Tribe's governmental officers or members
397	397	of the commission.
398	398	PART IX. JURISDICTION
399	399	The obligations and rights of the State and the Tribe under
400	400	this compact are contractual in nature, and, except regarding
401	401	mobile gaming regulation, this compact does not alter tribal,
402	402	federal, or state civil or criminal jurisdiction.
403	403	PART X. LICENSING
404	404	The Tribe and the commission shall comply with the licensing
405	405	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
406	406	applicable licensing requirements in the Tribe's Gaming Ordinance.
407	407	PART XI. PAYMENTS TO STATE
408	408	A. The parties acknowledge and recognize this compact
409	409	provides the Tribe with substantial exclusivity and, consistent
410	410	with the goals of the IGRA, special opportunities for tribal
411	411	economic opportunity through covered gaming activity in the State.
412	412	In consideration of the substantial exclusivity, only while the
413	413	State does not, after January 1, 2025, authorize or allow the
414	414	operation of any additional form of gaming, including slot
415	415	machines, video lottery terminals, video pull-tab games,
416	416	electronic bingo, sports betting, banked and banking card games, or
417	417	another type of table gaming game, not otherwise authorized and
418	418	operated under state law on that date within 200 miles of the
419	419	boundary of the Tribe's reservation, the Tribe agrees to pay the
420	420	State a percentage of the revenue derived from covered game
421	421	revenues in an amount equal to three percent of the net win received
422	422	by the Tribe in a calendar year from the play of Class III covered
423	423	games. The amount is due and payable not later than the 20th day
424	424	after the last date of the preceding quarter for the revenue
425	425	received by the Tribe in the preceding quarter.
426	426	B. Payment of revenue due under Part XI.A of this compact
427	427	must be made to the comptroller of public accounts of the State.
428	428	Nothing in this compact allocates the revenue to a particular State
429	429	purpose, including regulatory responsibilities under this compact.
430	430	C. This compact does not authorize the State to impose any
431	431	tax, fee, charge, or assessment on the Tribe or an enterprise of the
432	432	Tribe.
433	433	PART XII. DISPUTE RESOLUTION
434	434	A dispute under this compact, including a dispute over
435	435	compliance with or the interpretation of the terms of this compact,
436	436	must be resolved amicably and voluntarily when possible. In
437	437	pursuit of this goal, the following procedures shall be invoked:
438	438	A. A party asserting noncompliance or seeking an
439	439	interpretation of this compact first shall serve written notice on
440	440	the other party. The notice must identify the provision alleged to
441	441	have been violated or in dispute and must specify in detail the
442	442	factual basis for the claim. Representatives of the Tribe and State
443	443	shall meet in an effort to resolve the dispute not later than the
444	444	30th day after the date notice is received unless the parties agree
445	445	to extend the time.
446	446	B. A party asserting noncompliance or seeking an
447	447	interpretation of this compact is considered to have certified that
448	448	to the best of the party's knowledge, information, and belief,
449	449	formed after reasonable inquiry, the claim of noncompliance or the
450	450	request for interpretation of this compact is warranted and made in
451	451	good faith and not for any improper purpose, such as to harass or to
452	452	cause unnecessary delay or expense to resolve the dispute.
453	453	C. If the parties are unable to resolve a dispute
454	454	through the process specified in Part XII.A of this compact, either
455	455	party can call for mediation under the Commercial Arbitration Rules
456	456	and Mediation Procedures of the American Arbitration Association
457	457	(AAA) or any such successor procedures, provided the mediation does
458	458	not last more than 60 calendar days unless the parties agree to
459	459	extend the time. Mediation is only available for resolving
460	460	disputes over matters arising under this compact.
461	461	D. If the parties are unable to resolve a dispute
462	462	through the process under Parts XII.A and XII.C of this compact,
463	463	notwithstanding any other provision of law, the State or Tribe may
464	464	bring an action in federal district court ("federal court")
465	465	regarding any dispute arising under this compact in a district in
466	466	which the federal court has venue. If the federal court declines to
467	467	exercise jurisdiction, or federal precedent exists that rules the
468	468	federal court does not have jurisdiction over the dispute, the
469	469	State or the Tribe may bring the action in state court. The State
470	470	and the Tribe are entitled to all rights of appeal permitted by law
471	471	in the court system in which the action is brought.
472	472	E. For purposes of an action based solely on a dispute
473	473	between the State and the Tribe that arises under this compact and
474	474	the enforcement of any judgment resulting from the action, the
475	475	State and the Tribe expressly waive the right to assert sovereign
476	476	immunity from suit and from enforcement of any judgment, and
477	477	consent to be sued in all levels of federal or state court, provided
478	478	that:
479	479	1. the dispute is limited solely to issues
480	480	arising under this compact;
481	481	2. the action does not include a claim for
482	482	monetary damages, other than payment of any money required by the
483	483	terms of this compact, and injunctive relief or specific
484	484	performance enforcing a provision of this compact requiring the
485	485	payment of money to the State may be sought; and
486	486	3. nothing in this compact may be construed to
487	487	constitute a waiver of the sovereign immunity of the State or the
488	488	Tribe with respect to a third party that is made a party or
489	489	intervenes as a party in an action.
490	490	F. In the event that intervention, joinder, or other
491	491	participation by a third party in any action between the State and
492	492	the Tribe would result in the waiver of the State's or the Tribe's
493	493	sovereign immunity to the third party's claim, the waiver of the
494	494	State or the Tribe under this compact may be revoked.
495	495	G. The State may not pursue any mediation or judicial
496	496	remedy against the Tribe if the State failed to exhaust Tribal
497	497	administrative remedies.
498	498	H. Notwithstanding anything to the contrary in this
499	499	part of this compact, the Tribe's failure to remit a payment under
500	500	this compact entitles the State to seek injunctive relief in
501	501	federal or state court, at the State's sole discretion, to compel
502	502	the payments after exhausting the dispute resolution process in
503	503	this part of this compact.
504	504	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
505	505	A. Each provision, section, and subsection of this compact
506	506	shall stand separate and independent of every other provision. If a
507	507	federal district court in Texas or other court of competent
508	508	jurisdiction finds a provision of this compact to be invalid, the
509	509	remaining provisions of this compact remain in full force and
510	510	effect, provided that severing the invalidated provision does not
511	511	undermine the overall intent of the parties in entering into this
512	512	compact.
513	513	B. This compact is intended to meet the requirements of the
514	514	IGRA on the effective date of this compact, and where reference is
515	515	made to the IGRA, or to an implementing regulation of the IGRA, the
516	516	reference is considered to be incorporated into this document as if
517	517	fully stated in this document. Changes to the IGRA after the
518	518	effective date of this compact that diminish the rights of the State
519	519	or Tribe may not be applied to alter the terms of this compact,
520	520	except to the extent that federal law mandates retroactive
521	521	application without the respective consent of the State or Tribe.
522	522	C. The presence or absence of language in this compact that
523	523	is present in or absent from another compact between a state and
524	524	another Indian tribe may not be a factor in construing the terms of
525	525	this compact.
526	526	D. Each party shall defend the validity of this compact.
527	527	E. On execution of this compact, the Tribe shall submit the
528	528	compact to the United States Secretary of the Interior, and the
529	529	parties shall cooperate in seeking the Secretary's approval of this
530	530	compact.
531	531	F. Nothing in this compact may be construed to limit,
532	532	restrict, or regulate the Tribe's right to offer Class I and Class
533	533	II gaming as authorized under the IGRA.
534	534	PART XIV. NOTICES
535	535	A notice required under this compact must be given by
536	536	certified mail, return receipt requested, commercial overnight
537	537	courier service, or personal delivery, to:
538	538	Governor
539	539	State of Texas
540	540	1100 San Jacinto
541	541	Austin, TX 78701
542	542	Chairman - Tribal Council
543	543	Kickapoo Traditional Tribe of Texas
544	544	2212 Rosita Valley Road
545	545	Eagle Pass, TX 78852
546	546	With copies to the general counsel for each party.
547	547	PART XV. EFFECTIVE DATE AND TERM
548	548	A. This compact is effective on approval either by the
549	549	United States Secretary of the Interior as a tribal-state compact
550	550	under the IGRA or by operation of law and on publication of the
551	551	notice of approval in the Federal Register.
552	552	B. This compact has a term of 25 years beginning on the day
553	553	the compact becomes effective under Part XV.A of this compact. This
554	554	compact remains in full force and effect until the earlier of the
555	555	25th anniversary of the day the compact becomes effective or until
556	556	terminated by agreement of the parties. If either the State or the
557	557	Tribe wishes to extend the term of this compact, the party shall
558	558	notify the other at least 18 months before the date that this
559	559	compact will expire. The parties shall begin negotiations at least
560	560	12 months before the term expires.
561	561	PART XVI. AMENDMENT OF COMPACT
562	562	Amendment of this compact may only be made by written
563	563	agreement of the parties, subject to approval either by the United
564	564	States Secretary of the Interior or by operation of law and is
565	565	effective on publication of the notice of approval in the Federal
566	566	Register.
567	567	PART XVII. MISCELLANEOUS
568	568	A. Except to the extent expressly provided in this compact,
569	569	this compact does not create a right for a third party to bring an
570	570	action to enforce a term of this compact.
571	571	B. Nothing in this compact shall alter any existing
572	572	memoranda of understanding, contracts, or other agreements entered
573	573	into between the Tribe and any other federal, state, or local
574	574	governmental entity.
575	575	PART XVIII. EXECUTION
576	576	The chairman of the Tribal Council of the Kickapoo
577	577	Traditional Tribe of Texas affirms that the chairman is duly
578	578	authorized and has the authority to execute this compact on behalf
579	579	of the Tribe. The chairman also affirms that the chairman will take
580	580	all appropriate steps to effectuate the purposes and intent of this
581	581	compact.
582	582	(d) The Secretary of State may adopt rules necessary for
583	583	this state to carry out its responsibilities under this section
584	584	unless the Legislature enacts laws authorizing another state agency
585	585	to administer this section. The rules may not apply to the Tribe.
586	586	(e) All shipments of gaming equipment or other gaming
587	587	devices into, out of, or within this state authorized under this
588	588	section or a law enacted under this section are legal shipments of
589	589	the devices and are exempt from the provisions of 15 U.S.C. Sections
590	590	1171-1178 prohibiting the transportation of gambling devices.
591	591	SECTION 3. This proposed constitutional amendment shall be
592	592	submitted to the voters at an election to be held November 4, 2025.
593	593	The ballot shall be printed to permit voting for or against the
594	594	proposition: "The constitutional amendment authorizing the
595	595	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
596	596	a gaming compact with this state."