Texas 2025 - 89th Regular

Texas House Bill HJR185 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: González of El Paso H.J.R. No. 185
	2	+
	3	+
2	4
3	5
4	6		A JOINT RESOLUTION
5	7		proposing a constitutional amendment to require the governor to
6	8		execute model gaming compacts with the Alabama-Coushatta Tribe of
7	9		Texas and the Ysleta del Sur Pueblo and to authorize those tribes to
8	10		sue this state if the governor fails to execute said model gaming
9	11		compacts.
10	12		BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. THE INTERIOR
12	14		The foregoing Compact between the Tribes and the State of
13	15		Texas is hereby approved this ___, pursuant to authority conferred
14	16		on me by Section 11 of the Indian Gaming Regulatory Act, 102, Stat.
15	17		2472 or Sections 2, 107, and 207 of the Ysleta del Sur Pueblo and
16	18		Alabama and Coushatta Indian Tribes of Texas Restoration Act. I
17	19		direct that it be promptly submitted to the Federal Register for
18	20		publication. Section 10, Article IV, Texas Constitution, is amended
19	21		by adding Section 10a to read as follows:
20	22		Sec. 10-a. EXECUTION OF TRIBAL GAMING COMPACTS.
21	23		Notwithstanding any other laws enacted by the legislature, within
22	24		90 days following the request by any of the Alabama-Coushatta Tribe
23	25		of Texas or the Ysleta del Sur Pueblo, to enter a gaming compact
24	26		with the state, the governor shall execute the on behalf of the
25	27		state with said requesting tribe the model gaming compact as set
26	28		forth below:
27	29		Sec. 10-a (a):
28	30		MODEL COMPACT BETWEEN THE YSLETA DEL SUR PUEBLO,
29	31		ALABAMA-COUSHATTA TRIBE OF TEXAS, AND THE STATE OF TEXAS PROVIDING
30	32		FOR THE CONDUCT OF TRIBAL CLASS III GAMING
31	33		THIS COMPACT is made and entered into between the Ysleta del
32	34		Sur Pueblo (hereinafter referred to as the "Pueblo"), the
33	35		Alabama-Coushatta Tribe of Texas (hereinafter referred to as the
34	36		"Alabama-Coushatta") (collectively hereinafter referred to as the
35	37		"Tribes"), and the State of Texas (hereinafter referred to as
36	38		"State").
37	39		RECITALS
38	40		WHEREAS, the State of Texas is a sovereign State of the United
39	41		States of America, having been admitted to the Union pursuant to the
40	42		Act of December 29, 1845, 5 Stat. 144, and is authorized by its
41	43		Constitution to enter into contracts and agreements, including this
42	44		agreement with the Tribes; and
43	45		WHEREAS, the Tribes are federally recognized Indian Tribes
44	46		and their governing bodies, the Tribal Councils are authorized to
45	47		enter into contracts and agreements of every description, including
46	48		this agreement with the State; and
47	49		WHEREAS, the Ysleta del Sur Pueblo and Alabama and Coushatta
48	50		Indian Tribes of Texas Restoration Act ("Restoration Act") was
49	51		passed on August 18, 1987 (Pub. L. 100-89), which permits the Pueblo
50	52		and the Alabama-Coushatta to engage in any gaming activity that is
51	53		not prohibited by the State, without application of the State's
52	54		gaming laws and regulations; and
53	55		WHEREAS, the Congress of the United States has enacted the
54	56		Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 et. Seq.)
55	57		(hereinafter "IGRA"), which permits Indian tribes to operate Class
56	58		III gaming activities on Indian reservations pursuant to a
57	59		tribal-state compact entered into for that purpose; and
58	60		WHEREAS, the Tribes propose to operate Class III gaming
59	61		establishments on Eligible Indian Lands in the State of Texas, and
60	62		by respective Tribal Council Resolutions and Tribal Ordinances will
61	63		adopt rules and regulations governing the games played and related
62	64		activities at the Class III gaming establishments; and
63	65		WHEREAS, the State presently permits and regulates various
64	66		types of gaming within the State (but outside Indian lands) that
65	67		satisfy the definition of Tribal Class III gaming; and
66	68		WHEREAS, the United States Supreme Court in Ysleta Del Sur
67	69		Pueblo v. Tex., 213 L. Ed. 2d 221 (2022) held that, pursuant to the , 213 L. Ed. 2d 221 (2022) held that, pursuant to the
68	70		express provisions of the Restoration Act, the Pueblo and the
69	71		Alabama-Coushatta may conduct gaming activities not prohibited by
70	72		the State of Texas, and that the State may not regulate such gaming
71	73		activities; and
72	74		WHEREAS, at the general election held on [November , ], the
73	75		State amended the Constitution through [NAME] (the "Amendment");
74	76		and
75	77		WHEREAS, a compact between the Tribes and the State for the
76	78		conduct of Class III gaming is sufficient to satisfy requirements
77	79		imposed by the United States Congress by enactment of IGRA, for the
78	80		operation of lawful Class III gaming by the Pueblo and
79	81		Alabama-Coushatta on Eligible Indian Lands in Texas; and
80	82		WHEREAS, under the terms of the Restoration Act, the Pueblo
81	83		and the Alabama-Coushatta may engage on lands held in trust by the
82	84		United States Secretary of the Interior for the benefit of the
83	85		Pueblo and Alabama-Coushatta in any gaming activity that is not
84	86		prohibited in the state, without any application of the State's
85	87		gaming laws and regulations except as otherwise provided by a
86	88		Tribal-State gaming compact.
87	89		WHEREAS, the State and the Tribes, in recognition of the
88	90		sovereign rights of each party and in a spirit of cooperation in the
89	91		interests of the citizens of the State and the Tribes, have engaged
90	92		in good faith negotiations recognizing and respecting the interests
91	93		of each party and have agreed to this Compact.
92	94		NOW, THEREFORE, the Tribes and the State agree as follows:
93	95		SECTION 1. Purpose and Objectives
94	96		The purpose and objectives of the Tribes and the State in
95	97		making this Compact are as follows:
96	98		(A) To demonstrate the goodwill and cooperative spirit between the
97	99		State and the Tribes;
98	100		(B) To continue the development of effective working
99	101		relationships between the State and tribal governments;
100	102		(C) To compact for Class III gaming on lands held in trust by the
101	103		Secretary of the Interior for the benefit of the Pueblo and
102	104		Alabama-Coushatta in Texas under the Restoration Act and as
103	105		authorized by IGRA;
104	106		(D) To fulfill the purpose and intent of IGRA and the Restoration
105	107		Act by providing for tribal gaming as a means of generating tribal
106	108		revenues, thereby promoting tribal economic development, tribal
107	109		self-sufficiency and strong tribal government;
108	110		(E) To provide tribal revenues to fund tribal government
109	111		operations or programs, to provide for the general welfare of the
110	112		Tribes and their members and for other purposes allowed under IGRA
111	113		and the Restoration Act;
112	114		(F) To provide for the operation of Class III gaming in which,
113	115		except as provided in 25 U.S.C. 2710(b)(4) and (d)(2)(A) of IGRA,
114	116		the Tribes shall have the sole proprietary interest and be the
115	117		primary beneficiary of the Tribes' gaming enterprises;
116	118		(G) To recognize the State's interest in the establishment by the
117	119		Tribes of rules and procedures for ensuring that Class III gaming is
118	120		conducted fairly and honestly by the owners, operators, and
119	121		employees and by the patrons of any Class III gaming enterprise of
120	122		the Tribes; and
121	123		(H) To establish procedures to notify the patrons of the Tribes'
122	124		Class III gaming establishments that the establishments are not
123	125		regulated by the State and that patrons must look to the tribal
124	126		government or to the federal government to resolve any issues or
125	127		disputes with respect to the operations of the establishments.
126	128		SECTION 2. Definitions
127	129		For purposes of this Compact, the following definitions
128	130		pertain:
129	131		(A) "Class III gaming" means all forms of gaming authorized by
130	132		this Compact, which are neither Class I nor Class II gaming, as such
131	133		terms are defined in 2703(6) and (7) of IGRA. Only those Class III
132	134		games authorized by this Compact may be operated by the Tribes.
133	135		(B) "Commercial Gaming Facility" shall mean any facility that is
134	136		not operated by the Tribes on Eligible Indian Lands that offers
135	137		Electronic Games of Chance or Table Games for gambling purposes,
136	138		whether or not operated by the State Lottery Commission.
137	139		(C) "Competitive Market - Pueblo" means the following Texas
138	140		counties: El Paso, Hudspeth, any county in which the Pueblo owns any
139	141		lands held in trust by the Secretary of the Interior, and any county
140	142		contiguous therewith.
141	143		(D) Competitive Market - Alabama-Coushatta" means the following
142	144		Texas counties: Polk, Tyler, Trinity, Angelina, Jasper, Hardin,
143	145		Liberty, San Jacinto, Walker, Montgomery, any county in which the
144	146		Alabama-Coushatta owns any lands held in trust by the Secretary of
145	147		the Interior, and any county contiguous therewith.
146	148		(E) "Electronic Game of Chance" means a player activated or
147	149		operated electronic, mechanical, or electromechanical device that:
148	150		(1) allows a person to play a game of chance or a facsimile
149	151		of a game of chance, which may or may not be affected by an element
150	152		of skill; is activated by, or which is operated through, the
151	153		insertion of a coin, currency (or equivalent thereof), token, or by
152	154		the use of a credit or the pledge or promise to pay anything of
153	155		value;
154	156		(2) is controlled by software or electronic, mechanical, or
155	157		electromechanical process that determines the element of chance and
156	158		winning payout; and
157	159		(3) awards either
158	160		(a) cash or
159	161		(b) credits, tokens, replays, or a written statement
160	162		of the player's accumulated credits, if the credits, tokens,
161	163		replays, or written statement can be redeemed for cash, or
162	164		(c) any other thing of value.
163	165		"Electronic Game of Chance" does not include:
164	166		(1) Charitable gaming operated under the regulation of the
165	167		State Lottery Commission whether or not such gaming uses player
166	168		activated electronic or electromechanical devices; and
167	169		(2) Any of the games in use by the Texas State Lottery.
168	170		(F) "Eligible Indian Lands" means lands, acquired by the United
169	171		States in trust for the Tribes as defined under IGRA or held in
170	172		trust for the benefit of the Pueblo and the Alabama-Coushatta under
171	173		the Restoration Act, as applicable.
172	174		(G) "Mobile Sports Wagering" means any sport wagering on a
173	175		platform that is deployed and accessed through the internet or an
174	176		application on a mobile device.
175	177		(H) "Person" means a business, individual, proprietorship, firm,
176	178		partnership, joint venture, syndicate, trust, labor organization,
177	179		company, corporation, association, committee, state, local
178	180		government, government instrumentality or entity, or any other
179	181		organization or group of persons acting jointly.
180	182		(I) "Net Win" means the total amount wagered on each electronic
181	183		game of chance, minus the total amount paid to players for winning
182	184		wagers at such machine calculated in accordance with Generally
183	185		Accepted Accounting Principles pursuant to American Institute of
184	186		Certified Public Accountant standards. For purposes of computing
185	187		Net Win, the total amount wagered does not include the initial value
186	188		of any electronic promotional slot credits provided to a patron by
187	189		the Tribal Gaming Facility so long as there is no monetary value to
188	190		the electronic promotional slot credit other than in a slot
189	191		machine, and the exclusion of the promotional slot credit from the
190	192		total amount wagered does not otherwise have a negative impact on
191	193		the total aggregate of Net Win; the total amount wagered does
192	194		include subsequent wagers made using any credits or winnings
193	195		derived from the initial play of such electronic promotional
194	196		credits. If a machine is part of an inter-casino linked system or
195	197		similar enterprise, the "total amount paid to players for winning
196	198		wagers at such machine" does include the pro-rata share of winnings
197	199		paid out under that linked system but does not include the payment
198	200		of fees, costs, royalties, or other expenses associated with or
199	201		attributable to administering the inter-casino linked system.
200	202		(J) "Resident Tribal Member" means an enrolled member of the
201	203		Tribes who resides within the Tribes' "Indian Country" (as defined
202	204		under 18 U.S.C. 1151).
203	205		(K) "Sports Wagering" means a wager on sports events, portions of
204	206		sports in a sports event or combination of sports events through any
205	207		system or method of wagering.
206	208		(L) "Table Games" means games that utilize real non-electronic
207	209		cards, dice, chips and equipment in the play and operation of the
208	210		game.
209	211		(M) "Tribal Gaming Commission" shall have the meaning provided in
210	212		Section 4 below.
211	213		SECTION 3. Authorized and Location of Class III Games
212	214		(A) The Tribes may lawfully conduct the following Class III games
213	215		on Eligible Indian Lands:
214	216		(1) Poker;
215	217		(2) Craps and related dice games;
216	218		(3) Wheel games, including "Big Wheel" and related games;
217	219		(4) Roulette;
218	220		(5) Banking card games that are not otherwise treated as
219	221		Class II gaming in Texas pursuant to 25 U.S.C. 2703(7)(c);
220	222		(6) Electronic games of chance;
221	223		(7) Keno;
222	224		(8) Twenty-one or blackjack;
223	225		(9) Chuck-a-luck (dai shu);
224	226		(10) Chemin de fer;
225	227		(11) Baccarat;
226	228		(12) Pai gow;
227	229		(13) Slot machine;
228	230		(14) Mobile sports wagering;
229	231		(15) Sports wagering; and
230	232		(16) Any other Class III game that lawfully may be operated
231	233		by a person licensed to operate a casino pursuant to IGRA or the
232	234		Restoration Act.
233	235		Any limitations on the number of games operated or played,
234	236		their location within Eligible Indian Lands as defined under this
235	237		Compact, hours or period of operation, limits on wagers or pot size,
236	238		or other such limitations shall be determined by duly enacted
237	239		tribal law or regulation. Any state law restrictions, limitations
238	240		or regulation of such gaming shall not apply to Class III games
239	241		conducted by the Tribes pursuant to this Compact.
240	242		(B) Additional Class III games may be lawfully conducted by mutual
241	243		agreement of the Tribes and the State as follows:
242	244		(1) The Tribes shall request additional games by letter from
243	245		the Tribal Chairperson Governor on behalf of the Tribes to the
244	246		Governor of Texas on behalf of the State. The request shall
245	247		identify the additional proposed gaming activities with
246	248		specificity and any proposed amendments to the Tribes' regulatory
247	249		ordinances.
248	250		The State, acting through the Governor, shall take action on
249	251		any respective Tribe's request within ninety (90) days after
250	252		receipt. The Governor's action shall be based on whether the
251	253		provisions of this Compact are adequate to fulfill the policies and
252	254		purposes set forth in the IGRA and the Restoration Act with respect
253	255		to such additional games.
254	256		(C) The State is required to negotiate with the Tribes over the
255	257		inclusion in this Compact any form of Class III gaming if the State
256	258		offers any other game classified as Class III for any purpose.
257	259		(D) The Tribes and State agree that the Tribes are authorized to
258	260		operate authorized Class III games on their Eligible Indians Lands.
259	261		Subject to limitations set forth herein, wagers on mobile sports
260	262		wagering made by players physically located within the boundaries
261	263		of the State of Texas and using a mobile or other electronic device
262	264		shall be deemed to take place exclusively where received at the
263	265		location of the servers or other devices used to conduct such mobile
264	266		sports wagering activity at a facility on Eligible Indian Lands as
265	267		defined under IGRA or held in trust for the benefit of the Pueblo or
266	268		the Alabama-Coushatta under the Restoration Act.
267	269		SECTION 4. Regulation of Class III Gaming
268	270		(A) Integrity of Gaming. Protecting the Class III gaming
269	271		activities requires that the public maintain confidence and trust
270	272		in the integrity of gaming activities, which activities must be
271	273		free of criminal and corruptive elements.
272	274		(1) Enactment of Tribal Gaming Ordinance. Prior to
273	275		permitting the initiation of any Class III gaming on Eligible
274	276		Indian Lands, the Tribes will enact comprehensive gaming regulatory
275	277		ordinances governing all aspects of the Tribes' gaming enterprises.
276	278		The requirements of this Section 4 are intended to supplement,
277	279		rather than conflict with, the provisions of the Tribes'
278	280		ordinances. To the extent any regulatory requirement of this
279	281		Compact is more stringent or restrictive than a parallel provision
280	282		of the Tribes' ordinances, as now or hereafter amended, this
281	283		Compact shall control.
282	284		(2) Applicability. The regulatory requirements of this
283	285		Section 4 shall apply to the conduct of all Class III gaming
284	286		authorized by the Compact. At all times in which the Tribes conduct
285	287		any Class III gaming under this Compact, the Tribes shall maintain,
286	288		as part of their lawfully enacted ordinance, requirements at least
287	289		as restrictive as those set forth herein.
288	290		(3) Strict Regulation. The Tribes shall license, operate,
289	291		and regulate all Class III gaming activities in accordance with
290	292		this Compact, tribal law, IGRA, the Restoration Act, as applicable,
291	293		and all other applicable federal law. This shall include but not be
292	294		limited to the adoption of the Minimum Internal Control Standards,
293	295		the licensing of consultants (except accountants and legal
294	296		counsel), primary management officials, and key employees to each
295	297		Class III gaming activity or operation. Any violation of this
296	298		Compact, tribal law, IGRA, the Restoration Act, or other applicable
297	299		federal law shall be corrected immediately by the Tribe.
298	300		(a) Minimum Age Requirements.
299	301		(i) No person under the age of 21 may participate
300	302		in any Class III game.
301	303		(ii) Except for non-gaming employees, no person
302	304		under the age of 21 may be physically present on or in those
303	305		portions of the premises of a licensed gaming facility where Class
304	306		III gaming is being played. Persons under the age of 21 may be
305	307		physically present on or in those portions of the premises where
306	308		Class III gaming are not being played or in the restaurant areas.
307	309		(b) Posting of Rules. The rules of each Class III card
308	310		game shall be posted in a prominent place in each card room and must
309	311		designate:
310	312		(i) The maximum rake-off percentage, time buy-in
311	313		or other fee charged;
312	314		(ii) The number of raises allowed;
313	315		(iii) The monetary limit of each raise;
314	316		(iv) The amount of ante; and
315	317		(v) Other rules as may be necessary.
316	318		(c) Bank Secrecy Act. The Tribes shall comply with all
317	319		applicable provisions of the Bank Secrecy Act, P.L. 91-508, October
318	320		26, 1970, 31 U.S.C. 5311-5314.
319	321		(d) Prohibited Acts. In addition to other civil and
320	322		criminal offenses that otherwise may not be listed, the Tribes
321	323		shall prohibit the following acts:
322	324		(i) Participating within Indian Lands in any
323	325		Class III gaming not authorized by the Tribes;
324	326		(ii) Knowingly making a false statement in an
325	327		application for a license;
326	328		(iii) Knowingly making a false statement in
327	329		connection with any contract in relation to any gaming;
328	330		(iv) Attempting to bribe any person
329	331		participating in any gaming;
330	332		(v) Offering or accepting a loan, financing, or
331	333		other thing of value between a Commissioner or employee of the
332	334		Tribal Gaming Commissions as established by the Tribes or the
333	335		gaming facilities and any person participating in any gaming;
334	336		(vi) Promoting or participating in any illegal
335	337		gaming;
336	338		(vii) Failing to keep sufficient books and
337	339		records to substantiate receipts, disbursements, and expenses
338	340		incurred or paid from any gaming;
339	341		(viii) Falsifying any books or records that
340	342		relate to any transaction connected with any gaming;
341	343		(ix) Conducting, participating in, or tolerating
342	344		any gaming which in any manner results in cheating or
343	345		misrepresentation, and which allows any other disreputable tactics
344	346		which detract from the fair nature and equal chance of
345	347		participation between gaming players, or which otherwise creates an
346	348		advantage over and above the chance of such gaming activity which
347	349		affects its outcome;
348	350		(x) Conducting gaming with, or allowing
349	351		participation in, gaming by or with a visibly intoxicated or
350	352		disorderly player;
351	353		(xi) Allowing or participating in the sale of
352	354		liquor at gaming facilities in a manner prohibited by Tribal law;
353	355		(xii) Allowing any person, by providing
354	356		something other than money, personal checks, or other approved
355	357		consideration, a chance to play or participate in any gaming;
356	358		(xiii) Using bogus or counterfeit chips or
357	359		charitable gaming tickets, or to substitute or use any cards,
358	360		charitable gaming tickets, or gaming equipment that has been marked
359	361		or tampered with;
360	362		(xiv) Employing or possessing any cheating
361	363		device;
362	364		(xv) Facilitating cheating in any gaming;
363	365		(xvi) Knowingly using any fraudulent scheme or
364	366		technique to change the odds of any gaming activity;
365	367		(xvii) Soliciting or using, directly or
366	368		indirectly, inside information on the nature or status of any
367	369		gaming activity for the benefit of any person;
368	370		(xviii) Tampering with a gaming device or
369	371		attempting or conspiring to manipulate the outcome or the payoff of
370	372		a gaming device, or otherwise tampering with or interfering with
371	373		the proper functioning of a gaming device;
372	374		(xix) Altering or counterfeiting a gaming
373	375		license;
374	376		(xx) Knowingly aiding, abetting, or conspiring
375	377		with another person or knowingly causing any person to violate any
376	378		rules and regulations adopted by the Tribal Gaming Commission;
377	379		(xxi) Operating, using, or making available to
378	380		the public any illegal gaming device, apparatus, material, or
379	381		equipment;
380	382		(xxii) Selling, holding out for sale, or
381	383		transporting into or out of the jurisdiction of Indian Lands any
382	384		illegal gaming device, apparatus, material, or equipment;
383	385		(xxiii) Assisting or allowing a person who is
384	386		under the minimum age for gaming patrons to participate in a gaming
385	387		activity;
386	388		(xxiv) Possessing any illegal narcotics or
387	389		controlled substances in any gaming facility, gaming
388	390		administrative offices, or any exterior areas of a gaming facility;
389	391		(xxv) Knowingly stealing or attempting to steal
390	392		funds or other items of value from any gaming operation or from the
391	393		Tribal Gaming Commission;
392	394		(xxv) Knowingly employing any person at a gaming
393	395		operation who does not have the required gaming license;
394	396		(xxvi) Conspiring with or inducing any person to
395	397		violate any of the provisions of Tribal or applicable federal or
396	398		State law;
397	399		(xxvii) Engaging in any act, practice, or course
398	400		of operation that could result in a fraud or deceit upon any person;
399	401		(xxviii) Making false statements in any matter
400	402		before the Tribal Gaming Commission;
401	403		(xxix) The possession of firearms by any person
402	404		within a gaming facility. This prohibition shall not apply to law
403	405		enforcement officers authorized to be on the premises as well as
404	406		private security service retained to provide security at a gaming
405	407		facility, or armored car services; and
406	408		(xxx) The participating in any gaming by barred
407	409		or self-excluded persons. Any jackpot won by person on the barred
408	410		or self-exclusion list shall be donated by the Tribes pursuant to
409	411		their respective tribal policies.
410	412		(4) Administration of Regulation. The regulatory
411	413		requirements set forth in this section of this Compact shall be
412	414		administered and enforced as follows:
413	415		(a) Tribal Gaming Commission. The Tribes shall
414	416		charter with perpetual existence a Tribal Gaming Commission as a
415	417		governmental subdivision of the Tribes.
416	418		(i) The Tribal Gaming Commissioners shall have
417	419		responsibility to administer and enforce the regulatory
418	420		requirements set forth in this Section.
419	421		(ii) Tribal Gaming Commissioners and any
420	422		appointed agents thereof shall be separate and independent from
421	423		casino management, and shall be prohibited from maintaining
422	424		employment as a casino employee.
423	425		(b) State Representative. A representative
424	426		authorized in writing by the Governor of the State shall have the
425	427		right to inspect all tribal Class III gaming facilities and all
426	428		tribal casino records relevant to this Compact. Such inspections
427	429		by the State are subject to the following conditions:
428	430		(i) With respect to public areas, at any time
429	431		with 12 hours' prior notice to the Tribes' Tribal Gaming Commission,
430	432		and the respective Tribes shall have the right to monitor any such
431	433		inspection;
432	434		(ii) With respect to private areas not accessible
433	435		to the public, at any time during normal business hours, with 24
434	436		hours' prior written notice to the Tribes' Tribal Gaming
435	437		Commission, and the respective Tribes shall have the right to
436	438		monitor any such inspection; and
437	439		(iii) With respect to inspection and copying of
438	440		tribal casino records, with five days' prior written notice to the
439	441		Tribes' Tribal Gaming Commission, not including weekends.
440	442		(c) Confidentiality. Except as otherwise provided by
441	443		law or as also allowed by the exceptions defined below, the State
442	444		agrees to maintain in confidence and never to disclose to any third
443	445		party any financial information, proprietary ideas, plans,
444	446		methods, data, development, inventions, or other proprietary
445	447		information regarding the gambling enterprise of the Tribes, games
446	448		conducted by the Tribes, or the operation thereof which is provided
447	449		to the State by the Tribes without the prior written approval of a
448	450		duly authorized representative of the Tribes, provided that the
449	451		information is marked as confidential information when received by
450	452		the State. Nothing contained herein shall be construed to
451	453		prohibit:
452	454		(i) The furnishing of any information to a law
453	455		enforcement or regulatory agency of the United States or State
454	456		government pursuant to a lawful request of such agency;
455	457		(ii) The State from making known the names of
456	458		persons, firms, or corporations conducting Class III gaming
457	459		activities pursuant to the terms of this Compact, locations at
458	460		which such activities are conducted, or the dates on which such
459	461		activities are conducted;
460	462		(iii) Publishing the terms of this Compact;
461	463		(iv) Disclosing information as necessary to
462	464		audit, investigate, prosecute, or arbitrate violations of this
463	465		Compact; and
464	466		(v) Complying with any law, subpoena, or court
465	467		order. The State shall immediately notify the Tribes of any request
466	468		or demand for the release of confidential information under this
467	469		subsection 4(A)(4)(c) to allow the Tribes to initiate proceedings
468	470		under Section 7 of this Compact or other applicable law to resolve
469	471		any dispute regarding the State's intention to disclose such
470	472		information.
471	473		(d) Tribal Inspection. The Tribes shall have the
472	474		right to inspect State records concerning all Class III gaming
473	475		conducted by the Tribes consistent with Texas's Freedom of
474	476		Information Act.
475	477		(e) Dispute Resolution. In the event the State
476	478		believes that the Tribes are not administering and enforcing the
477	479		regulatory requirements set forth herein, it may invoke the
478	480		procedures set forth in Section 6 of this Compact.
479	481		(B) Licensing.
480	482		(1) Licensing of Persons. The Tribes may not license, hire,
481	483		or employ as a key employee or primary management official as those
482	484		terms are defined at 25 C.F.R. 502.14 and 502.19, in connection with
483	485		Class III gaming, any person who:
484	486		(a) Is under the age of twenty-one (21), unless
485	487		employed in a non-gaming position; or
486	488		(b) Has been convicted of or entered a plea of guilty
487	489		or no contest to a gambling-related offense, fraud, or
488	490		misrepresentation. The terms "fraud or misrepresentation" as used
489	491		herein shall mean a criminal offense committed in Texas or any other
490	492		jurisdiction, involving theft, fraud, or misrepresentation, which
491	493		is a felony or would be a felony if committed in Texas, and which was
492	494		committed as an adult or prosecuted as an adult offense, and which
493	495		has not been effectively removed from the employee's criminal
494	496		record by executive pardon, State court order, or operation of law;
495	497		or
496	498		(c) Has been convicted of or entered a plea of guilty
497	499		or no contest to any offense within the immediately preceding five
498	500		(5) years, whether committed in this state or any other
499	501		jurisdiction, that is, or would be, a crime under the provisions of
500	502		the Texas Penal Code, Act No. 328 of the Public Acts of 1931, as
501	503		amended, being MCL 750.1 to 750.568, or the controlled substance
502	504		provisions of the Public Health Code, Act No. 368 of the Public Acts
503	505		of 1978, as amended, being MCL 333.7101 to 333.7545, or any other
504	506		criminal offense involving theft, dishonesty, fraud, or
505	507		misrepresentation arising under the law of Texas or another state
506	508		or jurisdiction, that was committed as an adult or prosecuted as an
507	509		adult offense and which has not been effectively removed from the
508	510		employee's criminal record by executive pardon, State court order,
509	511		or operation of law; this provision shall not apply if that person
510	512		has been pardoned by the Governor of the State where the conviction
511	513		occurred, or, if a tribal member, has been determined by the Tribes
512	514		to be a person who is not likely again to engage in any offensive or
513	515		criminal course of conduct and the public good does not require that
514	516		the applicant be denied a license as a key employee or primary
515	517		management official; or
516	518		(d) Is determined by the Tribes to have participated
517	519		in organized crime or unlawful gambling or whose prior activities,
518	520		criminal records, reputation, habits, and/or associations pose a
519	521		threat to the public interest or to the effective regulation and
520	522		control of gaming, or create or enhance the dangers of unsuitable,
521	523		unfair, or illegal practices, methods, and activities in the
522	524		conduct of gaming or to the carrying on of the business and
523	525		financial arrangements incidental to the conduct of gaming; or
524	526		(e) Is a person whose license has previously been
525	527		revoked pursuant to the Tribes' Gaming Ordinances, or to whom the
526	528		issuance or renewal of a license has been denied, except with the
527	529		unanimous approval of the Tribes' Tribal Gaming Commissioners.
528	530		(2) Licensing of Gaming Service Suppliers. The Tribal
529	531		Gaming Commission shall require a License for any person who
530	532		supplies gaming services in the amount of $10,000 or more in any
531	533		one-month period to the Class III gaming facility. The gaming
532	534		services supplier, and all persons holding a 10% or greater direct
533	535		or indirect financial interest in the gaming services supplier,
534	536		shall submit to a background investigation and be required to meet
535	537		the standards set forth herein.
536	538		(3) Consultation with NIGC or Office of Indian Gaming,
537	539		United States Department of Interior ("Office of Indian Gaming").
538	540		At the time a primary management official or key employee is hired,
539	541		the Tribal Gaming Commission shall forward to the NIGC or the Office
540	542		of Indian Gaming, as applicable, a completed application containing
541	543		all applicable information. No license shall be issued until the
542	544		happening of:
543	545		(a) receipt of notification that the NIGC or Office of
544	546		Indian Gaming has no objection to the issuance of a license; or
545	547		(b) the expiration of the thirty (30) day period
546	548		provided for review under 25 C.F.R. Section 558.3(c) or Office of
547	549		Indian Gaming relevant regulations.
548	550		(4) State Verification. Upon the request of the State, the
549	551		Tribes will provide to the State the background information
550	552		compiled by the Tribes on all consultants (except legal counsel and
551	553		accountants), management personnel, suppliers and employees
552	554		required to be licensed under 25 C.F.R. Part 556 or the Tribes'
553	555		gaming ordinances to allow the State to verify the Tribes'
554	556		background information.
555	557		(5) Non-Transferability of License. Any license issued is
556	558		valid only for the person at the place of business shown on the face
557	559		of the license. The license is not assignable or otherwise
558	560		transferable.
559	561		(C) Management Agreement
560	562		(1) All management contracts entered into by the Tribes
561	563		regarding its gaming enterprises operated pursuant to this Compact
562	564		shall conform to all the requirements of IGRA, including 25 U.S.C.
563	565		2711, and tribal law.
564	566		(2) If the Tribes enter into or amends a management contract
565	567		for the operation of any Class III gaming or component thereof, the
566	568		State shall be given fourteen (14) days prior written notice of such
567	569		contract or amendment.
568	570		(D) Accounting and Audit
569	571		(1) Double Entry System. All accounting records shall be
570	572		kept on a double entry system of accounting, maintaining detailed,
571	573		supporting, subsidiary records. The Tribes shall maintain the
572	574		following records for not less than three (3) years:
573	575		(a) Revenues, expenses, assets, liabilities, and
574	576		equity for the location at which Class III gaming is conducted;
575	577		(b) Daily cash transactions for each Class III game at
576	578		the location at which gaming is conducted, including but not
577	579		limited to transactions relating to each gaming table bank, game
578	580		drop box, and gaming room bank;
579	581		(c) All markers, IOUs, returned checks, hold checks,
580	582		or other similar credit instruments;
581	583		(d) Individual and statistical game records (except
582	584		card games) to reflect statistical drop and statistical win; for
583	585		electronic, computer, or other technologically assisted games,
584	586		analytic reports which show the total amount of cash wagered and the
585	587		total amount of prizes won;
586	588		(e) Contracts, correspondence, and other transaction
587	589		documents relating to all vendors and contractors;
588	590		(f) Records of all tribal gaming enforcement
589	591		activities;
590	592		(g) Audits prepared by or on behalf of the Tribes; and
591	593		(h) Personnel information on all Class III gaming
592	594		employees or agents, including rotation sheets, hours worked,
593	595		employee profiles, and background checks.
594	596		(2) Audit. The Tribes shall respectively cause to be
595	597		conducted annually an independent audit of their respective gaming
596	598		operations.
597	599		(a) Applicability. All gaming related contracts that
598	600		result in the purchase of supplies, services, or concessions in
599	601		excess of $25,000 annually, except contracts for professional legal
600	602		and accounting services, shall be specifically included within the
601	603		scope of the audit.
602	604		(b) Submission to NIGC or Office of Indian Gaming. The
603	605		Tribes shall submit the resulting audit reports to the NIGC or
604	606		Office of Indian Gaming, as applicable.
605	607		(c) Submission to State. The Tribes shall submit the
606	608		respective resulting audit reports to the State, together with a
607	609		copy of the engagement letter setting forth the scope of the audit.
608	610		SECTION 5. Providers of Class III Gaming Equipment or
609	611		Supplies
610	612		(A) No Class III games of chance, gaming equipment, or supplies
611	613		may be purchased, leased, or otherwise acquired by the Tribes
612	614		unless the Class III equipment or supplies meet the technical
613	615		equipment standards established by the NIGC or Office of Indian
614	616		Gaming.
615	617		(B) Prior to entering into any lease or purchase agreement, the
616	618		Tribes shall obtain sufficient information and identification from
617	619		the proposed seller or lessor and all persons holding any direct or
618	620		indirect financial interest in the lessor or the lease/purchase
619	621		agreement to permit the Tribes to conduct a background check on
620	622		those persons. The Tribes shall not enter into any lease or
621	623		purchase agreement for Class III gaming equipment or supplies with
622	624		any person or entity if the lessor, seller, or any manager or person
623	625		holding direct or indirect financial interest in the lessor/seller
624	626		or the proposed lease/purchase agreement, is determined to have
625	627		participated in or have involvement with organized crime or has
626	628		been convicted of or entered a plea of guilty or no contest to any
627	629		other felony offense within the immediately preceding five (5)
628	630		years, unless that person has been pardoned.
629	631		(C) The seller, lessor, manufacturer, or distributor shall
630	632		provide, assemble, and install all Class III games of chance,
631	633		gaming equipment, and supplies in a manner approved and licensed by
632	634		the Tribes.
633	635		SECTION 6. Dispute Resolution
634	636		(A) In recognition of the government-to-government relationship
635	637		of the Tribes and the State, the parties shall make their best
636	638		efforts to resolve disputes that arise under this Compact by
637	639		good-faith negotiation whenever possible. Therefore, the Tribes
638	640		and State (for the purposes of this section also referred to as the
639	641		"party" or "parties") shall seek to resolve disputes by first
640	642		meeting and conferring in good faith to foster a spirit of
641	643		cooperation and efficiency in the administration and monitoring of
642	644		the performance and compliance of the terms, provisions, and
643	645		conditions of the Compact, as follows:
644	646		(1) Either party shall give the other, as soon as possible
645	647		after the event giving rise to the concern, a written notice setting
646	648		forth the facts giving rise to the dispute and with specificity, the
647	649		issues to be resolved.
648	650		(2) The other party shall respond in writing to the facts
649	651		and issues set forth in the notice within fifteen (15) days of
650	652		receipt of the notice, unless both parties agree in writing to an
651	653		extension of time.
652	654		(3) The parties shall meet and confer in good faith by
653	655		telephone, a video communication platform, or in person in an
654	656		attempt to resolve the dispute through negotiation within thirty
655	657		(30) days after receipt of the notice set forth in subdivision (1),
656	658		unless both parties agree in writing to an extension of time.
657	659		(4) Disputes that are not otherwise resolved by mutually
658	660		agreed means may be resolved in the United States District Court in
659	661		the judicial district where the Tribes' respective Gaming
660	662		Facilities are located, or if the federal court lacks jurisdiction,
661	663		in the state court of competent jurisdiction in the County where the
662	664		Tribes' respective Gaming Facilities are located.
663	665		(5) Each Party shall be responsible for any attorneys' fees
664	666		or other litigation costs it incurs in connection with any dispute
665	667		or litigation arising under this Compact.
666	668		(6) This section may not be construed to waive, limit, or
667	669		restrict the ability of the parties to address the issues arising
668	670		out of this Compact, by mutual agreement in writing, to pursue
669	671		dispute resolution by mediation.
670	672		(7) For the purpose of actions based on disputes between the
671	673		Tribes and the State that arise under this Compact and the judicial
672	674		enforcement of any judgement or award resulting therefrom, the
673	675		Tribes and the State expressly waive their right to assert any and
674	676		all sovereign immunity from suit and enforcement of any ensuring
675	677		judgment and further consent to be sued in federal or state court,
676	678		as the case may be, provided that:
677	679		(i) the dispute is limited solely to issues
678	680		arising under this Compact;
679	681		(ii) neither the Tribes nor the State make any
680	682		claim for restitution or monetary damages (expect that payment of
681	683		any money expressly required by the terms of this Compact may be
682	684		sought), and solely injunctive relief, specific performance
683	685		(including enforcement of a provision of this Compact expressly
684	686		requiring the payment of money to one or another of the parties),
685	687		and declaratory relief (limited to a determination of the
686	688		respective obligation of the parties under this Compact) may be
687	689		sought; and
688	690		(iii) nothing herein shall be construed to
689	691		constitute a waiver of the sovereign immunity of either the Tribes
690	692		or the State with respect to any third party that is made a party or
691	693		intervenes as a party to the action.
692	694		SECTION 7. Notice to Patrons
693	695		In the facilities of the Tribes where Class III gaming is conducted
694	696		the Tribes shall post in a prominent position a Notice to patrons at
695	697		least two (2) feet by three (3) feet in dimension with the following
696	698		language:
697	699		NOTICE
698	700		THIS FACILITY IS REGULATED BY ONE OR MORE OF THE FOLLOWING:
699	701		THE NATIONAL INDIAN GAMING COMMISSION, THE OFFICE OF INDIAN GAMING
700	702		OF THE U.S. DEPARTMENT OF THE INTERIOR, AND THE GOVERNMENT OF THE
701	703		TRIBE. THIS FACILITY IS NOT REGULATED BY THE STATE OF TEXAS.
702	704		SECTION 8. Regulation of the Sale of Alcoholic Beverages
703	705		and Tobacco
704	706		(A) The Tribes hereby adopt and apply to their respective Class
705	707		III gaming establishments as tribal law those State laws, as
706	708		amended, relating to the sale and regulation of alcoholic beverages
707	709		encompassing the following areas: sale to a minor; sale to a visibly
708	710		intoxicated individual; sale of adulterated or misbranded liquor;
709	711		hours of operation; and similar substantive provisions. Said
710	712		tribal laws, which are defined by reference to the substantive
711	713		areas of State laws referred to above, shall apply to the respective
712	714		tribal Class III gaming establishment in the same manner and to the
713	715		same extent as such laws apply elsewhere in the State to
714	716		off-reservation transactions.
715	717		(B) The Tribes will respectively adopt ordinances as described in
716	718		Section 8(A) above, and seek approval of their ordinance, if
717	719		required, from the United States Department of the Interior. Upon
718	720		approval by the Department of the Interior, if required, the Tribes
719	721		will pass and enforce the respective local ordinances on Eligible
720	722		Indian Lands as tribal law.
721	723		(C) The Tribes agree to prohibit sales of tobacco to minors at
722	724		their Class III gaming facilities.
723	725		SECTION 9. Effective Date
724	726		This Compact shall be effective immediately upon:
725	727		(A) Endorsement by the respective Tribal Chairperson/Governor and
726	728		concurrence in that endorsement by resolution of the respective
727	729		Tribal Council;
728	730		(B) Endorsement by the Governor of the State; and
729	731		(C) Approval by the Secretary of the Interior of the United
730	732		States, by operation of law pursuant to § 2710(d)(8)(C) of IGRA, or
731	733		the Office of Indian Gaming, as applicable.
732	734		SECTION 10. Binding Effect, Duration, and Severability
733	735		(A) This Compact shall be binding upon the State and the Tribes
734	736		from the date it becomes effective unless modified or terminated by
735	737		written agreement of both parties.
736	738		(B) The parties agree that 25 U.S.C. § 2710(d)(3) through (8), or
737	739		any successor provisions of law, apply to successor compacts.
738	740		(C) The Tribes may, pursuant to the procedures of IGRA, or the
739	741		Section 3 provisions herein, request the State to enter into
740	742		negotiations for a successor compact governing the conduct of Class
741	743		III gaming activities. If the parties are unable to conclude a
742	744		successor compact, this Compact shall remain in full force and
743	745		effect pending exhaustion of the administrative and judicial
744	746		remedies set forth in IGRA and/or any other applicable federal law.
745	747		(D) In the event that any section of provision of this Compact is
746	748		disapproved by the Secretary of the Interior of the United States or
747	749		the Office of Indian Gaming or is held invalid by any court of
748	750		competent jurisdiction, it is the intent of the parties that the
749	751		remaining sections or provisions of this Compact, and any
750	752		amendments thereto, shall continue in full force and effect. This
751	753		severability provision does not apply to Sections 14 and 15 of this
752	754		Compact.
753	755		SECTION 11. Notice to Parties
754	756		Unless otherwise indicated, all notices, payments, requests,
755	757		reports, information, or demand which any party hereto may desire
756	758		or may be required to give the other party hereto, shall be in
757	759		writing and shall be personally delivered or sent by first-class,
758	760		certified or registered United States Mail, postage prepaid, return
759	761		receipt requested, and sent to the other party at its address
760	762		appearing below or such other address as any party shall
761	763		hereinafter inform the other party hereto by written notice given
762	764		aforesaid:
763	765		Notice to the Tribes shall be sent to:
764	766		For the Pueblo:
765	767		Governor - Tribal Council
766	768		Ysleta del Sur Pueblo
767	769		119 South Old Pueblo Road
768	770		El Paso, Texas 79907
769	771		For the Alabama-Coushatta:
770	772		Chairman - Tribal Council
771	773		Alabama-Coushatta Tribe of Texas
772	774		571 State Park Road 56
773	775		Livingston, Texas 77351
774	776		Notice to the State shall be sent to:
775	777		Office of the Governor
776	778		P.O. Box 12428
777	779		Austin, TX 78711
778	780		Every notice, payment, request, report, information, or
779	781		demand so given shall be deemed effective upon receipt, or if
780	782		mailed, upon receipt or the expiration of the third day following
781	783		the day of mailing, whichever occurs first, except that any notice
782	784		of change of address shall be effective only upon receipt by the
783	785		party to whom said notice is addressed.
784	786		SECTION 12. Entire Agreement
785	787		This Compact is the entire agreement between the parties and
786	788		supersedes all prior agreements, whether written or oral, with
787	789		respect to the subject matter hereof. Neither this Compact nor any
788	790		provision herein may be changed, waived, discharged, or terminated
789	791		orally, but only by an instrument in writing signed by the Tribes
790	792		and the State.
791	793		SECTION 13. Filing of Compact with Secretary of State
792	794		Upon the effective date of this Compact, a certified copy
793	795		shall be filed by the Governor with the Texas Secretary of State and
794	796		a copy shall be transmitted to each house of the Texas State
795	797		Legislature and the Texas Attorney General. Any subsequent
796	798		amendment or modification of this Compact shall be filed with the
797	799		Texas Secretary of State.
798	800		SECTION 14. Tribal Payments to State for Economic Benefits
799	801		of Exclusivity
800	802		(A) The State and the Tribes acknowledge and recognize that this
801	803		Compact provides the Tribes with substantial exclusivity and,
802	804		consistent with the goals of IGRA, and the Restoration Act, special
803	805		opportunities for tribal economic opportunity through covered
804	806		gaming activity in the state. In consideration of the substantial
805	807		exclusivity, so long as the State does not, after January 1, 202 ,
806	808		authorize or allow the operation of any additional form of gaming
807	809		within the individual Tribe's Competitive Market, the Tribes agree
808	810		to pay the State a percentage of the revenue derived from covered
809	811		game revenues in an amount equal to five percent (5%) of the net win
810	812		received by the Tribe in a calendar year from the play of Class III
811	813		covered game. The amount is due and payable not later than the 20th
812	814		day after the last date of the preceding quarter for the revenue
813	815		received by the Tribes in the preceding quarter.
814	816		(B) Payment of revenue due under this Compact shall be made to the
815	817		comptroller of public accounts of the State. Nothing in this
816	818		Compact allocates the revenue to a particular state purpose.
817	819		(C) This Compact does not authorize the State to impose any tax,
818	820		fee, charge, or assessment of the Tribes or an enterprise of the
819	821		Tribes.
820	822		(D) The payments provided for in this Section are subject to the
821	823		following restrictions:
822	824		(1) In the event the State authorizes the State Lottery to
823	825		operate Electronic Games of Chance, as defined by this Compact, the
824	826		payments under this section shall be reduced by 50% as of the date
825	827		upon which those games become available to the public and this
826	828		reduction shall remain in effect so long as those games remain
827	829		available to the public. The remaining 50% of the payments shall
828	830		remain in effect as a continuing incentive to the State to refrain
829	831		from approving the operation of a Commercial Gaming Facility within
830	832		the individual Tribe's Competitive Market.
831	833		(2) In the event the State authorizes or approves the
832	834		operation of Electronic Games of Chance by a Commercial Gaming
833	835		Facility within the individual Tribe's Competitive Market Area, the
834	836		payment obligation under this section shall be suspended in its
835	837		entirety so long as the Commercial Gaming Facility continues to
836	838		operate.
837	839		(3) In the event the State authorizes and approves the
838	840		simultaneous operation of more than one Commercial Gaming Facility,
839	841		including a licensed pari-mutuel horse or dog track, to operate
840	842		Electronic Games of chance, as defined by this Compact, within 100
841	843		miles of the boundary of the Alabama-Coushatta Tribe, payments made
842	844		by the Alabama-Coushatta Tribe shall be reduced by 75% as of the
843	845		date upon which those games become available to the public and this
844	846		reduction shall remain in effect so long as those games remain
845	847		available to the public.
846	848		(4) In the event the State authorizes and approves a
847	849		Commercial Gaming Facility, including a licensed pari-mutuel horse
848	850		or dog track, to operate Electronic Games of chance, as defined by
849	851		this Compact, within 100 miles of the boundaries of the Pueblo,
850	852		payments made by the Pueblo shall be reduced by 75% as of the date
851	853		upon which those games become available to the public and this
852	854		reduction shall remain in effect so long as those games remain
853	855		available to the public.
854	856		SECTION 15. Tribal Payments to Local Units of Government
855	857		(A) In addition to the payments to the State in Section 14,
856	858		the Tribes shall also make payments in the manner described in this
857	859		section in an amount equal to two percent (2%) of the annual Net Win
858	860		to the local units of government that are located in the immediate
859	861		vicinity of the casino or that are otherwise directly affected by
860	862		the operation of the casino. It is the intent of the State and the
861	863		Tribes that the payments to local units of government provided for
862	864		in this section will be used primarily to provide financial
863	865		resources to those political subdivisions of the State that
864	866		actually experience increased operating costs associated with the
865	867		operation of the Tribes' Class III gaming facilities.
866	868		(B) Local Revenue Sharing Board.
867	869		(1) The local units of government within which the
868	870		gaming facility is located may, at their option, elect to form a
869	871		Local Revenue Sharing Board in conjunction with the Tribes in the
870	872		manner described in this subsection. In that event, the Board shall
871	873		receive and direct the disbursement of the payments required by
872	874		this Section.
873	875		(2) The Local Revenue Sharing Board shall be created
874	876		pursuant to an Inter-Governmental Memorandum of Understanding,
875	877		entered into between the Tribes and the following respective local
876	878		units of government: (1) the county in which the casino is located;
877	879		(2) the city, village, or township in which the casino is located;
878	880		and (3) any remaining units of local government in the immediate
879	881		vicinity of the casino that choose to be parties to the
880	882		Inter-Governmental Memorandum of Understanding. The
881	883		Inter-Governmental Memorandum of Understanding shall provide that
882	884		the Local Revenue Sharing Board shall consist of the following
883	885		individuals:
884	886		(a) One (1) representative selected by the
885	887		governing body of the county in which the Tribes' Class III gaming
886	888		facilities are located;
887	889		(b) One (1) representative selected by the
888	890		governing body of the village, city, or township in which the
889	891		Tribes' Class III gaming facilities are located;
890	892		(c) One (1) representative selected by the
891	893		remaining units of local government that are parties to the
892	894		Inter-Governmental Memorandum of Understanding; and
893	895		(d) Three (3) representatives selected by the
894	896		Tribes.
895	897		(3) Any disbursement of funds by the Local Revenue
896	898		Sharing Board concerning the distribution of revenues shall require
897	899		an affirmative vote of at least four (4) of the six representatives
898	900		comprising the Board.
899	901		(4) The Tribes agree that they shall not unreasonably
900	902		obstruct or impede the formation of their respective Local Revenue
901	903		Sharing Board which are amicably formed by the non-Tribal local
902	904		units of government.
903	905		(5) The procedures for the functioning of the Local
904	906		Revenue Sharing Boards, guidelines for establishment of criteria or
905	907		a formula for the distribution of revenues, and all other matters
906	908		not specified in this Compact, shall be determined by the
907	909		non-Tribal members of the Local Revenue Sharing Boards.
908	910		(6) Funds paid by the Tribes to the Local Revenue
909	911		Sharing Board shall be held in an interest bearing account and the
910	912		available funds shall be disbursed by the Boards consistent with
911	913		the following priorities:
912	914		(a) Each unit of government shall first receive
913	915		an amount equal to any specific actual costs incurred by that unit
914	916		of government as the result of the development or operation of the
915	917		Tribes' Class III gaming facilities, including payment to local
916	918		units of government for police, fire, and public safety services.
917	919		(b) Each unit of local government shall next
918	920		receive an amount equivalent to the amount of ad valorem property
919	921		taxes that the unit of government would have received if the Tribes'
920	922		Class III gaming facilities were subject to ad valorem property
921	923		taxes.
922	924		(c) The balance of such funds remaining after the
923	925		disbursements described in subparagraphs (a) and (b) shall be
924	926		allocated and disbursed by the Boards to eligible local units of
925	927		government, including the school district in which the Tribes'
926	928		Class III gaming facilities are located, to be used by those unites
927	929		of government for any lawful local government purpose.
928	930		(7) All payments due the local units of government
929	931		pursuant to the terms of this Section shall be paid no later than
930	932		the 20th day after the last day of the preceding quarter for the
931	933		revenue received by the Tribes in the proceeding quarter. Any
932	934		payments due and owing from the Tribes in the year this Compact is
933	935		approved, or the final year the Compact is in force, shall reflect
934	936		the actual Net Win but only for the portion of the year the Compact
935	937		is in effect.
936	938		(C) In the event that the eligible local units of government
937	939		fail or decline to form a Local Revenue Sharing Board pursuant to
938	940		subsection (B), the Tribes shall allocate and disburse the funds
939	941		required by this section to effect the intent on the tribal payments
940	942		to local units of government.
941	943		SECTION 16. Taxes
942	944		By entering into this agreement neither the Tribes nor the
943	945		State of Texas intend to create any new authority, nor to expand or
944	946		diminish any existing authority, on the part of the State of Texas
945	947		to impose taxes upon the Tribes, their members, or any person or
946	948		entity doing business with the Tribes pursuant to this Compact.
947	949		SECTION 17. Liability for Damage to Persons and Property
948	950		(A) During the term of this Compact, the Tribes shall each
949	951		maintain public liability insurance with limits of not less than
950	952		$250,000 for anyone person and $4,000,000 for anyone occurrence for
951	953		personal injury, and $2,000,000 for anyone occurrence for property
952	954		damage.
953	955		(B) The Tribes' respective insurance policies shall include
954	956		an endorsement providing that the insurer may not invoke tribal
955	957		sovereign immunity up to the limits of the policy required under
956	958		subsection A.
957	959		(C) Neither the Tribes nor the State are creating, or intend
958	960		to create, any rights in third parties which would result in any
959	961		claims for any nature whatsoever against the Tribes or the State as
960	962		a result of this Compact. Neither the Tribes nor the State have
961	963		waived immunity from third party suits or claims of any kind or
962	964		nature whatsoever against them, and nothing contained in this
963	965		Compact shall be construed to effect a waiver, in whole or in part,
964	966		of said immunity.
965	967		SECTION 18. Program to Promote Responsible Gambling
966	968		(A) Each Tribal Gaming Commission shall establish a program
967	969		to promote responsible gaming and to mitigate pathological and
968	970		reckless gambling by implementing the following measures:
969	971		(1) Requiring that all Gaming Facility supervisors and
970	972		gaming floor employees are trained on responsible gaming and to
971	973		identify and manage reckless gambling;
972	974		(2) Requiring the Gaming Facility make available to
973	975		patrons at conspicuous locations and ATMs in the Gaming Facility
974	976		educational and informational materials which aim at the prevention
975	977		of reckless gambling and that specify where to find assistance;
976	978		(3) Requiring the Gaming Facility to establish
977	979		self-exclusion programs whereby a self-identified reckless gambler
978	980		may request the halt of promotional mailings, the revocation of
979	981		privileges for casino services, the denial or restraint on the
980	982		issuance of credit and check cashing services, and exclusion from
981	983		the Gaming Facility;
982	984		(4) Requiring the Gaming Facility to establish an
983	985		involuntary exclusion program that allows the Gaming Operation to
984	986		halt promotional mailings, deny or restrain the issuance of credit
985	987		and cash checking services, and deny access to the Gaming Facility
986	988		to patrons who have exhibited signs of problem gambling;
987	989		(5) Requiring the Gaming Facility to display at
988	990		conspicuous locations and at ATMs within the Gaming Facility
989	991		signage bearing a toll-free help-line number where patrons may
990	992		obtain assistance for reckless gaming issues;
991	993		(6) Requiring the Gaming Facility to make diligent
992	994		efforts to prevent underage individuals from loitering in the area
993	995		of the Gaming Facility where the Gaming Activities take place; and
994	996		(7) Requiring the Gaming Facility to assure that
995	997		advertising and marketing of the Gaming Activities at the Gaming
996	998		Facility contain a responsible gambling message and a toll-free
997	999		help-line number for reckless gamblers, where practical, and that
998	1000		they make no false or misleading claims.
999	1001		(B) Nothing herein is intended to grant any third party the
1000	1002		right to sue based on a perceived violation of these standards.
1001	1003		IN WITNESS WHEREOF, the Tribal Chairperson/Tribal Governor,
1002	1004		acting for the Tribes and the Governor acting for the State of Texas
1003	1005		have set their hands and seals.
1004	1006		Date:
1005	1007		APPROVAL BY THE SECRETARY OF
1006	1008		United States Department of the Interior for the Interior
1007	1009		SECTION ____. This proposed constitutional amendment shall
1008	1010		be submitted to the voters at an election to be held _____. The
1009	1011		ballot shall be printed to permit [or "provide for"] voting for or
1010	1012		against the proposition: " The constitutional amendment (WORDING OF
1011	1013		BALLOT PROPOSITION)."