89R11878 BEE-F
By: Gutierrez S.J.R. No. 58
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the Kickapoo
Traditional Tribe of Texas to conduct gaming by executing a gaming
compact with this state; providing for occupational licensing
under the compact; limiting certain taxes and fees.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47(a), Article III, Texas Constitution,
is amended to read as follows:
(a) The Legislature shall pass laws prohibiting lotteries
and gift enterprises in this State other than those authorized by
Subsections (b), (d), (d-1), and (e) of this section and Section 47a
of this article.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 47a to read as follows:
Sec. 47a. (a) The chairman of the federally recognized
Kickapoo Traditional Tribe of Texas may execute a gaming compact
containing the terms set forth in Subsection (c) of this section on
receipt of a duly enacted resolution of the tribe's governing body
authorizing the chairman to execute the compact and on provision of
a copy of the resolution to the governor of this state. The
governor is not required to take any further action before the
gaming compact becomes effective. The executed gaming compact
constitutes a gaming compact between this state and the Kickapoo
Traditional Tribe of Texas for purposes of the federal Indian
Gaming Regulatory Act (Pub. L. No. 100-497). The tribe is
responsible for:
(1) providing a copy of the executed compact to the
governor; and
(2) submitting a copy of the executed compact to the
United States Secretary of the Interior for approval and
publication in the Federal Register.
(b) If, after January 1, 2025, video lottery terminals, slot
machines, or other forms of gaming not otherwise authorized before
that date are authorized under state law within 200 miles of the
boundary of the reservation of the Kickapoo Traditional Tribe of
Texas near Eagle Pass, Texas, the tribe is authorized to offer the
same types of games or devices, including any form of mobile gaming,
as authorized under state law at a location the tribe designates.
The number of games or devices authorized at the location is equal
to any maximum number of games or devices authorized under state law
for other gaming locations. The location must be on land in this
state owned or leased by the Kickapoo Traditional Tribe of Texas.
The gaming authorized under this subsection shall be regulated by
the Kickapoo Traditional Tribe of Texas and the Secretary of State.
A rule on gaming conducted by the tribe that this state adopts may
not be more restrictive than a rule applicable to other comparable
types of gaming licensed by this state. A tax rate or fee may not be
imposed on the tribe's gaming operations in an amount that exceeds
the amount of a tax rate or fee imposed on the operators of other
gaming locations or facilities in this state.
(c) A gaming compact executed under Subsection (a) of this
section must be in the form and contain the provisions as follows:
THE KICKAPOO TRADITIONAL TRIBE OF TEXAS AND THE STATE OF TEXAS
GAMING COMPACT
This compact is entered into between the Kickapoo Traditional
Tribe of Texas, a federally recognized Indian Tribe ("Tribe"), and
the State of Texas ("State"), with respect to the operation of
covered games (as defined herein) on the Tribe's Indian lands as
defined by Section 4(4), Indian Gaming Regulatory Act (25 U.S.C.
Section 2703(4)).
PART I. TITLE
This document shall be referred to as "The Kickapoo
Traditional Tribe of Texas and State of Texas Gaming Compact."
PART II. RECITALS
1. The Tribe is a federally recognized tribal government
with sovereign powers and rights of self-government. The Tribe has
special gaming rights under the federal Indian Gaming Regulatory
Act (Pub. L. No. 100-497).
2. The State is a state of the United States possessing the
sovereign powers and rights of a state.
3. The State and the Tribe maintain a
government-to-government relationship, and this compact will
foster mutual respect and understanding between Indians and
non-Indians.
4. The Tribe and the State jointly intend to protect the
integrity of gaming regulated under this compact.
5. The gaming under this compact will further the purposes
of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to
promote tribal economic development, self-sufficiency, and strong
tribal government, and will assist the Tribe in funding tribal
programs that provide needed services to the Tribe's members.
PART III. DEFINITIONS
In this compact:
A. "Class III gaming" means the forms of Class III
gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
U.S.C. Section 2703(8)) and by the regulations of the National
Indian Gaming Commission.
B. "Commission" means the Kickapoo Traditional Tribe
of Texas Tribal Gaming Commission, which is the tribal governmental
agency assigned the authority to carry out the Tribe's regulatory
and oversight responsibilities under this compact.
C. "Compact" means this gaming compact between the
Kickapoo Traditional Tribe of Texas and the State of Texas.
D. "Covered game" or "covered gaming activity" means
Class III gaming activities determined available to the Tribe by
the United States Department of the Interior, video lottery
terminals, and any other Class III game of chance or skill
authorized by State law for any person, organization, or entity for
any purpose.
E. "Covered game employee" means an individual
employed and licensed by the Tribe whose responsibilities include
providing services related to the operation, maintenance, or
management of covered games. The term:
(1) includes:
a. managers and assistant managers;
b. accounting personnel;
c. commission officers;
d. surveillance and security personnel;
e. cashiers, supervisors, and floor
personnel;
f. cage personnel; and
g. any other employee whose employment
duties require or authorize access to areas of a facility related to
the conduct of a covered game or the technical support or storage of
a covered game component; and
(2) does not include an elected official of the
Tribe who is not directly involved in the operation, maintenance,
or management of a covered game or covered game component.
F. "Document" means a book, a record, an electronic,
magnetic, or computer media document, or another writing or
material. The term includes a copy of any of those documents and
information contained in the document.
G. "Effective date" means the date on which the
compact becomes effective under Part XV.A of this compact.
H. "Facility" or "facilities" means a building or
buildings of the Tribe in which a covered game authorized by this
compact is conducted on the Tribe's Indian lands as defined by the
Indian Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the
terms of this compact, the Tribe has the ultimate responsibility
for ensuring that the operation of each facility conforms to the
requirements of this compact.
I. "IGRA" means the Indian Gaming Regulatory Act (Pub.
L. No. 100-497).
J. "Net win" means the total receipts, not including
free or promotional credits issued by the Tribe, from the play of
all covered games less all prize payouts and participation fees.
K. "Participation fee" means a payment by the Tribe to
a supplier on a periodic basis for the right to lease or otherwise
offer for play a gaming device the Tribe does not own for a covered
gaming activity. A participation fee may be a royalty payment or
lease payment.
L. "Patron" means a person who is on the premises of a
facility or who is entering the Tribe's Indian lands for the purpose
of playing a covered game authorized by this compact.
M. "Rules" means rules adopted by the commission to
implement this compact.
N. "State" means the State of Texas.
O. "State compliance agency" ("SCA") means the office
of the Secretary of State or another agency authorized by the
legislature to carry out the State's oversight responsibilities
under this compact.
P. "Tribe" means the Kickapoo Traditional Tribe of
Texas.
Q. "Video lottery terminal" means an electronic game
of chance connected to a centralized computer system.
PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES; LIMITATION
ON PARTICIPATION FEE DEDUCTION
A. The Tribe and State agree that the Tribe is authorized to
operate covered games on the Tribe's Indian lands, as defined in the
IGRA, in accordance with the provisions of this compact.
Notwithstanding any other provision of this compact, a wager made
through a mobile or other electronic device by a player physically
located in Texas but not on the Tribe's Indian lands shall be
considered for regulatory purposes to occur exclusively where
received at the location of the servers or other devices used to
conduct that wagering at a facility located on the Tribe's Indian
lands. The placement of such wagers is permitted as a matter of
State law.
B. The Tribe acknowledges the Tribe did not hold an interest
in a company that supplies a gaming device on the date this compact
was executed. If the Tribe acquires an interest in a company that
supplies gaming devices, the Tribe may not deduct from the net win a
participation fee for the supplier in which the Tribe has acquired
an interest.
PART V. RULES; MINIMUM REQUIREMENTS
A. During the term of this compact, the Tribe is responsible
for all duties assigned to the Tribe and the commission under this
compact. The Tribe shall adopt any rules necessary to implement
this compact. Nothing in this compact may be construed to affect
the Tribe's right to amend the Tribe's rules, provided the amendment
is in conformity with this compact. The SCA may propose to the
commission additional rules consistent with the implementation of
this compact, and the commission shall in good faith consider the
proposal and notify the SCA of the Tribe's response or action in
regard to the proposal.
B. All facilities shall comply with and all covered games
shall be operated in accordance with this compact. All facilities
must be operated in strict compliance with tribal internal control
standards that provide a level of control equal to or exceeding the
minimum internal control standards for Class III gaming recommended
by the National Indian Gaming Commission in the bulletin issued on
August 14, 2018, and any update to those standards.
C. The Tribe agrees to maintain the following safeguards
against problem gambling:
1. The Tribe will provide a comprehensive training
program to all gaming employees.
2. The Tribe will make available to patrons printed
materials with contact information for organizations dedicated to
assisting problem gamblers.
3. The commission shall establish a list of the
patrons voluntarily excluded from the Tribe's facilities under Part
V.C.5 of this compact.
4. The Tribe shall employ its best efforts to exclude
patrons on the list maintained under Part V.C.3 of this compact.
This compact does not create a cause of action against the State,
the Tribe, the commission, or any other person, entity, or agency
for failing to exclude a patron on the list established under Part
V.C.3 of this compact.
5. A patron who believes the patron may be playing a
covered game on a compulsive basis may request the patron's name to
be placed on the list of patrons voluntarily excluded from the
Tribe's facilities.
6. All covered game employees who interact with
patrons shall receive training to identify a patron who may have a
problem with compulsive gambling and instruct the patron to leave.
Signs bearing a toll-free help line number and educational and
informational materials must be made available at conspicuous
locations and ATMs in each facility. The signs must be designed in
a manner aimed at preventing problem gambling and specifying where
patrons may receive counseling or assistance for gambling problems.
Nothing in this part of this compact creates a cause of action or
claim against the State, the Tribe, the commission, or any other
person, entity, or agency for failing to identify a patron or person
who is a compulsive gambler or asking that person to leave.
7. The Tribe shall make diligent efforts to prevent an
underage individual from loitering in the area of each facility
where a covered game is conducted.
8. The Tribe shall assure that advertising and
marketing of the covered games at the facilities contain a
responsible gambling message and a toll-free help line number for
problem gamblers where practical and that the advertising and
marketing messages do not make any false or misleading claims.
D. The State may secure an annual independent financial
audit of the conduct of covered games subject to this compact. The
audit must examine revenues from the conduct of a covered game and
must verify the determination of net win and the basis of, and right
to, the payments to the State pursuant to Part XI of this compact
and as defined by this compact. A copy of the audit report for the
conduct of a covered game must be submitted to the commission not
later than the 30th day after the date an audit is completed. A
representative of the SCA may, on request, meet with the Tribe and
the Tribe's auditors to discuss an audit or matter in connection
with the audit, provided the discussions are limited to covered
games information. The annual independent financial audit must be
performed by an independent accounting firm with experience in
auditing casino operations, selected by the State and subject to
the Tribe's consent, which may not be unreasonably withheld. The
Tribe shall pay the accounting firm for the costs of the annual
independent financial audit if the Tribe is found not to be in
compliance with this compact.
E. A summary of the rules for playing covered games must be
displayed in a facility. A complete set of rules must be available
at a facility and provided to a patron on request. A copy of the
rules must be provided to the SCA not later than the 30th day after
the date the rules are issued or amended.
F. The Tribe shall provide the commission and SCA with a
chart of the supervisory authority of persons directly responsible
for the conduct of covered games, and shall promptly notify the
commission and the SCA of any material change to the supervisory
authority.
G. The Tribe shall continue to maintain a proactive approach
to prevent improper alcohol sales, drunk driving, underage
drinking, and underage gambling that involves extensive staff
training and certification, patron education, and the use of
security personnel and surveillance equipment to enhance patrons'
enjoyment of the facilities and provide for patron safety. Staff
training must include specialized employee training in nonviolent
crisis intervention, driver's license verification, and the
detection of intoxication. Patron education may be accomplished by
printing a notice on a valet parking stub, posting a sign in the
facilities, and publishing brochures. The facilities must have
roving and fixed security officers, along with surveillance
cameras, to assist in the detection of intoxicated patrons,
investigate problems, and engage patrons to de-escalate volatile
situations. This part of this compact does not create a cause of
action or claim against the State, the Tribe, the commission, or any
other person, entity, or agency for failing to fulfill a
requirement of this part.
H. A person under 21 years of age may not play a covered game
unless state law authorizes the play of the same or similar games by
persons under 21 years of age at locations under the State's
jurisdiction.
I. The Tribe and the commission on request shall make
available a copy of the following documents to any member of the
public:
1. the tribal gaming ordinance;
2. this compact;
3. the rules of each covered game operated by the
Tribe; and
4. the administrative procedures for addressing
patron tort claims under Part VI of this compact.
PART VI. PATRON DISPUTES; TORT CLAIMS; PRIZE CLAIMS
A. All Patron disputes shall be resolved under the
procedures established by the Tribe's Gaming Ordinance and such
remedies must be exhausted.
B. The Tribe shall ensure that a patron of a facility is
afforded due process in seeking and receiving just and reasonable
compensation for a tort claim for personal injury or property
damage against a facility arising out of an incident occurring at a
facility. During the term of this compact, the Tribe shall maintain
public liability insurance for the express purposes of providing
coverage for a tort claim. The insurance must provide coverage for
damage amounts equal to the liability limits described by Section
101.023(a), Texas Civil Practice and Remedies Code. The liability
for a tort claim, including a claim for compensatory damages,
punitive damages, costs, prejudgment interest, and attorney fees if
otherwise allowed under Texas law, arising out of any tort claim
brought or asserted against the Tribe, the Tribe's subordinate
governmental or economic units, any Tribal officials, employees,
servants, or agents in their official capacities, or any entity
which is owned directly or indirectly by the Tribe, may not exceed
or be paid in an amount exceeding the maximum amount of insurance
coverage required by this part.
C. All Patron tort claims brought under this part of the
compact shall be brought solely against the Kickapoo Lucky Eagle
Casino, an economic entity owned by a federally recognized Indian
tribe, as the sole party in interest.
D. The Tribe shall ensure that patrons of a facility are
afforded due process in seeking and receiving just and reasonable
compensation arising from a patron's dispute, in connection with
the patron's play of a covered game, the amount of a prize awarded,
the failure to award a prize, or the right to receive a refund. Such
patron disputes shall be resolved under the procedures established
by the Tribe's Gaming Ordinance.
PART VII. ENFORCEMENT OF COMPACT PROVISIONS
A. The Tribe and the commission are responsible for
regulating activities under this compact. The Tribe shall adopt or
issue standards designed to ensure the facilities are constructed,
operated, and maintained to adequately protect the environment and
public health and safety.
B. A commission compliance officer shall be available to a
facility during operation on reasonable notice and shall have
immediate and complete access to a facility to ensure compliance
with this compact. The commission shall investigate a suspected or
reported violation of this part of this compact and shall timely
file an official written report of the investigation and action
taken on the violation, and shall send a copy of the investigative
report to the SCA not later than the 30th day after the date the
commission files the report. The scope of the report must be
determined by a memorandum of understanding between the commission
and the SCA as soon as practicable after the effective date of this
compact. A violation must be reported immediately to the
commission, and the commission shall immediately forward the
violation to the SCA. In addition, the commission shall promptly
report to the SCA a violation which the commission independently
discovers.
C. Representatives of the commission and the SCA shall meet
at least once each year to review past practices and examine methods
to improve the regulatory scheme created by this compact. The
meetings shall take place at a location agreed to by the commission
and the SCA. The SCA, before or during a meeting, shall disclose to
the commission any concerns, suspected activities, or pending
matters reasonably believed to constitute a violation of this
compact by any person, organization, or entity, if the disclosure
will not compromise the interest sought to be protected.
PART VIII. STATE MONITORING OF COMPACT
A. The SCA may, under this compact, monitor the conduct of a
covered game to ensure a covered game is conducted in compliance
with this compact. In order to properly monitor the conduct of a
covered game, an agent of the SCA may have, without prior notice,
reasonable access to all public areas of a facility where a covered
game is conducted under this compact. An SCA agent must report to a
commission officer immediately on arrival at the facility. An SCA
agent may not enter a nonpublic area of a facility without giving
the commission notice of the agent's arrival 24 hours before the
hour of the agent's arrival and, on arrival, providing proper
photographic identification. A commission officer shall accompany
an SCA agent in a nonpublic area of a facility.
B. Subject to this compact, an SCA agent has the right to
review and request a copy of a facility document related to the
conduct of a covered game. The review and copying of the document
must be during normal business hours unless otherwise allowed by
the Tribe at the Tribe's discretion. The Tribe may not refuse an
inspection or request to copy a document, provided that an agent
cannot require copies of documents in a volume that unreasonably
interferes with the normal functioning of the facility or a covered
game.
C. After an SCA inspection or investigation, the SCA shall
send to the commission a written report of the inspection or
investigation that contains all pertinent, nonconfidential,
nonproprietary information about a violation of an applicable law
or this compact discovered during an inspection or investigation
unless disclosure of the information would adversely affect an
investigation of suspected criminal activity. This compact does
not prevent the SCA from contacting a tribal or federal law
enforcement authority about suspected criminal wrongdoing
involving the commission.
D. This compact does not authorize the State to regulate the
Tribe's government or the commission or to interfere with the
Tribe's selection of the Tribe's governmental officers or members
of the commission.
PART IX. JURISDICTION
The obligations and rights of the State and the Tribe under
this compact are contractual in nature, and, except regarding
mobile gaming regulation, this compact does not alter tribal,
federal, or state civil or criminal jurisdiction.
PART X. LICENSING
The Tribe and the commission shall comply with the licensing
and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
applicable licensing requirements in the Tribe's Gaming Ordinance.
PART XI. PAYMENTS TO STATE
A. The parties acknowledge and recognize this compact
provides the Tribe with substantial exclusivity and, consistent
with the goals of the IGRA, special opportunities for tribal
economic opportunity through covered gaming activity in the State.
In consideration of the substantial exclusivity, only while the
State does not, after January 1, 2025, authorize or allow the
operation of any additional form of gaming, including slot
machines, video lottery terminals, video pull-tab games,
electronic bingo, sports betting, banked and banking card games, or
another type of table gaming game, not otherwise authorized and
operated under state law on that date within 200 miles of the
boundary of the Tribe's reservation, the Tribe agrees to pay the
State a percentage of the revenue derived from covered game
revenues in an amount equal to three percent of the net win received
by the Tribe in a calendar year from the play of Class III covered
games. The amount is due and payable not later than the 20th day
after the last date of the preceding quarter for the revenue
received by the Tribe in the preceding quarter.
B. Payment of revenue due under Part XI.A of this compact
must be made to the comptroller of public accounts of the State.
Nothing in this compact allocates the revenue to a particular State
purpose, including regulatory responsibilities under this compact.
C. This compact does not authorize the State to impose any
tax, fee, charge, or assessment on the Tribe or an enterprise of the
Tribe.
PART XII. DISPUTE RESOLUTION
A dispute under this compact, including a dispute over
compliance with or the interpretation of the terms of this compact,
must be resolved amicably and voluntarily when possible. In
pursuit of this goal, the following procedures shall be invoked:
A. A party asserting noncompliance or seeking an
interpretation of this compact first shall serve written notice on
the other party. The notice must identify the provision alleged to
have been violated or in dispute and must specify in detail the
factual basis for the claim. Representatives of the Tribe and State
shall meet in an effort to resolve the dispute not later than the
30th day after the date notice is received unless the parties agree
to extend the time.
B. A party asserting noncompliance or seeking an
interpretation of this compact is considered to have certified that
to the best of the party's knowledge, information, and belief,
formed after reasonable inquiry, the claim of noncompliance or the
request for interpretation of this compact is warranted and made in
good faith and not for any improper purpose, such as to harass or to
cause unnecessary delay or expense to resolve the dispute.
C. If the parties are unable to resolve a dispute
through the process specified in Part XII.A of this compact, either
party can call for mediation under the Commercial Arbitration Rules
and Mediation Procedures of the American Arbitration Association
(AAA) or any such successor procedures, provided the mediation does
not last more than 60 calendar days unless the parties agree to
extend the time. Mediation is only available for resolving
disputes over matters arising under this compact.
D. If the parties are unable to resolve a dispute
through the process under Parts XII.A and XII.C of this compact,
notwithstanding any other provision of law, the State or Tribe may
bring an action in federal district court ("federal court")
regarding any dispute arising under this compact in a district in
which the federal court has venue. If the federal court declines to
exercise jurisdiction, or federal precedent exists that rules the
federal court does not have jurisdiction over the dispute, the
State or the Tribe may bring the action in state court. The State
and the Tribe are entitled to all rights of appeal permitted by law
in the court system in which the action is brought.
E. For purposes of an action based solely on a dispute
between the State and the Tribe that arises under this compact and
the enforcement of any judgment resulting from the action, the
State and the Tribe expressly waive the right to assert sovereign
immunity from suit and from enforcement of any judgment, and
consent to be sued in all levels of federal or state court, provided
that:
1. the dispute is limited solely to issues
arising under this compact;
2. the action does not include a claim for
monetary damages, other than payment of any money required by the
terms of this compact, and injunctive relief or specific
performance enforcing a provision of this compact requiring the
payment of money to the State may be sought; and
3. nothing in this compact may be construed to
constitute a waiver of the sovereign immunity of the State or the
Tribe with respect to a third party that is made a party or
intervenes as a party in an action.
F. In the event that intervention, joinder, or other
participation by a third party in any action between the State and
the Tribe would result in the waiver of the State's or the Tribe's
sovereign immunity to the third party's claim, the waiver of the
State or the Tribe under this compact may be revoked.
G. The State may not pursue any mediation or judicial
remedy against the Tribe if the State failed to exhaust Tribal
administrative remedies.
H. Notwithstanding anything to the contrary in this
part of this compact, the Tribe's failure to remit a payment under
this compact entitles the State to seek injunctive relief in
federal or state court, at the State's sole discretion, to compel
the payments after exhausting the dispute resolution process in
this part of this compact.
PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
A. Each provision, section, and subsection of this compact
shall stand separate and independent of every other provision. If a
federal district court in Texas or other court of competent
jurisdiction finds a provision of this compact to be invalid, the
remaining provisions of this compact remain in full force and
effect, provided that severing the invalidated provision does not
undermine the overall intent of the parties in entering into this
compact.
B. This compact is intended to meet the requirements of the
IGRA on the effective date of this compact, and where reference is
made to the IGRA, or to an implementing regulation of the IGRA, the
reference is considered to be incorporated into this document as if
fully stated in this document. Changes to the IGRA after the
effective date of this compact that diminish the rights of the State
or Tribe may not be applied to alter the terms of this compact,
except to the extent that federal law mandates retroactive
application without the respective consent of the State or Tribe.
C. The presence or absence of language in this compact that
is present in or absent from another compact between a state and
another Indian tribe may not be a factor in construing the terms of
this compact.
D. Each party shall defend the validity of this compact.
E. On execution of this compact, the Tribe shall submit the
compact to the United States Secretary of the Interior, and the
parties shall cooperate in seeking the Secretary's approval of this
compact.
F. Nothing in this compact may be construed to limit,
restrict, or regulate the Tribe's right to offer Class I and Class
II gaming as authorized under the IGRA.
PART XIV. NOTICES
A notice required under this compact must be given by
certified mail, return receipt requested, commercial overnight
courier service, or personal delivery, to:
Governor
State of Texas
1100 San Jacinto
Austin, TX 78701
Chairman - Tribal Council
Kickapoo Traditional Tribe of Texas
2212 Rosita Valley Road
Eagle Pass, TX 78852
With copies to the general counsel for each party.
PART XV. EFFECTIVE DATE AND TERM
A. This compact is effective on approval either by the
United States Secretary of the Interior as a tribal-state compact
under the IGRA or by operation of law and on publication of the
notice of approval in the Federal Register.
B. This compact has a term of 25 years beginning on the day
the compact becomes effective under Part XV.A of this compact. This
compact remains in full force and effect until the earlier of the
25th anniversary of the day the compact becomes effective or until
terminated by agreement of the parties. If either the State or the
Tribe wishes to extend the term of this compact, the party shall
notify the other at least 18 months before the date that this
compact will expire. The parties shall begin negotiations at least
12 months before the term expires.
PART XVI. AMENDMENT OF COMPACT
Amendment of this compact may only be made by written
agreement of the parties, subject to approval either by the United
States Secretary of the Interior or by operation of law and is
effective on publication of the notice of approval in the Federal
Register.
PART XVII. MISCELLANEOUS
A. Except to the extent expressly provided in this compact,
this compact does not create a right for a third party to bring an
action to enforce a term of this compact.
B. Nothing in this compact shall alter any existing
memoranda of understanding, contracts, or other agreements entered
into between the Tribe and any other federal, state, or local
governmental entity.
PART XVIII. EXECUTION
The chairman of the Tribal Council of the Kickapoo
Traditional Tribe of Texas affirms that the chairman is duly
authorized and has the authority to execute this compact on behalf
of the Tribe. The chairman also affirms that the chairman will take
all appropriate steps to effectuate the purposes and intent of this
compact.
(d) The Secretary of State may adopt rules necessary for
this state to carry out its responsibilities under this section
unless the Legislature enacts laws authorizing another state agency
to administer this section. The rules may not apply to the Tribe.
(e) All shipments of gaming equipment or other gaming
devices into, out of, or within this state authorized under this
section or a law enacted under this section are legal shipments of
the devices and are exempt from the provisions of 15 U.S.C. Sections
1171-1178 prohibiting the transportation of gambling devices.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
Kickapoo Traditional Tribe of Texas to conduct gaming by executing
a gaming compact with this state."