By:  McCall                                            H.B. No. 105
       73R1028 ESH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to casino gaming conducted by certain charitable
    1-3  organizations; to certain gaming conducted on Indian lands;
    1-4  providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 6, Revised Statutes, is amended by adding
    1-7  Articles 179h and 179i to read as follows:
    1-8        Art. 179h.  CASINO GAMING BY CHARITABLE ORGANIZATIONS
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Casino gaming" means the dealing, operation,
   1-11  carrying on, conducting, maintaining, or exposing for play of a
   1-12  game.
   1-13              (2)  "Game" means an amusement or competition involving
   1-14  skill or chance, or both, played with cards, dice, equipment, or
   1-15  any device for money, property, checks, credit, or any
   1-16  representative of value, including the amusements or competitions
   1-17  commonly known as faro, monte, roulette, keno, fan-tan, twenty-one,
   1-18  blackjack, seven-and-a-half, big injun, klondike, craps, poker,
   1-19  chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune,
   1-20  chemin de fer, baccarat, pai gow, beat the banker, and panguingui.
   1-21  The term includes a game played by operating a slot machine and any
   1-22  banking or percentage game.  The term does not include:
   1-23                    (A)  pari-mutuel wagering on the outcome of
   1-24  greyhound or horse racing, as authorized by the Texas Racing Act
    2-1  (Article 179e, Vernon's Texas Civil Statutes);
    2-2                    (B)  bingo, as authorized by the Bingo Enabling
    2-3  Act (Article 179d, Vernon's Texas Civil Statutes);
    2-4                    (C)  charitable raffles, as authorized by the
    2-5  Charitable Raffle Enabling Act (Article 179f, Revised Statutes, as
    2-6  added by Chapter 957, Acts of the 71st Legislature, Regular
    2-7  Session, 1989);
    2-8                    (D)  the state lottery, as authorized by the
    2-9  State Lottery Act (Article 179g, Vernon's Texas Civil Statutes); or
   2-10                    (E)  a sports pool.
   2-11              (3)  "Governing body" means:
   2-12                    (A)  the city council or other chief legislative
   2-13  body with regard to a municipality; or
   2-14                    (B)  the commissioners court with regard to a
   2-15  county.
   2-16              (4)  "Person" includes a corporation, organization,
   2-17  business trust, estate, trust, partnership, association, and any
   2-18  other legal entity.
   2-19              (5)  "Political subdivision" means a municipality or
   2-20  county.
   2-21              (6)  "Prosecuting attorney" means a district attorney,
   2-22  criminal district attorney, or county attorney performing the
   2-23  duties of a district attorney.
   2-24              (7)  "Qualified organization" means an organization
   2-25  that may conduct a raffle under the Charitable Raffle Enabling Act
   2-26  (Article 179f, Revised Statutes, as added by Chapter 957, Acts of
   2-27  the 71st Legislature, Regular Session, 1989).
    3-1              (8)  "Sports pool" means accepting bets on sporting
    3-2  events by any system or method of wagering other than by
    3-3  pari-mutuel wagering.
    3-4        Sec. 2.  CASINO GAMING AUTHORIZED.  A qualified organization
    3-5  may conduct casino gaming subject to this article in a political
    3-6  subdivision in which a successful legalization election is held
    3-7  under Sections 3 through 5 of this article, unless the legalization
    3-8  of that gaming has been rescinded by a successful rescission
    3-9  election under those sections.
   3-10        Sec. 3.  LOCAL OPTION ELECTION; PETITION.  (a)  The governing
   3-11  body of a political subdivision shall order and hold a legalization
   3-12  or rescission election under this article in the political
   3-13  subdivision if the governing body is presented with a petition that
   3-14  meets the requirements of this section.
   3-15        (b)  A petition for a legalization election must have a
   3-16  statement substantially as follows that precedes the space reserved
   3-17  for signatures on each page:  "This petition is to require that an
   3-18  election be held in (name of political subdivision) to legalize
   3-19  limited casino gambling conducted by charitable organizations in
   3-20  (name of political subdivision) under Article 179h, Revised
   3-21  Statutes."
   3-22        (c)  A petition for a rescission election must have a
   3-23  statement substantially as follows that precedes the space reserved
   3-24  for signatures on each page:  "This petition is to require that an
   3-25  election be held in (name of political subdivision) to rescind the
   3-26  legalization of limited casino gambling conducted by charitable
   3-27  organizations in (name of political subdivision) under Article
    4-1  179h, Revised Statutes."
    4-2        (d)  A petition is valid only if it is signed by registered
    4-3  voters of the political subdivision in a number equal to or greater
    4-4  than three percent of the number of votes cast for governor by
    4-5  qualified voters of the political subdivision in the most recent
    4-6  gubernatorial general election.
    4-7        (e)  Each voter must enter beside the voter's signature the
    4-8  date the voter signs the petition.  A signature may not be counted
    4-9  if the date of signing is earlier than the 90th day before the date
   4-10  the petition is submitted to the governing body.
   4-11        (f)  Each voter must provide the voter's current voter
   4-12  registration number, printed name, and residence address including
   4-13  zip code.
   4-14        Sec. 4.  VERIFICATION OF PETITION; DATE OF ELECTION; BALLOT
   4-15  PROPOSITION.  (a)  Not later than the fifth day after the date a
   4-16  petition for an election under this article is received in the
   4-17  office of the governing body, the governing body shall submit the
   4-18  petition for verification to the municipal secretary or county
   4-19  clerk, as applicable.
   4-20        (b)  The officer to whom the petition is submitted for
   4-21  verification shall determine whether the petition is signed by the
   4-22  required number of registered voters of the political subdivision.
   4-23  Not later than the 30th day after the date the petition is
   4-24  submitted to the officer for verification, the officer shall
   4-25  certify in writing to the governing body of the political
   4-26  subdivision whether the petition is valid or invalid.  If the
   4-27  officer determines that the petition is invalid, the officer shall
    5-1  state all reasons for that determination.
    5-2        (c)  If the municipal secretary or county clerk, as
    5-3  applicable, certifies that a petition is valid, not later than the
    5-4  30th day after the date of certification the governing body shall
    5-5  order that an election be held in the political subdivision on the
    5-6  next uniform election date under Section 41.001, Election Code,
    5-7  that occurs after the 45th day after the date on which the
    5-8  governing body orders the election.  The governing body shall state
    5-9  in the order the issue to be voted on.
   5-10        (d)  The ballot in a legalization election shall be printed
   5-11  to provide for voting for or against the proposition:  "Legalizing
   5-12  limited casino gambling conducted by charitable organizations
   5-13  within (name of political subdivision) under Article 179h, Revised
   5-14  Statutes."
   5-15        (e)  The ballot in a rescission election shall be printed to
   5-16  provide for voting for or against the proposition:  "Rescinding the
   5-17  legalization of limited casino gambling conducted by charitable
   5-18  organizations within (name of political subdivision) under Article
   5-19  179h, Revised Statutes."
   5-20        Sec. 5.  RESULTS OF ELECTION.  (a)  If the majority of the
   5-21  votes cast in a legalization election are for the legalization of
   5-22  casino gaming conducted by charitable organizations, casino gaming
   5-23  as authorized under this article is permitted within the political
   5-24  subdivision holding the election effective the 10th day after the
   5-25  date the election is canvassed.  The legalization does not apply to
   5-26  a municipality that disapproves the proposition in an election
   5-27  ordered by the commissioners court of the county.
    6-1        (b)  If the majority of the votes in a rescission election
    6-2  are for the rescission of the legalization of casino gaming
    6-3  conducted by charitable organizations, casino gaming is prohibited
    6-4  within the political subdivision holding the election effective the
    6-5  30th day after the date the election is canvassed.
    6-6        Sec. 6.  RESTRICTIONS ON CASINO GAMING.  (a)  A qualified
    6-7  organization may not conduct casino gaming on more than two
    6-8  occasions in a calendar year.  An occasion at which casino gaming
    6-9  is conducted may not exceed six hours and must be continuous.
   6-10        (b)  A qualified organization may not conduct casino gaming
   6-11  at more than one location in a calendar year.
   6-12        (c)  A qualified organization may not directly or indirectly
   6-13  promote casino gaming through a paid advertisement in a medium of
   6-14  mass communication, including television, radio, or newspapers.
   6-15        (d)  Each player must be given a written statement that
   6-16  contains:
   6-17              (1)  the name of the qualified organization conducting
   6-18  the casino gaming; and
   6-19              (2)  the address of the organization or of a named
   6-20  officer of the organization.
   6-21        (e)  A qualified organization may not compensate an
   6-22  individual for conducting a game.  An individual who is not a
   6-23  member of the qualified organization conducting the casino gaming
   6-24  occasion may not conduct a game.
   6-25        Sec. 7.  RESTRICTIONS ON USE OF PROCEEDS; BOOKS AND RECORDS.
   6-26  (a)  A qualified organization shall spend all net proceeds of
   6-27  casino gaming to:
    7-1              (1)  benefit needy or deserving individuals, indefinite
    7-2  in number, by:
    7-3                    (A)  enhancing their opportunity for religious or
    7-4  educational advancement;
    7-5                    (B)  relieving them from disease, suffering, or
    7-6  distress;
    7-7                    (C)  contributing to their physical well-being;
    7-8                    (D)  assisting them in establishing themselves in
    7-9  life as worthy and useful citizens; or
   7-10                    (E)  increasing their comprehension of and
   7-11  devotion to the principles on which this nation was founded and
   7-12  enhancing their loyalty to their government;
   7-13              (2)  initiate, perform, or foster a worthy public work
   7-14  in this state; or
   7-15              (3)  erect or maintain a public structure in this
   7-16  state.
   7-17        (b)  A qualified organization shall:
   7-18              (1)  keep books and records that:
   7-19                    (A)  show the amount wagered by players;
   7-20                    (B)  show the amount paid to players as winnings;
   7-21                    (C)  for each expense relating to casino gaming,
   7-22  show:
   7-23                          (i)  the complete name and address of the
   7-24  person paid;
   7-25                          (ii)  the amount of the expense; and
   7-26                          (iii)  the purpose of the expense; and
   7-27                    (D)  show the distribution of all net proceeds of
    8-1  casino gaming; and
    8-2              (2)  permit the appropriate prosecuting attorney to
    8-3  inspect the books and records at any reasonable time.
    8-4        (c)  In this section, "net proceeds of casino gaming" means
    8-5  the amount wagered by players, less the sum of:
    8-6              (1)  amounts paid to players as winnings; and
    8-7              (2)  the qualified organization's reasonable expenses
    8-8  for:
    8-9                    (A)  rental for the premises on which the casino
   8-10  gaming is conducted;
   8-11                    (B)  the purchase or rental of any equipment
   8-12  necessary to conduct casino gaming;
   8-13                    (C)  advertising of a casino gaming occasion;
   8-14                    (D)  security during a casino gaming occasion;
   8-15                    (E)  bookkeeping, legal, or accounting services
   8-16  related to casino gaming;
   8-17                    (F)  insurance related to a casino gaming
   8-18  occasion; and
   8-19                    (G)  janitorial services related to a casino
   8-20  gaming occasion.
   8-21        Sec. 8.  CERTAIN ACTS CONSIDERED ACTS OF ORGANIZATION.  For
   8-22  purposes of this article, an organization performs an act if a
   8-23  member, officer, or agent of the organization performs the act with
   8-24  the knowledge of the organization.
   8-25        Sec. 9.  OFFENSES; PENALTIES.  (a)  A person commits an
   8-26  offense if the person knowingly permits an individual that the
   8-27  person knows is younger than 21 years of age to participate in
    9-1  casino gaming authorized under this article.  An offense under this
    9-2  subsection is a Class A misdemeanor.
    9-3        (b)  An individual commits an offense if the individual
    9-4  participates in casino gaming authorized under this article and the
    9-5  individual is younger than 21 years of age at the time of
    9-6  participation.  An offense under this subsection is a Class C
    9-7  misdemeanor.
    9-8        (c)  A person commits an offense if the person knowingly:
    9-9              (1)  uses bogus or counterfeit chips, tokens, devices,
   9-10  or coins during a game;
   9-11              (2)  uses or is in possession of any device designed to
   9-12  facilitate cheating in a game; or
   9-13              (3)  uses any fraudulent scheme or technique in a game.
   9-14        (d)  An offense under Subsection (c) of this section is a
   9-15  Class B misdemeanor.
   9-16        (e)  A person commits an offense if the person, in a book or
   9-17  record required to be maintained by this article:
   9-18              (1)  knowingly makes a statement or entry that the
   9-19  person knows to be false or misleading; or
   9-20              (2)  fails to maintain or make an entry the person
   9-21  knows is required to be maintained or made.
   9-22        (f)  An offense under Subsection (e) of this section is a
   9-23  Class B misdemeanor.
   9-24        (g)  A person commits an offense if the person knowingly
   9-25  refuses to produce for inspection by the appropriate prosecuting
   9-26  attorney a book, record, or document required to be maintained or
   9-27  made by this article.  An offense under this subsection is a Class
   10-1  B misdemeanor.
   10-2        (h)  A person commits an offense if the person knowingly pays
   10-3  any portion of the amount wagered by players to a person other
   10-4  than:
   10-5              (1)  to a player as winnings;
   10-6              (2)  for a charitable purpose described in Section 7(a)
   10-7  of this article; or
   10-8              (3)  for an expense described in Section 7(c)(2) of
   10-9  this article.
  10-10        (i)  An offense under Subsection (h) of this section is a
  10-11  Class B misdemeanor, unless it is shown at the trial of the offense
  10-12  that the amount illegally paid is greater than $1,000 or the
  10-13  defendant has previously been convicted of an offense under
  10-14  Subsection (h) of this section, in which event the offense is a
  10-15  Class A misdemeanor.
  10-16        Sec. 10.  INJUNCTION OF UNAUTHORIZED CASINO GAMING.  (a)  A
  10-17  prosecuting attorney may bring an action in district court for a
  10-18  temporary or permanent injunction or a temporary restraining order
  10-19  prohibiting conduct involving casino gaming that:
  10-20              (1)  violates or threatens to violate this article or
  10-21  Chapter 47, Penal Code; and
  10-22              (2)  is not authorized by this article or other law.
  10-23        (b)  Venue for an action under this section is in the county
  10-24  in which:
  10-25              (1)  the conduct occurs;
  10-26              (2)  the proposed casino gaming occasion will occur; or
  10-27              (3)  any defendant resides.
   11-1        Sec. 11.  EXEMPTION FROM FEDERAL LAW.  A political
   11-2  subdivision holding a legalization election and approving casino
   11-3  gaming under this article is exempt from the provisions of 15
   11-4  U.S.C. Sec. 1172 relating to gambling devices transported into the
   11-5  political subdivision for use by a qualified organization in the
   11-6  political subdivision.
   11-7        Art. 179i.  GAMING ON INDIAN LANDS
   11-8        Sec. 1.  DEFINITIONS.  In this article:
   11-9              (1)  "Class III gaming" has the meaning assigned by
  11-10  Section 4, Indian Gaming Regulatory Act (25 U.S.C. Sec. 2703).
  11-11              (2)  "Indian lands" has the meaning assigned by Section
  11-12  4, Indian Gaming Regulatory Act (25 U.S.C. Sec. 2703).
  11-13              (3)  "Indian tribe" means:
  11-14                    (A)  the Alabama and Coushatta Indian tribes of
  11-15  Texas;
  11-16                    (B)  the Texas Band of Kickapoo Indians; or
  11-17                    (C)  the Ysleta del Sur Pueblo.
  11-18        Sec. 2.  NEGOTIATION OF TRIBAL-STATE COMPACT.  (a)  The
  11-19  governor may negotiate and enter into a tribal-state compact as
  11-20  provided by Section 11(d)(3), Indian Gaming Regulatory Act (25
  11-21  U.S.C.  Sec. 2710(d)(3)), with an Indian tribe that has adopted an
  11-22  ordinance or resolution authorizing Class III gaming activities on
  11-23  Indian lands, if the ordinance or resolution has been approved by
  11-24  the chairman of the National Indian Gaming Commission as provided
  11-25  by Section 11(d)(2), Indian Gaming Regulatory Act (25 U.S.C.
  11-26  Sec. 2710(d)(2)).
  11-27        (b)  In negotiating a tribal-state compact as provided by
   12-1  Subsection (a) of this section, the governor shall attempt to
   12-2  include provisions designed to ensure integrity, security, honesty,
   12-3  and fairness in the operation of Class III gaming activities.  A
   12-4  tribal-state compact may include provisions relating to:
   12-5              (1)  the application of civil and criminal laws of this
   12-6  state that are directly related to and necessary for the licensing
   12-7  or regulation of Class III gaming activities;
   12-8              (2)  the allocation of civil and criminal jurisdiction
   12-9  between the Indian tribe and this state for the enforcement of
  12-10  applicable laws and regulations;
  12-11              (3)  the assessment by this state of fees necessary to
  12-12  defray the cost of regulating the Class III gaming activities;
  12-13              (4)  taxation by the Indian tribe of the Class III
  12-14  gaming activities at a rate comparable to taxation by this state of
  12-15  comparable activity occurring in places other than on Indian lands;
  12-16              (5)  remedies for a breach of the compact;
  12-17              (6)  standards for the operation and maintenance of
  12-18  Class III gaming facilities; and
  12-19              (7)  any other matter directly related to the operation
  12-20  of Class III gaming activities.
  12-21        SECTION 2.  Section 47.02(c), Penal Code, is amended to read
  12-22  as follows:
  12-23        (c)  It is a defense to prosecution under this section that
  12-24  the actor reasonably believed that the conduct:
  12-25              (1)  was permitted under the Bingo Enabling Act
  12-26  (Article 179d, Vernon's Texas Civil Statutes);
  12-27              (2)  was permitted under the Charitable Raffle Enabling
   13-1  Act (Article 179f, Revised Statutes, as added by Chapter 957, Acts
   13-2  of the 71st Legislature, Regular Session, 1989); <or>
   13-3              (3)  consisted entirely of participation in the state
   13-4  lottery authorized by the State Lottery Act; or
   13-5              (4)  was permitted under Article 179h, Revised
   13-6  Statutes.
   13-7        SECTION 3.  Section 47.06, Penal Code, is amended by adding
   13-8  Subsection (h) to read as follows:
   13-9        (h)  It is a defense to prosecution for an offense under this
  13-10  section that the conduct was permitted under Article 179h, Revised
  13-11  Statutes.
  13-12        SECTION 4.  Chapter 47, Penal Code, is amended by adding
  13-13  Sections 47.15 and 47.16 to read as follows:
  13-14        Sec. 47.15.  CASINO GAMING CONDUCTED BY CHARITABLE
  13-15  ORGANIZATION.  It is a defense to prosecution for an offense under
  13-16  this chapter that the conduct was permitted under Article 179h,
  13-17  Revised Statutes.
  13-18        Sec. 47.16.  GAMBLING ON INDIAN LANDS.  (a)  A person commits
  13-19  an offense if the person intentionally or knowingly makes a bet on
  13-20  any game or contest held on any Indian lands located in this state.
  13-21        (b)  It is an exception to the application of this section
  13-22  that:
  13-23              (1)  the person is a member of an Indian tribe who
  13-24  lives on Indian lands located in this state;
  13-25              (2)  the bet is made in connection with a game or
  13-26  contest permitted under Section 11(a) or (b), Indian Gaming
  13-27  Regulatory Act (25 U.S.C.  Sec. 2710(a) or (b)); or
   14-1              (3)  the bet is made in connection with a game or
   14-2  contest permitted under a tribal-state compact adopted as provided
   14-3  by Article 179i, Revised Statutes.
   14-4        (c)  In this section:
   14-5              (1)  "Indian lands" has the meaning assigned by Section
   14-6  4, Indian Gaming Regulatory Act (25 U.S.C. Sec. 2703).
   14-7              (2)  "Indian tribe" has the meaning assigned by Section
   14-8  1, Article 179i, Revised Statutes.
   14-9        (d)  An offense under this section is a felony of the third
  14-10  degree.
  14-11        SECTION 5.  This Act takes effect January 1, 1994, but only
  14-12  if the constitutional amendment proposed by the 73rd Legislature,
  14-13  Regular Session, 1993, authorizing casino gaming by charitable
  14-14  organizations, is approved by the voters.  If the proposed
  14-15  constitutional amendment is not approved by the voters, this Act
  14-16  has no effect.
  14-17        SECTION 6.  The importance of this legislation and the
  14-18  crowded condition of the calendars in both houses create an
  14-19  emergency   and   an   imperative   public   necessity   that   the
  14-20  constitutional rule requiring bills to be read on three several
  14-21  days in each house be suspended, and this rule is hereby suspended.