HBA-EDN C.S.H.B. 514 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 514 By: Hinojosa Criminal Jurisprudence 3/4/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Indian tribes in Texas that have established gaming operations on their reservations have had success in generating revenue for tribes and the surrounding area's economy. Revenues generated by casinos have enabled tribes to pay off debts, provide housing and social services for tribe members, and reduce unemployment. Currently, federal law recognizes only certain Indian tribes in Texas that are allowed to conduct gaming operations. C.S.H.B. 514 provides a defense to prosecution for a gambling offense for any federally recognized Indian tribe that conducts gaming operations, permissible under the Indian Gaming Regulatory Act, on its tribal lands. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 514 amends the Penal Code to provide that it is a defense to prosecution for a gambling offense if the gambling or other gaming activity (gambling) is permitted under the federal Indian Gaming Regulatory Act. The bill provides that the gambling be conducted by a federally recognized Indian tribe or tribal organization and conducted on premises designated by the tribe for gambling on land that is recognized by the federal government as tribal land of that tribe on January 1, 1999. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original bill by changing the date from January 1, 2000 to January 1, 1999, for which it is a defense to prosecution if gambling is conducted on tribal land which is recognized by the federal government as tribal land by that date.