HBA-EDN H.B. 2967 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2967
By: Yarbrough
Criminal Jurisprudence
3/23/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there are Indian tribes in Texas which conduct gaming operations
on tribal lands.  These gaming operations have been the subject of
controversy because many think that the operations are actually illegal
under current law.  The Indian tribes think that they have a right to
conduct these gaming operations since Texas does allow other forms of
legalized gambling, such as bingo, pull tabs, horse racing, dog racing, and
lottery scratch-off tickets.  House Bill 2967 provides that all gaming
operations allowed under the federal Indian Gaming Regulatory Act are
permitted in this state and prohibits tax dollars from being expended for
enforcement action against these activities.    

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

House Bill 2967 amends the Penal Code to provide that all gaming activity
permitted under the federal Indian Gaming Regulatory Act is permitted in
this state and does not violate any law of this state, including the Texas
Constitution.  The bill prohibits the attorney general, a prosecuting
attorney, an agent of the attorney general or a prosecuting attorney, or a
law enforcement officer from using any public funds to conduct an
enforcement action against such gaming activity.  

EFFECTIVE DATE

September 1, 2001.