By Hinojosa, Keel, Chavez, Haggerty, Najera,           H.B. No. 514
         77R8037 GJH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a defense to certain gambling-related offenses for
 1-3     gaming activity conducted by an Indian tribe.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 47.09(a), Penal Code, is amended to read
 1-6     as follows:
 1-7           (a)  It is a defense to prosecution under this chapter that
 1-8     the conduct:
 1-9                 (1)  was authorized under:
1-10                       (A)  Chapter 2001, Occupations Code [the Bingo
1-11     Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];
1-12                       (B)  Chapter 2002, Occupations Code; or
1-13                       (C)  the Texas Racing Act (Article 179e, Vernon's
1-14     Texas Civil Statutes)[; or]
1-15                       [(C)  the Charitable Raffle Enabling Act (Article
1-16     179f, Revised Statutes)];
1-17                 (2)  consisted entirely of participation in gambling or
1-18     other gaming activity permitted under the Indian Gaming Regulatory
1-19     Act (25 U.S.C. Section 2701 et seq.), as amended, that is:
1-20                       (A)  conducted by a federally recognized Indian
1-21     tribe or tribal organization as listed by the United States
1-22     secretary of the interior under 25 U.S.C. Section 479a-1, as
1-23     amended, or as listed under a successor federal statute or
1-24     regulation; and
1-25                       (B)  conducted on premises designated by the
 2-1     tribe or tribal organization for that gambling or other gaming
 2-2     activity on land that is recognized as tribal land of that tribe or
 2-3     tribal organization by the federal government on January 1, 1999;
 2-4                 (3)  consisted entirely of participation in the state
 2-5     lottery authorized by Chapter 466, Government Code; or
 2-6                 (4) [(3)]  was a necessary incident to the operation of
 2-7     the state lottery and was directly or indirectly authorized by:
 2-8                       (A)  Chapter 466, Government Code;
 2-9                       (B)  the lottery division of the Texas Lottery
2-10     Commission;
2-11                       (C)  the Texas Lottery Commission; or
2-12                       (D)  the director of the lottery division of the
2-13     Texas Lottery Commission.
2-14           SECTION 2. (a)  The change in law made by this Act applies
2-15     only to an offense committed on or after the effective date of this
2-16     Act.
2-17           (b)  An offense committed before the effective date of this
2-18     Act is covered by the law in effect when the offense was committed,
2-19     and the former law is continued in effect for that purpose.  For
2-20     the purposes of this section, an offense is committed before the
2-21     effective date of this Act if any element of the offense occurs
2-22     before that date.
2-23           SECTION 3.  This Act takes effect immediately if it receives
2-24     a vote of two-thirds of all the members elected to each house, as
2-25     provided by Section 39, Article III, Texas Constitution.  If this
2-26     Act does not receive the vote necessary for immediate effect, this
2-27     Act takes effect September 1, 2001.