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.