1-1 By: Shapleigh, et al. S.B. No. 253
1-2 (In the Senate - Filed January 16, 2001; January 17, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 23, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 2; April 23, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 253 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a defense to certain gambling-related offenses for
1-11 gaming activity conducted by an Indian tribe.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 47.09, Penal Code, is
1-14 amended to read as follows:
1-15 (a) It is a defense to prosecution under this chapter that
1-16 the conduct:
1-17 (1) was authorized under:
1-18 (A) Chapter 2001, Occupations Code [the Bingo
1-19 Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];
1-20 (B) Chapter 2002, Occupations Code; or
1-21 (C) the Texas Racing Act (Article 179e, Vernon's
1-22 Texas Civil Statutes)[; or]
1-23 [(C) the Charitable Raffle Enabling Act (Article
1-24 179f, Revised Statutes)];
1-25 (2) consisted entirely of participation in gambling or
1-26 other gaming activity permitted under the Indian Gaming Regulatory
1-27 Act (25 U.S.C. Section 2701 et seq.), as amended, that is:
1-28 (A) conducted by a federally recognized Indian
1-29 tribe or tribal organization as listed by the United States
1-30 secretary of the interior under 25 U.S.C. Section 479a-1, as
1-31 amended, or as listed under a successor federal statute or
1-32 regulation; and
1-33 (B) conducted on premises designated by the
1-34 tribe or tribal organization for that gambling or other gaming
1-35 activity on land that was recognized as tribal land of that tribe
1-36 or tribal organization by the federal government on January 1,
1-37 1999;
1-38 (3) consisted entirely of participation in the state
1-39 lottery authorized by Chapter 466, Government Code; or
1-40 (4) [(3)] was a necessary incident to the operation of
1-41 the state lottery and was directly or indirectly authorized by:
1-42 (A) Chapter 466, Government Code;
1-43 (B) the lottery division of the Texas Lottery
1-44 Commission;
1-45 (C) the Texas Lottery Commission; or
1-46 (D) the director of the lottery division of the
1-47 Texas Lottery Commission.
1-48 SECTION 2. (a) The change in law made by this Act applies
1-49 only to an offense committed on or after the effective date of this
1-50 Act.
1-51 (b) An offense committed before the effective date of this
1-52 Act is covered by the law in effect when the offense was committed,
1-53 and the former law is continued in effect for that purpose. For
1-54 the purposes of this section, an offense is committed before the
1-55 effective date of this Act if any element of the offense occurs
1-56 before that date.
1-57 SECTION 3. This Act takes effect immediately if it receives
1-58 a vote of two-thirds of all the members elected to each house, as
1-59 provided by Section 39, Article III, Texas Constitution. If this
1-60 Act does not receive the vote necessary for immediate effect, this
1-61 Act takes effect September 1, 2001.
1-62 * * * * *