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                                  * * * * *