H.B. 809 78(R)    BILL ANALYSIS


H.B. 809
By: Keel
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The Texas Penal Code fails to address Native American sovereignty in
regard to gambling because our state's gambling prohibitions were enacted
prior to the current recognitions of Native American tribes and
boundaries, and prior to the current exceptions that Texas carved out for
itself to create games of prize, chance and consideration.  House Bill 809
would provide a defense to prosecution for gambling offenses limited to
the three recognized Native American tribes in Texas:  The Tiguas near El
Paso, the Alabama-Couhattas near Livingston in East Texas, and the
Kickapoos near Eagle Pass.  The defense to the gambling statues would not
be expanded beyond the actual sovereign territory the three tribes
inhabit, even if the tribes were to acquire private property elsewhere.    

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 809 amends the Penal Code to provide a defense to prosecution
for gambling offenses to the federally recognized Native American tribes
or tribal organizations in Texas. The defense would not be expanded beyond
the actual sovereign territory the tribes inhabit, even if the tribes were
to acquire private property elsewhere.    

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.