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78R2396 YDB-F


By:  Keel, Chavez, Hupp, Thompson, Hodge                          H.B. No. 809



A BILL TO BE ENTITLED

AN ACT

relating to certain gaming activity conducted by an Indian tribe or 
tribal organization.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 47.09(a), Penal Code, is amended to read 
as follows:     
	(a)  It is a defense to prosecution under this chapter that 
the conduct:     
		(1)  was authorized under:                                                    
			(A)  Chapter 2001, Occupations Code;                                         
			(B)  Chapter 2002, Occupations Code; or                                      
			(C)  the Texas Racing Act (Article 179e, Vernon's 
Texas Civil Statutes);   
		(2)  consisted entirely of participation in gambling or 
other gaming activity of a type that is or may be permitted under 
the Indian Gaming Regulatory Act (25 U.S.C. Section 2701 et seq.), 
as amended, without regard to whether the gambling or gaming 
activity is conducted by an Indian tribe to which that Act applies, 
if the gambling or gaming activity is conducted:
			(A)  by a federally recognized Indian tribe or 
tribal organization as listed by the United States secretary of the 
interior under 25 U.S.C. Section 479a-1 on January 1, 1998; and
			(B)  on premises designated by the tribe or tribal 
organization for that gambling or other gaming activity on land 
that is recognized as tribal land of that tribe or tribal 
organization by the federal government on January 1, 1998;
		(3)  consisted entirely of participation in the state 
lottery authorized by Chapter 466, Government Code; or
		(4) [(3)]  was a necessary incident to the operation of 
the state lottery and was directly or indirectly authorized by:
			(A)  Chapter 466, Government Code;                                           
			(B)  the lottery division of the Texas Lottery 
Commission;                 
			(C)  the Texas Lottery Commission; or                                        
			(D)  the director of the lottery division of the 
Texas Lottery Commission. 
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.  For the 
purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before that date.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.