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79S10316 EMT-F

By:  Shapleigh                                                    S.B. No. 76 



A BILL TO BE ENTITLED

AN ACT

relating to authorizing certain nonprofit organizations organized 
by recognized Indian tribes to conduct bingo.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2001.002(11), Occupations Code, is 
amended to read as follows:
		(11)  "Fraternal organization" means:                                         
			(A)  a nonprofit organization organized to 
perform and engaged primarily in performing charitable, 
benevolent, patriotic, employment-related, or educational 
functions that meet the other requirements of this chapter;  [or]
			(B)  a nonprofit National Historical District 
Association representing the owners and lessees of a majority of 
the real property located in a National Historical District 
designated for not less than five years by the National Register of 
Historic Places, Heritage Conservation and Recreation Service of 
the United States Department of the Interior, if the association's 
net proceeds are used for restoration, construction, maintenance, 
and security in the district.  The term "fraternal organization" 
does not include an organization whose members are predominantly 
veterans or dependents of veterans of the armed services of the 
United States; or
			(C)  a nonprofit organization that:                                   
				(i)  is organized under tribal law by a 
federally recognized Indian tribe that is not subject to the Indian 
Gaming Regulatory Act (18 U.S.C.  Section 1166 et seq. and 25 U.S.C.  
Section 2701 et seq.) and that exercises tribal authority over a 
reservation, as defined by 25 U.S.C. Section 1300g, that is located 
in a county on the international border with Mexico; and
				(ii)  is organized to perform and is engaged 
primarily in performing charitable, benevolent, patriotic, 
employment-related, or educational functions.
	SECTION 2.  Subchapter C, Chapter 2001, Occupations Code, is 
amended by adding Section 2001.1015 to read as follows:
	Sec. 2001.1015.  CONDUCT OF BINGO BY TRIBAL FRATERNAL 
ORGANIZATIONS.  (a)  A nonprofit organization that qualifies as a 
fraternal organization under Section 2001.002(11)(C) may conduct 
bingo on the reservation of the Indian tribe under whose tribal law 
the organization is organized:
		(1)  on adoption by the tribe of rules governing the 
conduct of bingo by the organization that conform to the 
substantive provisions of this chapter and of Sections 47(b) and 
(c), Article III, Texas Constitution; and
		(2)  in accordance with Section 107(b), Ysleta del Sur 
Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act 
(25 U.S.C.  Section 1300g-6).
	(b)  A tribal organization conducting bingo under this 
section shall: 
		(1)  collect from a person who wins a bingo prize a fee 
in the amount of five percent of the amount or value of the prize; 
and
		(2)  deliver the fee to the state in the manner 
prescribed by the comptroller for deposit to the credit of the 
foundation school fund.
	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 on the 91st day after the last day of the 
legislative session.