Amend CSSB 1863 by adding the following appropriately
numbered ARTICLE and renumbering subsequent ARTICLES of the bill
accordingly:
ARTICLE . AUTHORIZATION OF CERTAIN NONPROFIT ORGANIZATIONS TO
CONDUCT BINGO
SECTION 19.01. 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 19.02. Subchapter C, Chapter 2001, Occupations Code,
is amended by adding Section 2001.1015 to read as follows:
Sec. 2001.1015. CERTAIN TRIBAL ORGANIZATIONS EXEMPT FROM
REGULATORY JURISDICTION AND LICENSE REQUIREMENTS. (a) A nonprofit
organization in existence for at least 180 days 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 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.
(b) In accordance with Section 107(b), Ysleta del Sur Pueblo
and Alabama and Coushatta Indian Tribes of Texas Restoration Act
(25 U.S.C. Section 1300g-6), an organization described by
Subsection (a) may conduct bingo activities in accordance with the
tribe's rules adopted under Subsection (a) without submitting to
the regulatory jurisdiction, including licensing requirements, of
this state.
(c) A nonprofit organization described by Subsection (b) may
not conduct bingo under this section unless the organization
transfers to the state on a monthly basis an amount equal to five
percent of the gross receipts from bingo in a manner determined by
the comptroller.