79R6673 MSE-F

By:  Keel                                                         H.B. No. 1417



A BILL TO BE ENTITLED

AN ACT

relating to authorizing 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.), 
without regard to whether the gambling or gaming activity is 
conducted by an Indian tribe to which that Act applies, if:
			(A)  the gambling or gaming activity is conducted:                    
				(i)  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
				(ii)  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; and
			(B)  the tribe or tribal organization:                                
				(i)  pays to the comptroller an assessment 
in an amount equal to 15 percent of the gross income of the gambling 
or gaming activity not later than the fifth day of the month 
following the month in which the income was received;
				(ii)  submits a request to the Department of 
Public Safety for criminal history record information on all 
management employees and employees with duties directly related to 
or directly involved in the gambling or gaming activity before, or 
within a reasonable time after, employment as established by the 
policy of the tribe or tribal organization;
				(iii)  has an annual independent financial 
audit of the tribe or tribal organization's gambling or gaming 
activity performed; and
				(iv)  makes the annual audits and all 
financial records related to the gambling or gaming activities 
available on request to the comptroller for inspection and copying;
		(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.  Subchapter F, Chapter 411, Government Code, is 
amended by adding Section 411.1081 to read as follows:
	Sec. 411.1081.  ACCESS TO CRIMINAL HISTORY INFORMATION: 
INDIAN TRIBE OR TRIBAL ORGANIZATION.  (a)  An Indian tribe or tribal 
organization described by Section 47.09(a)(2), Penal Code, is 
entitled to obtain from the department criminal history record 
information maintained by the department that relates to a person 
who is an applicant for employment by, or an employee of, a gaming 
or gambling facility owned by the tribe or tribal organization 
requesting the information.
	(b)  Notwithstanding Section 411.088, the department shall 
provide the criminal history record information without charge to 
the tribe or tribal organization.
	(c)  Criminal history record information obtained by the 
tribe or tribal organization under Subsection (a) may be disclosed 
by the tribe or tribal organization to a person associated with the 
tribe or tribal organization to operate or manage a gaming or 
gambling facility on behalf of the tribe or tribal organization.  
The information may not be released by the tribe or tribal 
organization or by a person associated with the tribe or tribal 
organization to any other person or agency except on court order or 
with the consent of the person who is the subject of the criminal 
history record information.
	SECTION 3.  (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 4.  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, 2005.