| |
| |
|
|
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, 2007. |