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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of federally recognized Indian tribes |
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along the Texas-Mexico border to engage in bingo. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2001.002(11), Occupations Code, is |
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amended to read as follows: |
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(11) "Fraternal organization" means: |
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(A) a nonprofit organization organized to |
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perform and engaged primarily in performing charitable, |
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benevolent, patriotic, employment-related, or educational |
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functions that meet the other requirements of this chapter; [or] |
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(B) a nonprofit National Historical District |
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Association representing the owners and lessees of a majority of |
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the real property located in a National Historical District |
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designated for not less than five years by the National Register of |
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Historic Places, Heritage Conservation and Recreation Service of |
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the United States Department of the Interior, if the association's |
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net proceeds are used for restoration, construction, maintenance, |
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and security in the district. The term "fraternal organization" |
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does not include an organization whose members are predominantly |
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veterans or dependents of veterans of the armed services of the |
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United States; or |
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(C) a nonprofit organization that: |
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(i) is organized under tribal law by a |
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federally recognized Indian tribe that is not subject to the Indian |
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Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 25 U.S.C. |
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Section 2701 et seq.) and that exercises tribal authority over a |
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reservation, as defined by 25 U.S.C. Section 1300g, that is located |
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in a county on the international border with Mexico; and |
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(ii) is organized to perform and is engaged |
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primarily in performing charitable, benevolent, patriotic, |
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employment-related, or educational functions. |
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SECTION 2. Subchapter C, Chapter 2001, Occupations Code, is |
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amended by adding Section 2001.1015 to read as follows: |
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Sec. 2001.1015. CHARITABLE BINGO BY TRIBAL FRATERNAL |
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ORGANIZATION. (a) A nonprofit organization in existence for at |
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least 180 days that qualifies as a fraternal organization under |
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Section 2001.002(11)(C) may conduct bingo on the reservation of the |
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Indian tribe under whose tribal law the organization is organized |
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on adoption by the tribe of rules governing the conduct of bingo by |
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the organization that conform to the substantive provisions of this |
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chapter and of Sections 47(b) and (c), Article III, Texas |
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Constitution. |
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(b) In accordance with Section 107(b), Ysleta del Sur Pueblo |
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and Alabama-Coushatta Indian Tribes of Texas Restoration Act (25 |
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U.S.C. Section 1300g-6), an organization described by Subsection |
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(a) may conduct bingo activities in accordance with the tribe's |
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rules adopted under Subsection (a) without submitting to the |
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regulatory jurisdiction, including licensing requirements, of this |
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state. |
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(c) A nonprofit organization may not conduct bingo under |
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this section unless the organization transfers to this state on a |
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monthly basis an amount equal to five percent of the organization's |
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gross receipts from bingo in the manner prescribed by the |
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comptroller. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |