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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain gaming activity conducted by an |
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Indian tribe or tribal organization on tribal land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.09(a), Penal Code, is amended to read |
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as follows: |
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(a) It is a defense to prosecution under this chapter that |
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the conduct: |
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(1) was authorized under: |
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(A) Chapter 2001, Occupations Code; |
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(B) Chapter 2002, Occupations Code; or |
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(C) the Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes); |
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(2) consisted entirely of participation in gambling or |
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other gaming activity of a type that is or may be permitted under |
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the Indian Gaming Regulatory Act (25 U.S.C. Section 2701 et seq.), |
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without regard to whether the gambling or gaming activity is |
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conducted by an Indian tribe to which that Act applies, if the |
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gambling or gaming activity is conducted: |
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(A) by a federally recognized Indian tribe or |
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tribal organization as listed by the United States secretary of the |
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interior under 25 U.S.C. Section 479a-1, as amended, or under a |
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successor federal statute or regulation; and |
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(B) on premises designated by the tribe or tribal |
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organization for that gambling or other gaming activity on land |
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that is recognized as tribal land of that tribe or tribal |
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organization by the federal government on January 1, 1999; |
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(3) consisted entirely of participation in the state |
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lottery authorized by Chapter 466, Government Code; or |
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(4) [(3)] was a necessary incident to the operation of |
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the state lottery and was directly or indirectly authorized by: |
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(A) Chapter 466, Government Code; |
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(B) the lottery division of the Texas Lottery |
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Commission; |
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(C) the Texas Lottery Commission; or |
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(D) the director of the lottery division of the |
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Texas Lottery Commission. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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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. |