|
|
|
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 that: |
|
(A) is or may be permitted under the Indian |
|
Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 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; and |
|
(B) is conducted: |
|
(i) by an Indian tribe or tribal |
|
organization that was included on the January 30, 1998, list of |
|
recognized Indian tribes by the United States secretary of the |
|
interior as required under 25 U.S.C. Section 479a-1; and |
|
(ii) on premises designated by the tribe or |
|
tribal organization for that gambling or other gaming activity on |
|
land that was 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 Section 1 of 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 September 1, 2009. |