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A JOINT RESOLUTION
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proposing a constitutional amendment providing that gambling or |
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other gaming activity by federally recognized Indian tribes on |
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tribal land is not prohibited by Texas law. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47, Article III, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsection (f) to |
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read as follows: |
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(a) The Legislature shall pass laws prohibiting lotteries |
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and gift enterprises in this State other than those authorized by |
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Subsections (b), (d), [and] (e), and (f) of this section. |
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(f) No law of this State, including Subsection (a) of this |
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section, may be applied or construed to: |
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(1) prohibit or prevent the Ysleta del Sur Pueblo, a |
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federally recognized Indian tribe from conducting any type of |
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gambling or other gaming activity on the tribe's federally |
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recognized tribal land in El Paso County, Texas or prohibit or |
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prevent the Alabama-Coushatta Tribe, a federally recognized Indian |
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tribe from conducting any type of gambling or other gaming activity |
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on the tribe's federally recognized tribal land in Polk County, |
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Texas; or |
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(2) serve as the basis of any criminal or civil action |
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in State or federal court that prohibits, prevents, punishes, or |
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imposes a sanction on conduct described by Subdivision (1) of this |
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subsection. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment providing that |
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gambling and other gaming activity by certain federally recognized |
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Indian tribes on federally recognized tribal land in El Paso County |
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and in Polk County is not prohibited by Texas law." |