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A BILL TO BE ENTITLED
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AN ACT
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relating to certain gaming conducted in this state by federally |
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recognized Indian tribes on tribal land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 13, Occupations Code, is |
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amended by adding Chapter 2004 to read as follows: |
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CHAPTER 2004. CERTAIN GAMING BY FEDERALLY RECOGNIZED INDIAN TRIBES |
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Sec. 2004.001. DEFINITIONS. In this chapter: |
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(1) "Class II gaming" has the meaning assigned by |
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Section 4(7), Indian Gaming Regulatory Act (25 U.S.C. Section |
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2703(7)). |
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(2) "Indian tribe" means a federally recognized Indian |
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tribe or tribal organization that is included in the list published |
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by the United States secretary of the interior as required under 25 |
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U.S.C. Section 479a-1. |
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(3) "Tribal land" means Indian land held in trust for |
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an Indian tribe by the United States. |
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Sec. 2004.002. GAMING ON TRIBAL LANDS. (a) An Indian tribe |
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may conduct on its tribal land in accordance with Section 47(f), |
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Article III, Texas Constitution, federal law, and the rules of the |
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National Indian Gaming Commission: |
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(1) class II gaming; and |
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(2) any gaming authorized under the Texas Constitution |
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or state law and conducted by an individual, organization, group, |
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or entity in this state. |
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(b) A state law or rule governing the time, place, or manner |
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in which gaming activity described by Subsection (a)(2) may be |
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conducted does not apply to the conduct of that activity on tribal |
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lands. |
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SECTION 2. Section 47.02(c), Penal Code, is amended to read |
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as follows: |
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(c) It is a defense to prosecution under this section that |
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the actor reasonably believed that the conduct: |
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(1) was permitted under Chapter 2001, Occupations |
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Code; |
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(2) was permitted under Chapter 2002, Occupations |
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Code; |
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(3) was permitted under Chapter 2004, Occupations |
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Code; |
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(4) consisted entirely of participation in the state |
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lottery authorized by the State Lottery Act (Chapter 466, |
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Government Code); |
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(5) [(4)] was permitted under the Texas Racing Act |
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(Article 179e, Vernon's Texas Civil Statutes); or |
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(6) [(5)] consisted entirely of participation in a |
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drawing for the opportunity to participate in a hunting, fishing, |
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or other recreational event conducted by the Parks and Wildlife |
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Department. |
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SECTION 3. Section 47.06, Penal Code, is amended by adding |
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Subsection (f-1) to read as follows: |
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(f-1) It is a defense to prosecution under Subsection (a) or |
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(c) that the person owned, manufactured, transferred, or possessed |
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the equipment or paraphernalia related to the play of poker for the |
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sole purpose of shipping it to an establishment authorized to |
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conduct gaming under Chapter 2004, Occupations Code. |
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SECTION 4. 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) Chapter 2004, Occupations Code; or |
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(D) 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 the state |
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lottery authorized by Chapter 466, Government Code; or |
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(3) was a necessary incident to the operation of the |
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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 5. This Act takes effect December 15, 2013, but only |
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if the constitutional amendment authorizing the operation of |
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certain gaming in this state by federally recognized Indian tribes |
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on tribal land is approved by the voters. If that amendment is not |
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approved by the voters, this Act has no effect. |