By: Rodriguez S.B. No. 1132
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain gaming conducted in this state by federally
  recognized Indian tribes on tribal land.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 13, Occupations Code, is
  amended by adding Chapter 2004 to read as follows:
  CHAPTER 2004. CERTAIN GAMING BY FEDERALLY RECOGNIZED INDIAN TRIBES
         Sec. 2004.001.  DEFINITIONS. In this chapter:
               (1)  "Class II gaming" has the meaning assigned by
  Section 4(7), Indian Gaming Regulatory Act (25 U.S.C. Section
  2703(7)).
               (2)  "Indian tribe" means a federally recognized Indian
  tribe or tribal organization that is included in the list published
  by the United States secretary of the interior as required under 25
  U.S.C. Section 479a-1.
               (3)  "Tribal land" means Indian land held in trust for
  an Indian tribe by the United States.
         Sec. 2004.002.  GAMING ON TRIBAL LANDS. (a) An Indian tribe
  may conduct on its tribal land in accordance with Section 47(f),
  Article III, Texas Constitution, federal law, and the rules of the
  National Indian Gaming Commission:
               (1)  class II gaming; and
               (2)  any gaming authorized under the Texas Constitution
  or state law and conducted by an individual, organization, group,
  or entity in this state.
         (b)  A state law or rule governing the time, place, or manner
  in which gaming activity described by Subsection (a)(2) may be
  conducted does not apply to the conduct of that activity on tribal
  lands.
         SECTION 2.  Section 47.02(c), Penal Code, is amended to read
  as follows:
         (c)  It is a defense to prosecution under this section that
  the actor reasonably believed that the conduct:
               (1)  was permitted under Chapter 2001, Occupations
  Code;
               (2)  was permitted under Chapter 2002, Occupations
  Code;
               (3)  was permitted under Chapter 2004, Occupations
  Code;
               (4)  consisted entirely of participation in the state
  lottery authorized by the State Lottery Act (Chapter 466,
  Government Code);
               (5) [(4)]  was permitted under the Texas Racing Act
  (Article 179e, Vernon's Texas Civil Statutes); or
               (6) [(5)]  consisted entirely of participation in a
  drawing for the opportunity to participate in a hunting, fishing,
  or other recreational event conducted by the Parks and Wildlife
  Department.
         SECTION 3.  Section 47.06, Penal Code, is amended by adding
  Subsection (f-1) to read as follows:
         (f-1)  It is a defense to prosecution under Subsection (a) or
  (c) that the person owned, manufactured, transferred, or possessed
  the equipment or paraphernalia related to the play of poker for the
  sole purpose of shipping it to an establishment authorized to
  conduct gaming under Chapter 2004, Occupations Code.
         SECTION 4.  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)  Chapter 2004, Occupations Code; or
                     (D)  the Texas Racing Act (Article 179e, Vernon's
  Texas Civil Statutes);
               (2)  consisted entirely of participation in the state
  lottery authorized by Chapter 466, Government Code; or
               (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 5.  This Act takes effect December 15, 2013, but only
  if the constitutional amendment authorizing the operation of
  certain gaming in this state by federally recognized Indian tribes
  on tribal land is approved by the voters. If that amendment is not
  approved by the voters, this Act has no effect.