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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the Ysleta del Sur |
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Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to conduct |
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all forms of gaming on certain tribal land and requiring the tribes |
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to annually pay five percent of net proceeds from gaming to the |
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comptroller of public accounts for deposit in the general revenue |
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fund. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47(a), Article III, Texas Constitution, |
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is amended to 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) of this section and Section 47a of |
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this article. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 47a to read as follows: |
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Sec. 47a. (a) This section and the Ysleta del Sur Pueblo and |
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Alabama and Coushatta Indian Tribes of Texas Restoration Act (Pub. |
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L. No. 100-89) do not prohibit the Ysleta del Sur Pueblo Tribe and |
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Alabama-Coushatta Tribe of Texas from conducting all forms of |
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gaming, including gambling, betting, lottery, and bingo, on land |
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that is part of the tribe's reservation as that term is defined by |
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25 U.S.C. Section 1300g(3) or 25 U.S.C. Section 731(3), as |
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applicable, or prohibit the conduct of gaming on that land. This |
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state does not have any civil or criminal regulatory jurisdiction |
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over any form of gaming conducted by a tribe on that land, provided |
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the tribe: |
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(1) submits the tribe's gaming ordinances under which |
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the tribe will conduct gaming on that land to the assistant |
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secretary for Indian affairs of the United States Department of the |
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Interior and receives approval of the gaming ordinances from the |
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assistant secretary; |
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(2) is under the regulatory jurisdiction of the United |
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States Department of the Interior or another federal agency for all |
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gaming activities conducted on that land; and |
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(3) annually pays to the comptroller of public |
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accounts of this state for deposit in the general revenue fund an |
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amount equal to five percent of the net proceeds the tribe receives |
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from all gaming conducted on that land. |
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(b) In this section, "net proceeds" means the amount of |
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money remaining after deducting all expenses necessary to conduct |
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gaming, manage the tribal gaming organization, and pay prizes, |
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fees, and other related expenses. |
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(c) All shipments of gaming equipment or other gaming |
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devices into, out of, or within this state authorized under this |
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section or a law enacted under this section are legal shipments of |
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the devices and are exempt from the provisions of 15 U.S.C. Sections |
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1171-1178 prohibiting the transportation of gambling devices. |
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(d) It is a defense to prosecution under Chapter 47, Penal |
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Code, or any subsequent amendment, revision, or recodification of |
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that chapter, that the gaming was conducted on land of the Ysleta |
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del Sur Pueblo Tribe or the Alabama-Coushatta Tribe of Texas as |
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authorized under this section. |
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SECTION 3. The following temporary provision is added to |
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the Texas Constitution: |
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TEMPORARY PROVISION. (a) This temporary provision applies |
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to the constitutional amendment proposed by the 84th Legislature, |
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Regular Session, 2015, authorizing the Ysleta del Sur Pueblo Tribe |
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and the Alabama-Coushatta Tribe of Texas to conduct all forms of |
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gaming on certain tribal land. |
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(b) Not later than June 1, 2017, the legislature by general |
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law shall enact legislation to amend Chapter 47, Penal Code, to |
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provide a defense to prosecution under that chapter for gaming |
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conducted on land of the Ysleta del Sur Pueblo Tribe or the |
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Alabama-Coushatta Tribe of Texas as authorized under Section 47, |
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Article III, Texas Constitution. |
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(c) This temporary provision expires January 1, 2018. |
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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2015. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment authorizing the Ysleta |
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del Sur Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to |
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conduct all forms of gaming on certain tribal land and requiring the |
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tribes to annually pay five percent of net proceeds from gaming to |
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the comptroller of public accounts for deposit in the general |
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revenue fund." |