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A JOINT RESOLUTION
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proposing a constitutional amendment to require the governor to |
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negotiate and execute gaming compacts with the Alabama-Coushatta |
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Tribe of Texas, the Kickapoo Traditional Tribe of Texas, and the |
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Ysleta del Sur Pueblo and to authorize those tribes to sue this |
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state if the governor fails to negotiate in good faith. |
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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), (d-1), and (e) of this section and Section 47a |
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of 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) In this section: |
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(1) "Class III gaming" means class III gaming: |
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(A) as defined by 25 U.S.C. Section 2703(8); and |
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(B) as prescribed by the regulations of the |
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National Indian Gaming Commission. |
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(2) "Federally recognized Indian tribe in this state" |
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means: |
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(A) the Alabama-Coushatta Tribe of Texas; |
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(B) the Kickapoo Traditional Tribe of Texas; or |
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(C) the Ysleta del Sur Pueblo. |
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(3) "Indian Gaming Regulatory Act" means the federal |
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Indian Gaming Regulatory Act (Pub. L. No. 100-497). |
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(4) "Indian lands" has the meaning assigned by 25 |
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U.S.C. Section 2703(4). |
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(b) At the request of a federally recognized Indian tribe in |
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this state, the governor shall negotiate in good faith a |
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Tribal-State compact with the requesting Indian tribe to govern |
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class III gaming activity conducted by the Indian tribe on Indian |
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lands under the Indian Gaming Regulatory Act. In negotiating the |
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Tribal-State compact, the governor is bound by 25 U.S.C. Section |
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2710(d). At the conclusion of negotiations, the governor and the |
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elected leader of the requesting Indian tribe shall execute the |
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Tribal-State compact and submit the compact to the United States |
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secretary of the interior for approval and publication in the |
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Federal Register. |
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(c) If the governor fails to negotiate a Tribal-State |
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compact under Subsection (b) of this section with a requesting |
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Indian tribe, the Indian tribe may seek relief as provided by 25 |
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U.S.C. Section 2710(d), including by suing the governor and the |
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state for failing to conduct negotiations in good faith as required |
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under Subsection (a) of this section and the Indian Gaming |
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Regulatory Act. |
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(d) The sovereign immunity of the state is waived for the |
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purpose of any legal proceeding relating to the governor's alleged |
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failure to negotiate in good faith under Subsection (b) of this |
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section or the Indian Gaming Regulatory Act. |
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(e) If either the Alabama-Coushatta Tribe of Texas or the |
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Ysleta del Sur Pueblo are not authorized to conduct gaming under the |
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Indian Gaming Regulatory Act at the time this amendment is approved |
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by a majority of the voters at an election called for that purpose, |
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that Indian tribe may offer any form of gaming authorized by this |
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amendment or any future amendment without being subject to or |
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complying with any gaming regulations prescribed by the state. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to require the governor |
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to negotiate and execute gaming compacts with the Alabama-Coushatta |
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Tribe of Texas, the Kickapoo Traditional Tribe of Texas, and the |
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Ysleta del Sur Pueblo and to authorize those tribes to sue this |
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state if the governor fails to negotiate in good faith." |