BILL ANALYSIS

C.S.H.B. 4732

By: Gámez

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Lipan Apache Tribe of Texas is the present-day incarnation of a proud people who have lived in Texas and northern Mexico for more than 300 years. The bill author has informed the committee that the Lipan Apache Tribe of Texas received non-legal recognition from the State of Texas through concurrent resolutions in 2019, but the tribe has not yet gained federal recognition. C.S.H.B. 4732 seeks to strengthen the Lipan Apache Tribe of Texas' case for formal federal recognition by recognizing the tribe as a Native American Indian Tribe while prohibiting gaming on Lipan Apache Tribe lands.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 4732 amends the Government Code to designate and recognize the Lipan Apache Tribe of Texas as a Native American Indian Tribe exercising substantial governmental powers and duties. The bill establishes that the tribe is recognized as eligible for all programs, services, authorizations, including marketing and sales authorizations, and other benefits provided to state-recognized Native American Indian Tribes by the state or federal government or by any other state because of the tribe members' status as Native American Indians.

C.S.H.B. 4732 establishes that all gaming activities prohibited by state law are prohibited on the reservation and lands of the Lipan Apache Tribe of Texas. The bill makes a person who violates this provision liable for the same civil and criminal penalties provided by state law for engaging in the prohibited gaming activities.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4732 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute includes the following provisions absent from the introduced:

· a provision establishing that all gaming activities prohibited by state law are prohibited on the reservation and lands of the Lipan Apache Tribe of Texas; and

· a provision making a person who violates that provision liable for the same civil and criminal penalties provided by state law for engaging in the prohibited gaming activities.