Bill Text: TX HJR129 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Proposing a constitutional amendment authorizing the Ysleta del Sur Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to conduct all forms of gaming on certain tribal land and requiring the tribes to annually pay five percent of net proceeds from gaming to the comptroller of public accounts for deposit in the general revenue fund.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2015-04-20 - Left pending in committee [HJR129 Detail]

Download: Texas-2015-HJR129-Introduced.html
  84R13278 YDB-F
 
  By: Thompson of Harris H.J.R. No. 129
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the Ysleta del Sur
  Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to conduct
  all forms of gaming on certain tribal land and requiring the tribes
  to annually pay five percent of net proceeds from gaming to the
  comptroller of public accounts for deposit in the general revenue
  fund.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 47(a), Article III, Texas Constitution,
  is amended to read as follows:
         (a)  The Legislature shall pass laws prohibiting lotteries
  and gift enterprises in this State other than those authorized by
  Subsections (b), (d), and (e) of this section and Section 47a of
  this article.
         SECTION 2.  Article III, Texas Constitution, is amended by
  adding Section 47a to read as follows:
         Sec. 47a.  (a)  This section and the Ysleta del Sur Pueblo and
  Alabama and Coushatta Indian Tribes of Texas Restoration Act (Pub.
  L. No. 100-89) do not prohibit the Ysleta del Sur Pueblo Tribe and
  Alabama-Coushatta Tribe of Texas from conducting all forms of
  gaming, including gambling, betting, lottery, and bingo, on land
  that is part of the tribe's reservation as that term is defined by
  25 U.S.C. Section 1300g(3) or 25 U.S.C. Section 731(3), as
  applicable, or prohibit the conduct of gaming on that land. This
  state does not have any civil or criminal regulatory jurisdiction
  over any form of gaming conducted by a tribe on that land, provided
  the tribe:
               (1)  submits the tribe's gaming ordinances under which
  the tribe will conduct gaming on that land to the assistant
  secretary for Indian affairs of the United States Department of the
  Interior and receives approval of the gaming ordinances from the
  assistant secretary;
               (2)  is under the regulatory jurisdiction of the United
  States Department of the Interior or another federal agency for all
  gaming activities conducted on that land; and
               (3)  annually pays to the comptroller of public
  accounts of this state for deposit in the general revenue fund an
  amount equal to five percent of the net proceeds the tribe receives
  from all gaming conducted on that land. 
         (b)  In this section, "net proceeds" means the amount of
  money remaining after deducting all expenses necessary to conduct
  gaming, manage the tribal gaming organization, and pay prizes,
  fees, and other related expenses.
         (c)  All shipments of gaming equipment or other gaming
  devices into, out of, or within this state authorized under this
  section or a law enacted under this section are legal shipments of
  the devices and are exempt from the provisions of 15 U.S.C. Sections
  1171-1178 prohibiting the transportation of gambling devices.
         (d)  It is a defense to prosecution under Chapter 47, Penal
  Code, or any subsequent amendment, revision, or recodification of
  that chapter, that the gaming was conducted on land of the Ysleta
  del Sur Pueblo Tribe or the Alabama-Coushatta Tribe of Texas as
  authorized under this section.
         SECTION 3.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a) This temporary provision applies
  to the constitutional amendment proposed by the 84th Legislature,
  Regular Session, 2015, authorizing the Ysleta del Sur Pueblo Tribe
  and the Alabama-Coushatta Tribe of Texas to conduct all forms of
  gaming on certain tribal land.
         (b)  Not later than June 1, 2017, the legislature by general
  law shall enact legislation to amend Chapter 47, Penal Code, to
  provide a defense to prosecution under that chapter for gaming
  conducted on land of the Ysleta del Sur Pueblo Tribe or the
  Alabama-Coushatta Tribe of Texas as authorized under Section 47,
  Article III, Texas Constitution.
         (c)  This temporary provision expires January 1, 2018.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 3, 2015.
  The ballot shall be printed to provide for voting for or against the
  proposition: "The constitutional amendment authorizing the Ysleta
  del Sur Pueblo Tribe and the Alabama-Coushatta Tribe of Texas to
  conduct all forms of gaming on certain tribal land and requiring the
  tribes to annually pay five percent of net proceeds from gaming to
  the comptroller of public accounts for deposit in the general
  revenue fund."
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