84R7511 DDT-F
	By: Nevárez	H.J.R. No. 22

	A JOINT RESOLUTION
	proposing a constitutional amendment to authorize the Kickapoo
	Traditional Tribe of Texas to conduct gaming by executing a gaming
	agreement with this state; providing for licensing of persons under
	the agreement; limiting certain taxes and fees.
	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)  The chairman of the federally recognized
	Kickapoo Traditional Tribe of Texas may execute a gaming agreement
	containing the terms set forth in Subsection (c) of this section on
	receipt of a duly enacted resolution of the governing body of the
	tribe authorizing the chairman to execute the agreement and on
	provision of a copy of the resolution to the governor. The governor
	or this state is not required to take any further action before the
	gaming agreement becomes effective. The executed gaming agreement
	constitutes a gaming compact between this state and the Tribe for
	purposes of the federal Indian Gaming Regulatory Act (Pub. L. No.
	100-497). The Tribe is responsible for:
	(1)  providing a copy of the executed agreement to the
	governor; and
	(2)  submitting a copy of the executed agreement to the
	United States Secretary of the Interior for approval and
	publication in the Federal Register.
	(b)  If, after January 1, 2015, video lottery terminals, slot
	machines, or other forms of gaming are authorized under state law
	within 200 nautical miles of the boundary of the Kickapoo
	Traditional Tribe's reservation near Eagle Pass, Texas, the Tribe
	is authorized to offer the same types of games or devices as
	authorized under the other forms of gaming at a location designated
	by the Tribe.  The number of games or devices authorized at the
	location is equal to the maximum number of games or devices
	authorized under state law for other gaming locations. The
	location must be on land owned or leased by the Tribe that is within
	300 nautical miles of the boundary of the Kickapoo Traditional
	Tribe's reservation but may not be within 30 nautical miles of a
	licensed horse or greyhound racetrack in operation on the effective
	date of the agreement executed under Subsection (a) of this
	section. The gaming authorized under this subsection shall be
	regulated by the Tribe and the Secretary of State. A rule on gaming
	conducted by the Tribe that is adopted by the Secretary of State may
	not be more restrictive than a rule applicable to other comparable
	gaming licensed by this state.  A tax or fee may not be imposed on
	the Tribe in an amount that exceeds the amount of a tax or fee
	imposed on the operators of other gaming locations or facilities in
	this state.
	(c)  A gaming agreement executed under Subsection (a) of this
	section must be in the form and contain the provisions as follows:
	GAMING AGREEMENT BETWEEN THE KICKAPOO TRADITIONAL TRIBE OF TEXAS
	AND THE STATE OF TEXAS
	This Agreement is entered into between the Kickapoo
	Traditional Tribe of Texas, a federally recognized Indian Tribe
	("Tribe"), and the State of Texas ("State"), with respect to the
	operation of covered games (as defined herein) on the Tribe's
	Indian lands as defined by Section 4(4), Indian Gaming Regulatory
	Act (25 U.S.C. Section 2703(4)).
	PART I.  TITLE
	This document shall be referred to as "The Kickapoo
	Traditional Tribe of Texas and State of Texas Gaming Agreement."
	PART II.  RECITALS
	1.  The Tribe is a federally recognized tribal government
	with sovereign powers and rights of self-government. The Tribe is
	the only tribe in the State with gaming rights under the federal
	Indian Gaming Regulatory Act (Pub. L. No. 100-497).
	2.  The State is a state of the United States possessing the
	sovereign powers and rights of a state.
	3.  The State and the Tribe maintain a
	government-to-government relationship, and this agreement will
	foster mutual respect and understanding between Indians and
	non-Indians.
	4.  The Tribe and the State jointly intend to protect the
	integrity of gaming regulated under this agreement.
	5.  The gaming under this agreement will further the purposes
	of the Indian Gaming Regulatory Act (Pub. L. No. 100-497) to promote
	tribal economic development, self-sufficiency, and strong tribal
	government, and will assist the Tribe in funding tribal programs
	that provide needed services to the Tribe's  members.
	PART III.  DEFINITIONS
	In this compact:
	A.  "Class III gaming" means the forms of Class III
	gaming defined in Section 4(8), Indian Gaming Regulatory Act (25
	U.S.C. Section 2703(8)) and by the regulations of the National
	Indian Gaming Commission.
	B.  "Commission" means the Kickapoo Traditional Tribe
	of Texas Tribal Gaming Commission, which is the tribal governmental
	agency that has the authority to carry out the Tribe's regulatory
	and oversight responsibilities under this compact.
	C.  "Compact" means this gaming agreement between the
	Kickapoo Traditional Tribe of Texas and the State of Texas.
	D.  "Covered game" or "covered gaming activity" means
	Class III gaming activities determined to be available to the Tribe
	by the United States Department of the Interior, video lottery
	terminals, and any game of chance authorized by State law for any
	person after the effective date of this compact.
	E.  "Covered game employee" or "covered employee" means
	an individual employed and licensed by the Tribe whose
	responsibilities include providing services related to the
	operation, maintenance, or management of covered games.  The term
	includes:
	1.  managers and assistant managers;
	2.  accounting personnel;
	3.  commission officers;
	4.  surveillance and security personnel;
	5.  cashiers, supervisors, and floor personnel;
	6.  cage personnel; and
	7.  any other employee whose employment duties
	require or authorize access to areas of a facility related to the
	conduct of a covered game or the technical support or storage of a
	covered game component.
	"Covered game employee" or "covered employee" does not
	include an elected official of the Tribe who is not directly
	involved in the operation, maintenance, or management of a covered
	game or covered game component.
	F.  "Document" means a book, a record, an electronic,
	magnetic, or computer media document, or another writing or
	material.  The term includes a copy of any of those documents and
	information contained in the document.
	G.  "Effective date" means the date on which the
	compact becomes effective under Part XV.A. of this compact.
	H.  "Facility" or "facilities" means a building of the
	Tribe in which a covered game authorized by this compact is
	conducted on the Tribe's Indian lands as defined by the Indian
	Gaming Regulatory Act (Pub. L. No. 100-497). Subject to the terms
	of this compact, the Tribe has the ultimate responsibility for
	ensuring that the operation of each facility conforms to the
	requirements of this compact.
	I.  "IGRA" means the Indian Gaming Regulatory Act (Pub.
	L. No. 100-497).
	J.  "Net win" means the total receipts, not including
	free or promotional credits issued by the Tribe, from the play of
	all covered games less all prize payouts and participation fees.
	K.  "Participation fee" means a payment made by the
	Tribe to a supplier on a periodic basis for the right to lease or
	otherwise offer for play a gaming device that the Tribe does not own
	for a covered gaming activity. A participation fee may be a royalty
	payment or lease payment. The Tribe acknowledges that the Tribe did
	not hold an interest in a company that supplies a gaming device on
	the date this compact was executed.  If the Tribe acquires an
	interest in a company that supplies gaming devices, the Tribe may
	not deduct from the net win a participation fee for the supplier in
	which the Tribe has acquired an interest.
	L.  "Patron" means a person who is on the premises of a
	facility or who is entering the Tribe's Indian lands for the purpose
	of playing a covered game authorized by this compact.
	M.  "Rules" means rules adopted by the commission to
	implement this compact.
	N.  "State" means the State of Texas.
	O.  "State compliance agency" ("SCA") means the office
	of the Secretary of State or another agency authorized by the
	legislature to carry out the State's oversight responsibilities
	under this compact.
	P.  "Tribe" means the Kickapoo Traditional Tribe of
	Texas.
	Q.  "Video lottery terminal" means an electronic game
	of chance connected to a centralized computer system operated by
	the Tribe.
	PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES
	The Tribe and State agree that the Tribe is authorized to
	operate covered games on the Tribe's Indian lands, as defined in the
	IGRA, in accordance with the provisions of this compact.
	PART V.  RULES; MINIMUM REQUIREMENTS
	A.  During the term of this compact, the Tribe is responsible
	for all duties assigned to the Tribe and the commission under this
	compact. The Tribe shall adopt any rules necessary to implement
	this compact. Nothing in this compact may be construed to affect
	the Tribe's right to amend the Tribe's rules, provided the amendment
	is in conformity with this compact. The SCA may propose to the
	commission additional rules consistent with the implementation of
	this compact, and the commission shall in good faith consider the
	proposal and notify the SCA of the Tribe's response or action in
	regard to the proposal.
	B.  All facilities must comply with and all covered games
	must be operated in accordance with this compact. All facilities
	must be operated in strict compliance with tribal internal control
	standards that must provide a level of control that equals or
	exceeds the standards in the National Indian Gaming Commission's
	Minimum Internal Control Standards (25 C.F.R. Part 542), as the
	standards existed on the effective date of this compact, regardless
	of whether the standards are subsequently repealed or replaced.
	C.  The Tribe agrees to maintain the following safeguards
	against problem gambling:
	1.  The Tribe will provide a comprehensive training
	program to all gaming employees.
	2.  The Tribe will make available to patrons printed
	materials that include contact information for organizations
	dedicated to assisting problem gamblers.
	3.  The commission shall establish a list of the
	patrons voluntarily excluded from the Tribe's facilities under Part
	V.C.5. of this compact.
	4.  The Tribe shall employ its best efforts to exclude
	patrons on the list maintained under Part V.C.3. of this compact.
	This compact does not create a cause of action against the State,
	the Tribe, the commission, or any other person, entity, or agency
	for failing to exclude a patron on the list established under Part
	V.C.3. of this compact.
	5.  A patron who believes the patron may be playing a
	covered game on a compulsive basis may request that the patron's
	name be placed on the list of patrons voluntarily excluded from the
	Tribe's facilities.
	6.  All covered game employees shall receive training
	to identify a patron who may have a problem with compulsive gambling
	and instruct the patron to leave. Signs bearing a toll-free help
	line number and educational and informational materials must be
	made available at conspicuous locations and ATMs in each facility.
	The signs must be designed in a manner that is aimed at preventing
	problem gaming and that specifies where patrons may receive
	counseling or assistance for gambling problems. Nothing in this
	Part creates a cause of action or claim against the State, the
	Tribe, the commission, or any other person, entity, or agency for
	failing to identify a patron or person who is a compulsive gambler
	or asking that person to leave.
	7.  The Tribe shall make diligent efforts to prevent an
	underage individual from loitering in the area of each facility
	where a covered game is conducted.
	8.  The Tribe shall assure that advertising and
	marketing of the covered games at the facilities contain a
	responsible gambling message and a toll-free help line number for
	problem gamblers where practical and that the advertising and
	marketing messages do not make any false or misleading claims.
	D.  The State may secure an annual independent financial
	audit of the conduct of covered games subject to this compact.  The
	audit must examine revenues from the conduct of a covered game and
	must verify the determination of net win and the basis of, and right
	to, the payments made to the State pursuant to Part XI of this
	compact and as defined by this compact.  A copy of the audit report
	for the conduct of a covered game must be submitted to the
	commission not later than the 30th day after the date an audit is
	completed.  A representative of the SCA may, on request, meet with
	the Tribe and the Tribe's auditors to discuss an audit or matter in
	connection with the audit, provided the discussions are limited to
	covered games information.  The annual independent financial audit
	must be performed by an independent accounting firm with experience
	in auditing casino operations, selected by the State and subject to
	the Tribe's consent, which may not be unreasonably withheld.  The
	Tribe shall pay the accounting firm for the costs of the annual
	independent financial audit if the Tribe is found not to be in
	compliance with this compact.
	E.  A summary of the rules for playing covered games must be
	displayed in a facility. A complete set of rules must be available
	at a facility and provided to a person on request. A copy of the
	rules must be provided to the SCA not later than the 30th day after
	the date the rules are issued or amended.
	F.  The Tribe shall provide the commission and SCA with a
	chart of the supervisory authority of individuals directly
	responsible for the conduct of covered games, and shall promptly
	notify the commission and the SCA of any material change to the
	supervisory authority.
	G.  The Tribe shall continue to maintain a proactive approach
	to prevent improper alcohol sales, drunk driving, underage
	drinking, and underage gambling that involves extensive staff
	training and certification, patron education, and the use of
	security personnel and surveillance equipment to enhance patrons'
	enjoyment of the facilities and provide for patron safety. Staff
	training must include specialized employee training in nonviolent
	crisis intervention, driver's license verification, and the
	detection of intoxication. Patron education may be accomplished by
	printing a notice on a valet parking stub, posting a sign in the
	facilities, and publishing brochures. The facilities must have
	roving and fixed security officers, along with surveillance
	cameras, to assist in the detection of intoxicated patrons,
	investigate problems, and engage patrons to de-escalate volatile
	situations. This Part does not create a cause of action or claim
	against the State, the Tribe, the commission, or any other person,
	entity, or agency for failing to fulfill a requirement of this Part.
	H.  A person under 21 years of age may not play a covered game
	unless state law authorizes the play of the same or similar games by
	persons under 21 years of age at locations under the state's
	jurisdiction.
	I.  The Tribe and the commission shall make available a copy
	of the following documents to any member of the public on request:
	1.  the Tribal gaming ordinance;
	2.  this compact;
	3.  the rules of each covered game operated by the
	Tribe; and
	4.  the administrative procedures for addressing
	patron tort claims under Part VI of this compact.
	PART VI. PATRON DISPUTES, TORT CLAIMS; PRIZE CLAIMS; LIMITED
	CONSENT TO SUIT
	A.  All patron disputes shall be resolved under the
	procedures established by Section 113 of the Tribe's Gaming
	Ordinance.
	B.  The Tribe shall ensure that a patron of a facility is
	afforded due process in seeking and receiving just and reasonable
	compensation for a tort claim for personal injury or property
	damage against a facility arising out of an incident occurring at a
	facility. During the term of this compact, the Tribe shall maintain
	public liability insurance for the express purposes of providing
	coverage for a tort claim. The insurance must have liability limits
	of not less than $250,000 for any one person and $500,000 for any
	one occurrence for personal injury, and $100,000 for any one
	occurrence for property damage, or the corresponding limits under
	Section 101.023(a), Texas Civil Practice and Remedies Code,
	whichever is greater. A tort claim, including a claim for
	compensatory and punitive damages, costs, prejudgment interest,
	and attorney's fees arising out of any claim brought or asserted
	against the Tribe, its subordinate governmental and economic units,
	and any Tribal officials, employees, servants, or agents in their
	official capacities, may not be paid in an amount that exceeds the
	limits of liability of insurance.
	C.  The Tribe shall ensure that patrons of a facility are
	afforded due process in seeking and receiving just and reasonable
	compensation arising from a patron's dispute, in connection with
	the patron's play of a covered game, the amount of a prize that has
	been awarded, the failure to award a prize, or the right to receive
	a refund.
	PART VII. ENFORCEMENT OF COMPACT PROVISIONS
	A.  The Tribe and the commission are responsible for
	regulating activities under this compact. The Tribe shall adopt or
	issue standards designed to ensure that the facilities are
	constructed, operated, and maintained to adequately protect the
	environment and public health and safety.
	B.  A commission compliance officer shall be available to a
	facility during operation on reasonable notice and shall have
	immediate and complete access to a facility to ensure compliance
	with this compact. The commission shall investigate a suspected or
	reported violation of this part of this compact and shall timely
	file an official written report of the investigation and action
	taken on the violation, and shall send a copy of the investigative
	report to the SCA not later than the 30th day after the date the
	commission files the report. The scope of the report must be
	determined by a memorandum of understanding between the commission
	and the SCA as soon as practicable after the effective date of this
	compact.  A violation must be reported immediately to the
	commission, and the commission shall immediately forward the
	violation to the SCA. In addition, the commission shall promptly
	report to the SCA a violation which the commission independently
	discovers.
	C.  Representatives of the commission and the SCA shall meet
	at least once each year to review past practices and examine methods
	to improve the regulatory scheme created by this compact. The
	meetings shall take place at a location agreed to by the commission
	and the SCA. The SCA, before or during a meeting, shall disclose to
	the commission any concerns, suspected activities, or pending
	matters reasonably believed to constitute a violation of this
	compact by any person, organization, or entity, if the disclosure
	will not compromise the interest sought to be protected.
	PART VIII. STATE MONITORING OF COMPACT
	A.  The SCA may, under this compact, monitor the conduct of a
	covered game to ensure that a covered game is conducted in
	compliance with this compact. In order to properly monitor the
	conduct of a covered game, an agent of the SCA may have, without
	prior notice, reasonable access to all public areas of a facility
	where a covered game is conducted under this compact. An SCA agent
	must report to a commission officer immediately on arrival at the
	facility.  An SCA agent may not enter a nonpublic area of a facility
	without giving the commission notice of the agent's arrival 24
	hours before the hour of the agent's arrival and, on arrival,
	providing proper photographic identification. A commission
	officer shall accompany an SCA agent in a nonpublic area of a
	facility.
	B.  Subject to this compact, an SCA agent has the right to
	review and request a copy of a document of the facility related to
	the conduct of a covered game. The review and copying of the
	document must be during normal business hours unless otherwise
	allowed by the Tribe at the Tribe's discretion. The Tribe may not
	refuse an inspection or request to copy a document, provided that an
	agent cannot require copies of documents in a volume that
	unreasonably interferes with the normal functioning of the facility
	or a covered game.
	C.  After an SCA inspection or investigation, the SCA shall
	send to the commission a written report of the inspection or
	investigation that contains all pertinent, nonconfidential,
	nonproprietary information about a violation of an applicable law
	or this compact discovered during an inspection or investigation
	unless disclosure of the information would adversely affect an
	investigation of suspected criminal activity. This compact does
	not prevent the SCA from contacting a tribal or federal law
	enforcement authority about suspected criminal wrongdoing
	involving the commission.
	D.  This compact does not authorize the State to regulate the
	Tribe's government or the commission or to interfere with the
	Tribe's selection of the Tribe's governmental officers or members
	of the commission.
	PART IX.  JURISDICTION
	The obligations and rights of the State and the Tribe under
	this compact are contractual in nature, and this compact does not
	alter tribal, federal, or state civil or criminal jurisdiction.
	PART X.  LICENSING
	The Tribe and the commission shall comply with the licensing
	and hearing requirements in 25 C.F.R. Part 556 and Part 558 and
	applicable licensing requirements in the Tribe's Gaming Ordinance.
	PART XI.  PAYMENTS TO THE STATE OF TEXAS
	A.  The parties acknowledge and recognize that this compact
	provides the Tribe with substantial exclusivity and, consistent
	with the goals of the IGRA, special opportunities for tribal
	economic opportunity through covered gaming activity in the State.
	In consideration of the substantial exclusivity, only while the
	State does not, after January 1, 2015, authorize or allow the
	operation of any additional form of gaming, including slot
	machines, video lottery terminals, video pull-tab games,
	electronic bingo, banked and banking card games, or another type of
	table gaming game, within 200 nautical miles of the boundary of the
	Tribe's reservation, the Tribe agrees to pay the State a percentage
	of the revenue derived from covered game revenues in an amount equal
	to three percent of the net win received by the Tribe in a calendar
	year from the play of Class III covered games.  The amount is due and
	payable not later than the 20th day after the last date of the
	preceding quarter for the revenue received by the Tribe in the
	preceding quarter.
	B.  Payment of revenue due under Part XI.A of this compact
	must be made to the comptroller of public accounts of the State.
	Nothing in this compact allocates the revenue to a particular State
	purpose, including regulatory responsibilities under this compact.
	C.  This compact does not authorize the State to impose any
	tax, fee, charge, or assessment on the Tribe or an enterprise of the
	Tribe.
	PART XII.  DISPUTE RESOLUTION
	A dispute under this compact, including a dispute over
	compliance with or the interpretation of the terms of this compact,
	must be resolved amicably and voluntarily when possible. In
	pursuit of this goal, the following procedures may be invoked:
	A.  A party asserting noncompliance or seeking an
	interpretation of this compact first shall serve written notice on
	the other party. The notice must identify the provision alleged to
	have been violated or in dispute and must specify in detail the
	factual basis for the claim. Representatives of the Tribe and State
	shall meet in an effort to resolve the dispute not later than the
	30th day after the date of receipt of notice unless the parties
	agree to extend the time.
	B.  A party asserting noncompliance or seeking an
	interpretation of this compact is considered to have certified that
	to the best of the party's knowledge, information, and belief,
	formed after reasonable inquiry, the claim of noncompliance or the
	request for interpretation of this compact is warranted and made in
	good faith and not for any improper purpose, such as to harass or to
	cause unnecessary delay or expense to resolve the dispute.
	C.  If the parties are unable to resolve a dispute
	through the process specified in Part XII.A of this compact, either
	party can call for mediation under the Commercial Mediation Rules
	and Procedures of the American Arbitration Association (AAA) or any
	such successor procedures, provided that the mediation does not
	last more than 15 calendar days unless the parties agree to an
	extension to this time limit. Mediation is only available for
	resolving disputes over matters arising under this compact.
	D.  If the parties are unable to resolve a dispute
	through the process under Parts XII.A and XII.C of this compact,
	notwithstanding any other provision of law, the State or Tribe may
	bring an action in federal district court ("federal court")
	regarding any dispute arising under this compact in a district in
	which the federal court has venue. If the federal court declines to
	exercise jurisdiction, or federal precedent exists that rules that
	the federal court does not have jurisdiction over the dispute, the
	State or the Tribe may bring the action in state court. The State
	and the Tribe are entitled to all rights of appeal permitted by law
	in the court system in which the action is brought.
	E.  For purposes of an action based solely on a dispute
	between the State and the Tribe that arises under this compact and
	the enforcement of any judgment resulting from the action, the
	State and the Tribe expressly waive the right to assert sovereign
	immunity from suit and from enforcement of any judgment, and
	consent to be sued in all levels of federal or state court, provided
	that:
	1.  the dispute is limited solely to issues
	arising under this compact;
	2.  the action does not include a claim for
	monetary damages, other than payment of any money required by the
	terms of this compact, and injunctive relief or specific
	performance enforcing a provision of this compact requiring the
	payment of money to the State may be sought; and
	3.  nothing in this compact may be construed to
	constitute a waiver of the sovereign immunity of the State or the
	Tribe with respect to a third party that is made a party or
	intervenes as a party in an action.
	F.  In the event that intervention, joinder, or other
	participation by a third party in any action between the State and
	the Tribe would result in the waiver of the State's or the Tribe's
	sovereign immunity to the third party's claim, the waiver of the
	State or the Tribe under this compact may be revoked.
	G.  The State may pursue any mediation or judicial
	remedy against the Tribe if the State failed to exhaust Tribal
	administrative remedies.
	H.  Notwithstanding anything to the contrary in this
	part, the Tribe's failure to remit a payment under this compact
	entitles the State to seek injunctive relief in federal or state
	court, at the State's sole discretion, to compel the payments after
	exhausting the dispute resolution process in Part XII of this
	compact.
	PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL
	A.  Each provision, section, and subsection of this compact
	shall stand separate and independent of every other provision. If a
	federal district court in Texas or other court of competent
	jurisdiction finds a provision of this compact to be invalid, the
	remaining provisions of this compact remain in full force and
	effect, provided that severing the invalidated provision does not
	undermine the overall intent of the parties in entering into this
	compact.
	B.  This compact is intended to meet the requirements of the
	IGRA on the effective date of this compact, and where reference is
	made to the IGRA, or to an implementing regulation of the IGRA, the
	reference is considered to be incorporated into this document as if
	set in full. Changes to the IGRA after the effective date of this
	compact that diminish the rights of the State or Tribe may not be
	applied to alter the terms of this compact, except to the extent
	that federal law mandates that retroactive application without the
	respective consent of the State or Tribe.
	C.  The presence or absence of language in this compact that
	is present in or absent from another compact between a state and
	another Indian tribe may not be a factor in construing the terms of
	this compact.
	D.  Each party shall defend the validity of this compact.
	E.  On execution of this compact, the Tribe shall submit the
	compact to the United States Secretary of the Interior, and the
	parties shall cooperate in seeking the Secretary's approval of this
	compact.
	F.  Nothing in this compact may be construed to limit,
	restrict, or regulate the Tribe's right to offer Class I and Class
	II gaming as authorized under the IGRA.
	PART XIV. NOTICES
	A notice required under this compact must be given by
	certified mail, return receipt requested, commercial overnight
	courier service, or personal delivery, to:
	Governor
	State of Texas
	State Insurance Building
	1100 San Jacinto
	Austin, TX 78701
	Chairman - Tribal Council
	Kickapoo Traditional Tribe of Texas
	HCR1 9700
	Eagle Pass, TX 78852
	With copies to the general counsel for each party.
	PART XV. EFFECTIVE DATE AND TERM
	A.  This compact is effective on approval either by the
	United States Secretary of the Interior as a tribal-state compact
	under the IGRA or by operation of law and on publication of the
	notice of approval in the Federal Register.
	B.  This compact has a term of 25 years beginning on the day
	the compact becomes effective under Part XV.A of this compact. This
	compact remains in full force and effect until the earlier of the
	25th anniversary of the day the compact becomes effective or until
	terminated by agreement of the parties.  If either the State or the
	Tribe wishes to extend the term of this compact, the party shall
	notify the other at least 18 months before the date that this
	compact will expire.  The parties shall begin negotiations at least
	12 months before the term expires.
	PART XVI. AMENDMENT OF COMPACT
	Amendment of this compact may only be made by written
	agreement of the parties, subject to approval either by the United
	States Secretary of the Interior or by operation of law and is
	effective on publication of the notice of approval in the Federal
	Register.
	PART XVII. MISCELLANEOUS
	A.  Except to the extent expressly provided in this compact,
	this compact does not create a right for a third party to bring an
	action to enforce a term of this compact.
	B.  Nothing in this compact shall alter any existing
	memoranda of understanding, contracts, or other agreements entered
	into between the Tribe and any other federal, state, or local
	governmental entity.
	PART XVIII. EXECUTION
	The chairman of the Tribal Council of the Kickapoo
	Traditional Tribe of Texas affirms that the chairman is duly
	authorized and has the authority to execute this compact on behalf
	of the Tribe. The chairman also affirms that the chairman will take
	all appropriate steps to effectuate the purposes and intent of this
	compact.
	(d)  The Secretary of State may adopt rules necessary for
	this state to carry out its responsibilities under this section
	unless the Legislature enacts laws authorizing another state agency
	to administer this section.  The rules may not apply to the Tribe.
	(e)  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.
	SECTION 3.  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 permit voting for or against the
	proposition: "The constitutional amendment authorizing the
	Kickapoo Traditional Tribe of Texas to conduct gaming by executing
	a gaming agreement with this state."