Bill Text: TX HJR59 | 2017-2018 | 85th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-22 - Referred to Licensing & Administrative Procedures [HJR59 Detail]

Download: Texas-2017-HJR59-Introduced.html
  85R5005 GCB-F
 
  By: Nevárez H.J.R. No. 59
 
 
 
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), (d-1), 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, 2017, 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 of this compact 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 of this compact 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, 2017, 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 of this compact, 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
  this part 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 7, 2017.
  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."
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