Bill Text: TX SB1132 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to certain gaming conducted in this state by federally recognized Indian tribes on tribal land.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Referred to s/c on Fiscal Matters by Chair [SB1132 Detail]
Download: Texas-2013-SB1132-Introduced.html
By: Rodriguez | S.B. No. 1132 | |
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relating to certain gaming conducted in this state by federally | ||
recognized Indian tribes on tribal land. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle A, Title 13, Occupations Code, is | ||
amended by adding Chapter 2004 to read as follows: | ||
CHAPTER 2004. CERTAIN GAMING BY FEDERALLY RECOGNIZED INDIAN TRIBES | ||
Sec. 2004.001. DEFINITIONS. In this chapter: | ||
(1) "Class II gaming" has the meaning assigned by | ||
Section 4(7), Indian Gaming Regulatory Act (25 U.S.C. Section | ||
2703(7)). | ||
(2) "Indian tribe" means a federally recognized Indian | ||
tribe or tribal organization that is included in the list published | ||
by the United States secretary of the interior as required under 25 | ||
U.S.C. Section 479a-1. | ||
(3) "Tribal land" means Indian land held in trust for | ||
an Indian tribe by the United States. | ||
Sec. 2004.002. GAMING ON TRIBAL LANDS. (a) An Indian tribe | ||
may conduct on its tribal land in accordance with Section 47(f), | ||
Article III, Texas Constitution, federal law, and the rules of the | ||
National Indian Gaming Commission: | ||
(1) class II gaming; and | ||
(2) any gaming authorized under the Texas Constitution | ||
or state law and conducted by an individual, organization, group, | ||
or entity in this state. | ||
(b) A state law or rule governing the time, place, or manner | ||
in which gaming activity described by Subsection (a)(2) may be | ||
conducted does not apply to the conduct of that activity on tribal | ||
lands. | ||
SECTION 2. Section 47.02(c), Penal Code, is amended to read | ||
as follows: | ||
(c) It is a defense to prosecution under this section that | ||
the actor reasonably believed that the conduct: | ||
(1) was permitted under Chapter 2001, Occupations | ||
Code; | ||
(2) was permitted under Chapter 2002, Occupations | ||
Code; | ||
(3) was permitted under Chapter 2004, Occupations | ||
Code; | ||
(4) consisted entirely of participation in the state | ||
lottery authorized by the State Lottery Act (Chapter 466, | ||
Government Code); | ||
(5) [ |
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(Article 179e, Vernon's Texas Civil Statutes); or | ||
(6) [ |
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drawing for the opportunity to participate in a hunting, fishing, | ||
or other recreational event conducted by the Parks and Wildlife | ||
Department. | ||
SECTION 3. Section 47.06, Penal Code, is amended by adding | ||
Subsection (f-1) to read as follows: | ||
(f-1) It is a defense to prosecution under Subsection (a) or | ||
(c) that the person owned, manufactured, transferred, or possessed | ||
the equipment or paraphernalia related to the play of poker for the | ||
sole purpose of shipping it to an establishment authorized to | ||
conduct gaming under Chapter 2004, Occupations Code. | ||
SECTION 4. Section 47.09(a), Penal Code, is amended to read | ||
as follows: | ||
(a) It is a defense to prosecution under this chapter that | ||
the conduct: | ||
(1) was authorized under: | ||
(A) Chapter 2001, Occupations Code; | ||
(B) Chapter 2002, Occupations Code; [ |
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(C) Chapter 2004, Occupations Code; or | ||
(D) the Texas Racing Act (Article 179e, Vernon's | ||
Texas Civil Statutes); | ||
(2) consisted entirely of participation in the state | ||
lottery authorized by Chapter 466, Government Code; or | ||
(3) was a necessary incident to the operation of the | ||
state lottery and was directly or indirectly authorized by: | ||
(A) Chapter 466, Government Code; | ||
(B) the lottery division of the Texas Lottery | ||
Commission; | ||
(C) the Texas Lottery Commission; or | ||
(D) the director of the lottery division of the | ||
Texas Lottery Commission. | ||
SECTION 5. This Act takes effect December 15, 2013, but only | ||
if the constitutional amendment authorizing the operation of | ||
certain gaming in this state by federally recognized Indian tribes | ||
on tribal land is approved by the voters. If that amendment is not | ||
approved by the voters, this Act has no effect. |