HJR156 - Proposing a constitutional amendment authorizing the Kickapoo Traditional Tribe of Texas to conduct gaming by executing a gaming compact with this state; providing for occupational licensing under the compact; limiting certain taxes and fees.

  89R11878 BEE-F     By: Morales of Maverick H.J.R. No. 156       A JOINT RESOLUTION   proposing a constitutional amendment authorizing the Kickapoo   Traditional Tribe of Texas to conduct gaming by executing a gaming   compact with this state; providing for occupational licensing   under the compact; 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 compact   containing the terms set forth in Subsection (c) of this section on   receipt of a duly enacted resolution of the tribe's governing body   authorizing the chairman to execute the compact and on provision of   a copy of the resolution to the governor of this state. The   governor is not required to take any further action before the   gaming compact becomes effective.   The executed gaming compact   constitutes a gaming compact between this state and the Kickapoo   Traditional Tribe of Texas 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 compact to the   governor; and                 (2)     submitting a copy of the executed compact to the   United States Secretary of the Interior for approval and   publication in the Federal Register.           (b)     If, after January 1, 2025, video lottery terminals, slot   machines, or other forms of gaming not otherwise authorized before   that date are authorized under state law within 200 miles of the   boundary of the reservation of the Kickapoo Traditional Tribe of   Texas near Eagle Pass, Texas, the tribe is authorized to offer the   same types of games or devices, including any form of mobile gaming,   as authorized under state law at a location the tribe designates.   The number of games or devices authorized at the location is equal   to any maximum number of games or devices authorized under state law   for other gaming locations. The location must be on land in this   state owned or leased by the Kickapoo Traditional Tribe of Texas.   The gaming authorized under this subsection shall be regulated by   the Kickapoo Traditional Tribe of Texas and the Secretary of State.     A rule on gaming conducted by the tribe that this state adopts may   not be more restrictive than a rule applicable to other comparable   types of gaming licensed by this state. A tax rate or fee may not be   imposed on the tribe's gaming operations in an amount that exceeds   the amount of a tax rate or fee imposed on the operators of other   gaming locations or facilities in this state.           (c)     A gaming compact executed under Subsection (a) of this   section must be in the form and contain the provisions as follows:   THE KICKAPOO TRADITIONAL TRIBE OF TEXAS AND THE STATE OF TEXAS   GAMING COMPACT           This compact 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 Compact."   PART II. RECITALS           1.     The Tribe is a federally recognized tribal government   with sovereign powers and rights of self-government. The Tribe has   special 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 compact 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 compact.           5.     The gaming under this compact 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 assigned the authority to carry out the Tribe's regulatory   and oversight responsibilities under this compact.                 C.     "Compact" means this gaming compact 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 available to the Tribe by   the United States Department of the Interior, video lottery   terminals, and any other Class III game of chance or skill   authorized by State law for any person, organization, or entity for   any purpose.                 E.     "Covered game 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:                       (1)  includes:                             a.  managers and assistant managers;                             b.  accounting personnel;                             c.  commission officers;                             d.  surveillance and security personnel;                             e.     cashiers, supervisors, and floor   personnel;                             f.  cage personnel; and                             g.     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; and                       (2)     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 or   buildings 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 by the Tribe to   a supplier on a periodic basis for the right to lease or otherwise   offer for play a gaming device the Tribe does not own for a covered   gaming activity. A participation fee may be a royalty payment or   lease payment.                 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.   PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES; LIMITATION   ON PARTICIPATION FEE DEDUCTION           A.     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.     Notwithstanding any other provision of this compact, a wager made   through a mobile or other electronic device by a player physically   located in Texas but not on the Tribe's Indian lands shall be   considered for regulatory purposes to occur exclusively where   received at the location of the servers or other devices used to   conduct that wagering at a facility located on the Tribe's Indian   lands.   The placement of such wagers is permitted as a matter of   State law.           B.     The Tribe acknowledges 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.   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. Nothin [Text truncated for display. Full text available on LegiScan.]