HJR185 - Proposing a constitutional amendment to require the governor to execute model gaming compacts with the Alabama-Coushatta Tribe of Texas and the Ysleta del Sur Pueblo and to authorize those tribes to sue this state if the governor fails to execute said model gaming compacts.

      By: González of El Paso H.J.R. No. 185       A JOINT RESOLUTION   proposing a constitutional amendment to require the governor to   execute model gaming compacts with the Alabama-Coushatta Tribe of   Texas and the Ysleta del Sur Pueblo and to authorize those tribes to   sue this state if the governor fails to execute said model gaming   compacts.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  THE INTERIOR          The foregoing Compact between the Tribes and the State of   Texas is hereby approved this ___, pursuant to authority conferred   on me by Section 11 of the Indian Gaming Regulatory Act, 102, Stat.   2472 or Sections 2, 107, and 207 of the Ysleta del Sur Pueblo and   Alabama and Coushatta Indian Tribes of Texas Restoration Act. I   direct that it be promptly submitted to the Federal Register for   publication. Section 10, Article IV, Texas Constitution, is amended   by adding Section 10a to read as follows:           Sec.   10-a.     EXECUTION OF TRIBAL GAMING COMPACTS.   Notwithstanding any other laws enacted by the legislature, within   90 days following the request by any of the Alabama-Coushatta Tribe   of Texas or the Ysleta del Sur Pueblo, to enter a gaming compact   with the state, the governor shall execute the on behalf of the   state with said requesting tribe the model gaming compact as set   forth below:           Sec. 10-a  (a):           MODEL COMPACT BETWEEN THE YSLETA DEL SUR PUEBLO,   ALABAMA-COUSHATTA TRIBE OF TEXAS, AND THE STATE OF TEXAS PROVIDING   FOR THE CONDUCT OF TRIBAL CLASS III GAMING           THIS COMPACT is made and entered into between the Ysleta del   Sur Pueblo (hereinafter referred to as the "Pueblo"), the   Alabama-Coushatta Tribe of Texas (hereinafter referred to as the   "Alabama-Coushatta") (collectively hereinafter referred to as the   "Tribes"), and the State of Texas (hereinafter referred to as   "State").           RECITALS           WHEREAS, the State of Texas is a sovereign State of the United   States of America, having been admitted to the Union pursuant to the   Act of December 29, 1845, 5 Stat. 144, and is authorized by its   Constitution to enter into contracts and agreements, including this   agreement with the Tribes; and           WHEREAS, the Tribes are federally recognized Indian Tribes   and their governing bodies, the Tribal Councils are authorized to   enter into contracts and agreements of every description, including   this agreement with the State; and           WHEREAS, the Ysleta del Sur Pueblo and Alabama and Coushatta   Indian Tribes of Texas Restoration Act ("Restoration Act") was   passed on August 18, 1987 (Pub. L. 100-89), which permits the Pueblo   and the Alabama-Coushatta to engage in any gaming activity that is   not prohibited by the State, without application of the State's   gaming laws and regulations; and           WHEREAS, the Congress of the United States has enacted the   Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701 et. Seq.)   (hereinafter "IGRA"), which permits Indian tribes to operate Class   III gaming activities on Indian reservations pursuant to a   tribal-state compact entered into for that purpose; and           WHEREAS, the Tribes propose to operate Class III gaming   establishments on Eligible Indian Lands in the State of Texas, and   by respective Tribal Council Resolutions and Tribal Ordinances will   adopt rules and regulations governing the games played and related   activities at the Class III gaming establishments; and           WHEREAS, the State presently permits and regulates various   types of gaming within the State (but outside Indian lands) that   satisfy the definition of Tribal Class III gaming; and           WHEREAS, the United States Supreme Court in Ysleta Del Sur   Pueblo v. Tex. , 213 L. Ed. 2d 221 (2022) held that, pursuant to the , 213 L. Ed. 2d 221 (2022) held that, pursuant to the   express provisions of the Restoration Act, the Pueblo and the   Alabama-Coushatta may conduct gaming activities not prohibited by   the State of Texas, and that the State may not regulate such gaming   activities; and           WHEREAS, at the general election held on [November , ], the   State amended the Constitution through [NAME] (the "Amendment");   and           WHEREAS, a compact between the Tribes and the State for the   conduct of Class III gaming is sufficient to satisfy requirements   imposed by the United States Congress by enactment of IGRA, for the   operation of lawful Class III gaming by the Pueblo and   Alabama-Coushatta on Eligible Indian Lands in Texas; and           WHEREAS, under the terms of the Restoration Act, the Pueblo   and the Alabama-Coushatta may engage on lands held in trust by the   United States Secretary of the Interior for the benefit of the   Pueblo and Alabama-Coushatta in any gaming activity that is not   prohibited in the state, without any application of the State's   gaming laws and regulations except as otherwise provided by a   Tribal-State gaming compact.           WHEREAS, the State and the Tribes, in recognition of the   sovereign rights of each party and in a spirit of cooperation in the   interests of the citizens of the State and the Tribes, have engaged   in good faith negotiations recognizing and respecting the interests   of each party and have agreed to this Compact.           NOW, THEREFORE, the Tribes and the State agree as follows:           SECTION 1.  Purpose and Objectives           The purpose and objectives of the Tribes and the State in   making this Compact are as follows:   (A)   To demonstrate the goodwill and cooperative spirit between the   State and the Tribes;   (B)   To continue the development of effective working   relationships between the State and tribal governments;   (C)   To compact for Class III gaming on lands held in trust by the   Secretary of the Interior for the benefit of the Pueblo and   Alabama-Coushatta in Texas under the Restoration Act and as   authorized by IGRA;   (D)   To fulfill the purpose and intent of IGRA and the Restoration   Act by providing for tribal gaming as a means of generating tribal   revenues, thereby promoting tribal economic development, tribal   self-sufficiency and strong tribal government;   (E)   To provide tribal revenues to fund tribal government   operations or programs, to provide for the general welfare of the   Tribes and their members and for other purposes allowed under IGRA   and the Restoration Act;   (F)   To provide for the operation of Class III gaming in which,   except as provided in 25 U.S.C. 2710(b)(4) and (d)(2)(A) of IGRA,   the Tribes shall have the sole proprietary interest and be the   primary beneficiary of the Tribes' gaming enterprises;   (G)   To recognize the State's interest in the establishment by the   Tribes of rules and procedures for ensuring that Class III gaming is   conducted fairly and honestly by the owners, operators, and   employees and by the patrons of any Class III gaming enterprise of   the Tribes; and   (H)   To establish procedures to notify the patrons of the Tribes'   Class III gaming establishments that the establishments are not   regulated by the State and that patrons must look to the tribal   government or to the federal government to resolve any issues or   disputes with respect to the operations of the establishments.           SECTION 2.  Definitions           For purposes of this Compact, the following definitions   pertain:   (A)   "Class III gaming" means all forms of gaming authorized by   this Compact, which are neither Class I nor Class II gaming, as such   terms are defined in 2703(6) and (7) of IGRA. Only those Class III   games authorized by this Compact may be operated by the Tribes.   (B)   "Commercial Gaming Facility" shall mean any facility that is   not operated by the Tribes on Eligible Indian Lands that offers   Electronic Games of Chance or Table Games for gambling purposes,   whether or not operated by the State Lottery Commission.   (C)   "Competitive Market - Pueblo" means the following Texas   counties: El Paso, Hudspeth, any county in which the Pueblo owns any   lands held in trust by the Secretary of the Interior, and any county   contiguous therewith.   (D)   Competitive Market - Alabama-Coushatta" means the following   Texas counties: Polk, Tyler, Trinity, Angelina, Jasper, Hardin,   Liberty, San Jacinto, Walker, Montgomery, any county in which the   Alabama-Coushatta owns any lands held in trust by the Secretary of   the Interior, and any county contiguous therewith.   (E)   "Electronic Game of Chance" means a player activated or   operated electronic, mechanical, or electromechanical device that:          (1)   allows a person to play a game of chance or a facsimile   of a game of chance, which may or may not be affected by an element   of skill; is activated by, or which is operated through, the   insertion of a coin, currency (or equivalent thereof), token, or by   the use of a credit or the pledge or promise to pay anything of   value;          (2)   is controlled by software or electronic, mechanical, or   electromechanical process that determines the element of chance and   winning payout; and          (3)   awards either                (a)   cash or                (b)   credits, tokens, replays, or a written statement   of the player's accumulated credits, if the credits, tokens,   replays, or written statement can be redeemed for cash, or                (c)   any other thing of value.   "Electronic Game of Chance" does not include:          (1)   Charitable gaming operated under the regulation of the   State Lottery Commission whether or not such gaming uses player   activated electronic or electromechanical devices; and          (2)   Any of the games in use by the Texas State Lottery.   (F)   "Eligible Indian Lands" means lands, acquired by the United   States in trust for the Tribes as defined under IGRA or held in   trust for the benefit of the Pueblo and the Alabama-Coushatta under   the Restoration Act, as applicable.   (G)   "Mobile Sports Wagering" means any sport wagering on a   platform that is deployed and accessed through the internet or an   application on a mobile device.   (H)   "Person" means a business, individual, proprietorship, firm,   partnership, joint venture, syndicate, trust, labor organization,   company, corporation, association, committee, state, local   government, government instrumentality or entity, or any other   organization or group of persons acting jointly.   (I)   "Net Win" means the total amount wagered on each electronic   game of chance, minus the total amount paid to players for winning   wagers at such machine calculated in accordance with Generally   Accepted Accounting Principles pursuant to American Institute of   Certified Public Accountant standards. For purposes of computing   Net Win, the total amount wagered does not include the initial value   of any electronic promotional slot credits provided to a patron by   the Tribal Gaming Facility so long as there is no monetary value to   the electronic promotional slot credit other than in a slot   machine, and the exclusion of the promotional slot credit from the   total amount wagered does not otherwise have a negative impact on   the total aggregate of Net Win; the total amount wagered does   include subsequent wagers made using any credits or winnings   derived from the initial play of such electronic promotional   credits. If a machine is part of an inter-casino linked system or   similar enterprise, the "total amount paid to players for winning   wagers at such machine" does include the pro-rata share of winnings   paid out under that linked system but does not include the payment   of fees, costs, royalties, or other expenses associated with or   attributable to administering the inter-casino linked system.   (J)   "Resident Tribal Member" means an enrolled member of the   Tribes who resides within the Tribes' "Indian Country" (as defined   under 18 U.S.C. 1151).   (K)   "Sports Wagering" means a wager on sports events, portions of   sports in a sports event or combination of sports events through any   system or method of wagering.   (L)   "Table Games" means games that utilize real non-electronic   cards, dice, chips and equipment in the play and operation of the   game. & [Text truncated for display. Full text available on LegiScan.]