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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the Kickapoo |
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Traditional Tribe of Texas to conduct gaming by executing a gaming |
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compact with this state; providing for occupational licensing |
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under the compact; limiting certain taxes and fees. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47(a), Article III, Texas Constitution, |
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is amended to read as follows: |
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(a) The Legislature shall pass laws prohibiting lotteries |
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and gift enterprises in this State other than those authorized by |
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Subsections (b), (d), (d-1), and (e) of this section and Section 47a |
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of this article. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 47a to read as follows: |
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Sec. 47a. (a) The chairman of the federally recognized |
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Kickapoo Traditional Tribe of Texas may execute a gaming compact |
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containing the terms set forth in Subsection (c) of this section on |
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receipt of a duly enacted resolution of the governing body of the |
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tribe authorizing the chairman to execute the compact and on |
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provision of a copy of the resolution to the governor of this state. |
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The governor is not required to take any further action before the |
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gaming compact becomes effective. The executed gaming compact |
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constitutes a gaming compact between this state and the Kickapoo |
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Traditional Tribe of Texas for purposes of the federal Indian |
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Gaming Regulatory Act (Pub. L. No. 100-497). The tribe is |
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responsible for: |
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(1) providing a copy of the executed compact to the |
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governor; and |
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(2) submitting a copy of the executed compact to the |
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United States Secretary of the Interior for approval and |
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publication in the Federal Register. |
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(b) If, after January 1, 2024, this state by general law or |
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constitutional amendment authorizes video lottery terminals, slot |
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machines, or other forms of gaming not otherwise authorized before |
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that date within 200 miles of the boundary of the reservation of the |
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Kickapoo Traditional Tribe of Texas near Eagle Pass, Texas, the |
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tribe is authorized to offer the same types of games or devices as |
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authorized under that law or amendment at a location designated by |
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the tribe. The number of games or devices authorized at the |
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location is equal to any maximum number of games or devices |
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authorized under that law or amendment for other gaming locations. |
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The location must be on land owned or leased by the Kickapoo |
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Traditional Tribe of Texas that is within 300 miles of the boundary |
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of the tribe's reservation but may not be within 30 miles of a |
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racetrack that holds a license under state law to conduct |
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pari-mutuel wagering on horse or greyhound racing on the effective |
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date of the compact executed under Subsection (a) of this section. |
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The gaming authorized under this subsection shall be regulated by |
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the Kickapoo Traditional Tribe of Texas and the Secretary of State. |
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A rule on gaming conducted by the tribe that is adopted by the |
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Secretary of State may not be more restrictive than a rule |
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applicable to other comparable types of gaming licensed by this |
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state. A tax or fee may not be imposed on the tribe in an amount |
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that exceeds the amount of a tax or fee imposed on the operators of |
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other gaming facilities in this state. |
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(c) A gaming compact executed under Subsection (a) of this |
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section must be in the form and contain the provisions as follows: |
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THE KICKAPOO TRADITIONAL TRIBE OF TEXAS AND THE STATE OF TEXAS |
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GAMING COMPACT |
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This compact is entered into between the Kickapoo Traditional |
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Tribe of Texas, a federally recognized Indian Tribe ("Tribe"), and |
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the State of Texas ("State"), with respect to the operation of |
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covered games (as defined herein) on the Tribe's Indian lands as |
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defined by Section 4(4), Indian Gaming Regulatory Act (25 U.S.C. |
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Section 2703(4)). |
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PART I. TITLE |
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This document shall be referred to as "The Kickapoo |
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Traditional Tribe of Texas and State of Texas Gaming Compact." |
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PART II. RECITALS |
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1. The Tribe is a federally recognized tribal government |
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with sovereign powers and rights of self-government. The Tribe has |
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special gaming rights under the federal Indian Gaming Regulatory |
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Act (Pub. L. No. 100-497). |
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2. The State is a state of the United States possessing the |
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sovereign powers and rights of a state. |
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3. The State and the Tribe maintain a |
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