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A BILL TO BE ENTITLED
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AN ACT
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relating to certain gaming activity conducted by an Indian tribe or |
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tribal organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.09(a), Penal Code, is amended to read |
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as follows: |
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(a) It is a defense to prosecution under this chapter that |
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the conduct: |
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(1) was authorized under: |
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(A) Chapter 2001, Occupations Code; |
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(B) Chapter 2002, Occupations Code; or |
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(C) the Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes); |
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(2) consisted entirely of participation in gambling or |
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other gaming activity that: |
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(A) is or may be permitted under the Indian |
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Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 25 U.S.C. |
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Section 2701 et seq.), without regard to whether the gambling or |
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gaming activity is conducted by an Indian tribe to which that Act |
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applies; and |
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(B) is conducted: |
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(i) by an Indian tribe or tribal |
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organization that was included on the January 30, 1998, list of |
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recognized Indian tribes by the United States secretary of the |
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interior as required under 25 U.S.C. Section 479a-1; and |
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(ii) on premises designated by the tribe or |
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tribal organization for that gambling or other gaming activity on |
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land that was recognized as tribal land of that tribe or tribal |
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organization by the federal government on January 1, 1998; |
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(3) consisted entirely of participation in the state |
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lottery authorized by Chapter 466, Government Code; or |
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(4) [(3)] was a necessary incident to the operation of |
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the state lottery and was directly or indirectly authorized by: |
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(A) Chapter 466, Government Code; |
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(B) the lottery division of the Texas Lottery |
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Commission; |
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(C) the Texas Lottery Commission; or |
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(D) the director of the lottery division of the |
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Texas Lottery Commission. |
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SECTION 2. (a) The change in law made by Section 1 of this |
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Act applies only to an offense committed on or after the effective |
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date of this Act. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |