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.

The text as introduced · 5,420 words

By: Gutierrez
S.J.R. No. 12

SENATE 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, 2027, this state by general law or

constitutional amendment authorizes video lottery terminals, slot

machines, or other forms of gaming not otherwise authorized before

that date, the Kickapoo Traditional Tribe of Texas is authorized to

offer at a location the tribe designates any game, device, or other

form of gaming, including any form of mobile gaming, authorized

under that law or amendment. The number of games or devices

authorized at the designated location is equal to any maximum

number of games or devices authorized under that law or amendment

for other gaming locations. The designated location must be on land

in this state owned or leased by the Kickapoo Traditional Tribe of

Texas that is outside the boundary of the tribe's reservation. The

gaming authorized under this section 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 state or local 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 previously 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, wagers made

via mobile or other electronic devices by players physically

located in Texas but not on the Tribe's Indian lands shall be deemed

for regulatory purposes to take place exclusively where received at

the location of the servers or other devices used to conduct such

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. Nothing in this compact may be construed to affect

the Tribe's right to amend the Tribe's rules, provided the amendment

is in conformity with this compact. The SCA may propose to the

commission additional rules consistent with the implementation of

this compact, and the commission shall in good faith consider the

proposal and notify the SCA of the Tribe's response or action in

regard to the proposal.

B. All facilities shall comply with and all covered games

shall be operated in accordance with this compact. All facilities

must be operated in strict compliance with tribal internal control

standards that provide a level of control equal to or exceeding the

minimum internal control standards for Class III gaming recommended

by the National Indian Gaming Commission in the bulletin issued on

August 14, 2018, and any update to those standards.

C. The Tribe agrees to maintain the following safeguards

against problem gambling:

1. The Tribe will provide a comprehensive training program

to all gaming employees.

2. The Tribe will make available to patrons printed

materials with contact information for organizations dedicated to

assisting problem gamblers.

3. The commission shall establish a list of the patrons

voluntarily excluded from the Tribe's facilities under Part V.C.5

of this compact.

4. The Tribe shall employ its best efforts to exclude patrons

on the list maintained under Part V.C.3 of this compact. This

compact does not create a cause of action against the State, the

Tribe, the commission, or any other person, entity, or agency for

failing to exclude a patron on the list established under Part V.C.3

of this compact.

5. A patron who believes the patron may be playing a covered

game on a compulsive basis may request the patron's name to be

placed on the list of patrons voluntarily excluded from the Tribe's

facilities.

6. All covered game employees who interact with patrons

shall receive training to identify a patron who may have a problem

with compulsive gambling and instruct the patron to leave. Signs

bearing a toll-free help line number and educational and

informational materials must be made available at conspicuous

locations and ATMs in each facility. The signs must be designed in

a manner aimed at preventing problem gambling and specifying where

patrons may receive counseling or assistance for gambling problems.

Nothing in this part of this compact creates a cause of action or

claim against the State, the Tribe, the commission, or any other

person, entity, or agency for failing to identify a patron or person

who is a compulsive gambler or asking that person to leave.

7. The Tribe shall make diligent efforts to prevent an

underage individual from loitering in the area of each facility

where a covered game is conducted.

8. The Tribe shall assure that advertising and marketing of

the covered games at the facilities contain a responsible gambling

message and a toll-free help line number for problem gamblers where

practical and that the advertising and marketing messages do not

make any false or misleading claims.

D. The State may secure an annual independent financial

audit of the conduct of covered games subject to this compact. The

audit must examine revenues from the conduct of a covered game and

must verify the determination of net win and the basis of, and right

to, the payments to the State pursuant to Part XI of this compact

and as defined by this compact. A copy of the audit report for the

conduct of a covered game must be submitted to the commission not

later than the 30th day after the date an audit is completed. A

representative of the SCA may, on request, meet with the Tribe and

the Tribe's auditors to discuss an audit or matter in connection

with the audit, provided the discussions are limited to covered

games information. The annual independent financial audit must be

performed by an independent accounting firm with experience in

auditing casino operations, selected by the State and subject to

the Tribe's consent, which may not be unreasonably withheld. The

Tribe shall pay the accounting firm for the costs of the annual

independent financial audit if the Tribe is found not to be in

compliance with this compact.

E. A summary of the rules for playing covered games must be

displayed in a facility. A complete set of rules must be available

at a facility and provided to a patron on request. A copy of the

rules must be provided to the SCA not later than the 30th day after

the date the rules are issued or amended.

F. The Tribe shall provide the commission and SCA with a

chart of the supervisory authority of persons directly responsible

for the conduct of covered games, and shall promptly notify the

commission and the SCA of any material change to the supervisory

authority.

G. The Tribe shall continue to maintain a proactive approach

to prevent improper alcohol sales, drunk driving, underage

drinking, and underage gambling that involves extensive staff

training and certification, patron education, and the use of

security personnel and surveillance equipment to enhance patrons'

enjoyment of the facilities and provide for patron safety. Staff

training must include specialized employee training in nonviolent

crisis intervention, driver's license verification, and the

detection of intoxication. Patron education may be accomplished by

printing a notice on a valet parking stub, posting a sign in the

facilities, and publishing brochures. The facilities must have

roving and fixed security officers, along with surveillance

cameras, to assist in the detection of intoxicated patrons,

investigate problems, and engage patrons to de-escalate volatile

situations. This part of this compact does not create a cause of

action or claim against the State, the Tribe, the commission, or any

other person, entity, or agency for failing to fulfill a

requirement of this part.

H. A person under 21 years of age may not play a covered game

unless state law authorizes the play of the same or similar games by

persons under 21 years of age at locations under the State's

jurisdiction.

I. The Tribe and the commission on request shall make

available a copy of the following documents to any member of the

public:

1. the tribal gaming ordinance;

2. this compact;

3. the rules of each covered game operated by the

Tribe; and

4. the administrative procedures for addressing patron

tort claims under Part VI of this compact.

PART VI. PATRON DISPUTES; TORT CLAIMS; PRIZE CLAIMS

A. All Patron disputes shall be resolved under the

procedures established by the Tribe's Gaming Ordinance and such

remedies must be exhausted.

B. The Tribe shall ensure that a patron of a facility is

afforded due process in seeking and receiving just and reasonable

compensation for a tort claim for personal injury or property

damage against a facility arising out of an incident occurring at a

facility. During the term of this compact, the Tribe shall maintain

public liability insurance for the express purposes of providing

coverage for a tort claim. The insurance must provide coverage for

damage amounts equal to the liability limits described by Section

101.023(a), Texas Civil Practice and Remedies Code. The liability

for a tort claim, including a claim for compensatory damages,

punitive damages, costs, prejudgment interest, and attorney fees if

otherwise allowed under Texas law, arising out of any tort claim

brought or asserted against the Tribe, the Tribe's subordinate

governmental or economic units, any Tribal officials, employees,

servants, or agents in their official capacities, or any entity

which is owned directly or indirectly by the Tribe, may not exceed

or be paid in an amount exceeding the maximum amount of insurance

coverage required by this part.

C. All Patron tort claims brought under this part of the

compact shall be brought solely against the Kickapoo Lucky Eagle

Casino, an economic entity owned by a federally recognized Indian

tribe, as the sole party in interest.

D. The Tribe shall ensure that patrons of a facility are

afforded due process in seeking and receiving just and reasonable

compensation arising from a patron's dispute, in connection with

the patron's play of a covered game, the amount of a prize awarded,

the failure to award a prize, or the right to receive a refund. Such

patron disputes shall be resolved under the procedures established

by the Tribe's Gaming Ordinance.

PART VII. ENFORCEMENT OF COMPACT PROVISIONS

A. The Tribe and the commission are responsible for

regulating activities under this compact. The Tribe shall adopt or

issue standards designed to ensure the facilities are constructed,

operated, and maintained to adequately protect the environment and

public health and safety.

B. A commission compliance officer shall be available to a

facility during operation on reasonable notice and shall have

immediate and complete access to a facility to ensure compliance

with this compact. The commission shall investigate a suspected or

reported violation of this part of this compact and shall timely

file an official written report of the investigation and action

taken on the violation, and shall send a copy of the investigative

report to the SCA not later than the 30th day after the date the

commission files the report. The scope of the report must be

determined by a memorandum of understanding between the commission

and the SCA as soon as practicable after the effective date of this

compact. A violation must be reported immediately to the

commission, and the commission shall immediately forward the

violation to the SCA. In addition, the commission shall promptly

report to the SCA a violation which the commission independently

discovers.

C. Representatives of the commission and the SCA shall meet

at least once each year to review past practices and examine methods

to improve the regulatory scheme created by this compact. The

meetings shall take place at a location agreed to by the commission

and the SCA. The SCA, before or during a meeting, shall disclose to

the commission any concerns, suspected activities, or pending

matters reasonably believed to constitute a violation of this

compact by any person, organization, or entity, if the disclosure

will not compromise the interest sought to be protected.

PART VIII. STATE MONITORING OF COMPACT

A. The SCA may, under this compact, monitor the conduct of a

covered game to ensure a covered game is conducted in compliance

with this compact. In order to properly monitor the conduct of a

covered game, an agent of the SCA may have, without prior notice,

reasonable access to all public areas of a facility where a covered

game is conducted under this compact. An SCA agent must report to a

commission officer immediately on arrival at the facility. An SCA

agent may not enter a nonpublic area of a facility without giving

the commission notice of the agent's arrival 24 hours before the

hour of the agent's arrival and, on arrival, providing proper

photographic identification. A commission officer shall accompany

an SCA agent in a nonpublic area of a facility.

B. Subject to this compact, an SCA agent has the right to

review and request a copy of a facility document related to the

conduct of a covered game. The review and copying of the document

must be during normal business hours unless otherwise allowed by

the Tribe at the Tribe's discretion. The Tribe may not refuse an

inspection or request to copy a document, provided that an agent

cannot require copies of documents in a volume that unreasonably

interferes with the normal functioning of the facility or a covered

game.

C. After an SCA inspection or investigation, the SCA shall

send to the commission a written report of the inspection or

investigation that contains all pertinent, nonconfidential,

nonproprietary information about a violation of an applicable law

or this compact discovered during an inspection or investigation

unless disclosure of the information would adversely affect an

investigation of suspected criminal activity. This compact does

not prevent the SCA from contacting a tribal or federal law

enforcement authority about suspected criminal wrongdoing

involving the commission.

D. This compact does not authorize the State to regulate the

Tribe's government or the commission or to interfere with the

Tribe's selection of the Tribe's governmental officers or members

of the commission.

PART IX. JURISDICTION

The obligations and rights of the State and the Tribe under

this compact are contractual in nature, and, except with respect to

the regulation of mobile gaming , this compact does not alter

tribal, federal, or state civil or criminal jurisdiction.

PART X. LICENSING

The Tribe and the commission shall comply with the licensing

and hearing requirements in 25 C.F.R. Part 556 and Part 558 and

applicable licensing requirements in the Tribe's Gaming Ordinance.

PART XI. PAYMENTS TO STATE

A. The parties acknowledge and recognize this compact

provides the Tribe with substantial exclusivity and, consistent

with the goals of the IGRA, special opportunities for tribal

economic opportunity through covered gaming activity in the State.

In consideration of the substantial exclusivity, only while the

State does not, after January 1, 2027, authorize or allow the

operation of any additional form of gaming, including slot

machines, video lottery terminals, video pull-tab games,

electronic bingo, sports betting, banked and banking card games,

another type of table gaming game, or any form of mobile gaming, not

otherwise authorized and operated under state law on that date

within 200 miles of the boundary of the Tribe's reservation, the

Tribe agrees to pay the State a percentage of the revenue derived

from covered game revenues in an amount equal to three percent of

the net win received by the Tribe in a calendar year from the play of

Class III covered games. The amount is due and payable not later

than the 20th day after the last date of the preceding quarter for

the revenue received by the Tribe in the preceding quarter.

B. Payment of revenue due under Part XI.A of this compact

must be made to the comptroller of public accounts of the State.

Nothing in this compact allocates the revenue to a particular State

purpose, including regulatory responsibilities under this compact.

C. This compact does not authorize the State to impose any

tax, fee, charge, or assessment on the Tribe or an enterprise of the

Tribe.

PART XII. DISPUTE RESOLUTION

A dispute under this compact, including a dispute over

compliance with or the interpretation of the terms of this compact,

must be resolved amicably and voluntarily when possible. In

pursuit of this goal, the following procedures shall be invoked:

A. A party asserting noncompliance or seeking an

interpretation of this compact first shall serve written notice on

the other party. The notice must identify the provision alleged to

have been violated or in dispute and must specify in detail the

factual basis for the claim. Representatives of the Tribe and State

shall meet in an effort to resolve the dispute not later than the

30th day after the date notice is received unless the parties agree

to extend the time.

B. A party asserting noncompliance or seeking an

interpretation of this compact is considered to have certified that

to the best of the party's knowledge, information, and belief,

formed after reasonable inquiry, the claim of noncompliance or the

request for interpretation of this compact is warranted and made in

good faith and not for any improper purpose, such as to harass or to

cause unnecessary delay or expense to resolve the dispute.

C. If the parties are unable to resolve a dispute through the

process specified in Part XII.A of this compact, either party can

call for mediation under the Commercial Arbitration Rules and

Mediation Procedures of the American Arbitration Association (AAA)

or any such successor procedures, provided the mediation does not

last more than 60 calendar days unless the parties agree to extend

the time. Mediation is only available for resolving disputes over

matters arising under this compact.

D. If the parties are unable to resolve a dispute through the

process under Parts XII.A and XII.C of this compact,

notwithstanding any other provision of law, the State or Tribe may

bring an action in federal district court ("federal court")

regarding any dispute arising under this compact in a district in

which the federal court has venue. If the federal court declines to

exercise jurisdiction, or federal precedent exists that rules the

federal court does not have jurisdiction over the dispute, the

State or the Tribe may bring the action in state court. The State

and the Tribe are entitled to all rights of appeal permitted by law

in the court system in which the action is brought.

E. For purposes of an action based solely on a dispute

between the State and the Tribe that arises under this compact and

the enforcement of any judgment resulting from the action, the

State and the Tribe expressly waive the right to assert sovereign

immunity from suit and from enforcement of any judgment, and

consent to be sued in all levels of federal or state court, provided

that:

1. the dispute is limited solely to issues arising under this

compact;

2. the action does not include a claim for monetary damages,

other than payment of any money required by the terms of this

compact, and injunctive relief or specific performance enforcing a

provision of this compact requiring the payment of money to the

State may be sought; and

3. nothing in this compact may be construed to constitute a

waiver of the sovereign immunity of the State or the Tribe with

respect to a third party that is made a party or intervenes as a

party in an action.

F. In the event that intervention, joinder, or other

participation by a third party in any action between the State and

the Tribe would result in the waiver of the State's or the Tribe's

sovereign immunity to the third party's claim, the waiver of the

State or the Tribe under this compact may be revoked.

G. The State may not pursue any mediation or judicial remedy

against the Tribe if the State failed to exhaust Tribal

administrative remedies.

H. Notwithstanding anything to the contrary in this part of

this compact, the Tribe's failure to remit a payment under this

compact entitles the State to seek injunctive relief in federal or

state court, at the State's sole discretion, to compel the payments

after exhausting the dispute resolution process in this part of

this compact.

PART XIII. CONSTRUCTION OF COMPACT; SEVERANCE; FEDERAL APPROVAL

A. Each provision, section, and subsection of this compact

shall stand separate and independent of every other provision. If a

federal district court in Texas or other court of competent

jurisdiction finds a provision of this compact to be invalid, the

remaining provisions of this compact remain in full force and

effect, provided that severing the invalidated provision does not

undermine the overall intent of the parties in entering into this

compact.

B. This compact is intended to meet the requirements of the

IGRA on the effective date of this compact, and where reference is

made to the IGRA, or to an implementing regulation of the IGRA, the

reference is considered to be incorporated into this document as if

fully stated in this document. Changes to the IGRA after the

effective date of this compact that diminish the rights of the State

or Tribe may not be applied to alter the terms of this compact,

except to the extent that federal law mandates retroactive

application without the respective consent of the State or Tribe.

C. The presence or absence of language in this compact that

is present in or absent from another compact between a state and

another Indian tribe may not be a factor in construing the terms of

this compact.

D. Each party shall defend the validity of this compact.

E. On execution of this compact, the Tribe shall submit the

compact to the United States Secretary of the Interior, and the

parties shall cooperate in seeking the Secretary's approval of this

compact.

F. Nothing in this compact may be construed to limit,

restrict, or regulate the Tribe's right to offer Class I and Class

II gaming as authorized under the IGRA.

PART XIV. NOTICES

A notice required under this compact must be given by

certified mail, return receipt requested, commercial overnight

courier service, or personal delivery, to:

Governor

State of Texas

1100 San Jacinto

Austin, TX 78701

Chairman - Tribal Council

Kickapoo Traditional Tribe of Texas

2212 Rosita Valley Road

Eagle Pass, TX 78852

With copies to the general counsel for each party.

PART XV. EFFECTIVE DATE AND TERM

A. This compact is effective on approval either by the United

States Secretary of the Interior as a tribal-state compact under

the IGRA or by operation of law and on publication of the notice of

approval in the Federal Register.

B. This compact has a term of 25 years beginning on the day

the compact becomes effective under Part XV.A of this compact. This

compact remains in full force and effect until the earlier of the

25th anniversary of the day the compact becomes effective or until

terminated by agreement of the parties. If either the State or the

Tribe wishes to extend the term of this compact, the party shall

notify the other at least 18 months before the date that this

compact will expire. The parties shall begin negotiations at least

12 months before the term expires.

PART XVI. AMENDMENT OF COMPACT

Amendment of this compact may only be made by written

agreement of the parties, subject to approval either by the United

States Secretary of the Interior or by operation of law and is

effective on publication of the notice of approval in the Federal

Register.

PART XVII. MISCELLANEOUS

A. Except to the extent expressly provided in this compact,

this compact does not create a right for a third party to bring an

action to enforce a term of this compact.

B. Nothing in this compact shall alter any existing memoranda of

understanding, contracts, or other agreements entered into between

the Tribe and any other federal, state, or local governmental

entity.

PART XVIII. EXECUTION

The chairman of the Tribal Council of the Kickapoo

Traditional Tribe of Texas affirms that the chairman is duly

authorized and has the authority to execute this compact on behalf

of the Tribe. The chairman also affirms that the chairman will take

all appropriate steps to effectuate the purposes and intent of this

compact.

(d) The Secretary of State may adopt rules necessary for

this state to carry out its responsibilities under this section

unless the Legislature enacts laws authorizing another state agency

to administer this section. The rules may not apply to the Tribe.

(e) All shipments of gaming equipment or other gaming

devices into, out of, or within this state authorized under this

section or a law enacted under this section are legal shipments of

the devices and are exempt from the provisions of 15 U.S.C. Sections

1171-1178 prohibiting the transportation of gambling devices.

SECTION 3. This proposed constitutional amendment shall be

submitted to the voters at an election to be held November 2, 2027.

The ballot shall be printed to permit voting for or against the

proposition: "The constitutional amendment authorizing the

Kickapoo Traditional Tribe of Texas to conduct gaming by executing

a gaming compact with this state."