87R540 BEE-D     By: Deshotel H.J.R. No. 26       A JOINT RESOLUTION   proposing a constitutional amendment to authorize the operation of   casino gaming in certain state coastal areas to provide additional   money for residual windstorm insurance coverage and catastrophic   flooding assistance in those areas and to authorize the Kickapoo   Traditional Tribe of Texas to conduct casino gaming by executing a   gaming compact with this state; providing for occupational   licensing; authorizing fees; 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 by Sections   47a and 47b of this article.          SECTION 2.  Article III, Texas Constitution, is amended by   adding Sections 47a and 47b to read as follows:          Sec. 47a.  (a) The legislature by general law in accordance   with this section shall authorize the operation of casino gaming in   this state in which individuals for consideration play games of   chance that award prizes and are operated by persons licensed or   otherwise authorized by this state to conduct casino gaming to   provide additional money for residual windstorm insurance coverage   and catastrophic flooding assistance in this state's coastal areas.   A general law enacted in accordance with this section must:                (1)  allow casino gaming operated by appropriately   licensed persons at not more than nine licensed locations in this   state that are within 200 miles of the Gulf of Mexico;                (2)  provide:                      (A)  a comprehensive licensing and certification   program, including necessary criminal background investigations   and licensing and certification fees, to govern a person that   manages casino gaming operations in this state, that acts as a   gaming employee, or that maintains, manufactures, distributes,   sells, or leases casino games for use or play in this state;                      (B)  procedures for the state agency responsible   for conducting criminal background investigations for the state to   provide criminal background information to the state agency   responsible for licensing and certification under Paragraph (A) of   this subdivision; and                      (C)  procedures for monitoring and inspecting   casino gaming operations as necessary to protect the public health,   welfare, and safety, to preserve the integrity of this state and   gaming operations in the state, and to prevent financial loss to   this state; and                (3)  prohibit and impose criminal penalties for the   possession and operation of all gaming devices other than devices   operated in connection with authorized casino gaming operations or   gaming devices otherwise authorized by state law, including a   compact executed in accordance with Section 47b of this article.          (b)  In the general law enacted in accordance with Subsection   (a) of this section, the legislature may designate the counties in   which a casino gaming operator's license may be issued.          (c)  All shipments of casino 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.          Sec. 47b.  (a) The chairman of the federally recognized   Kickapoo Traditional Tribe of Texas may execute a compact   containing the terms set forth in Subsection (c) of this section on   receipt of a duly enacted resolution of the governing body of the   tribe authorizing the chairman to execute the compact and on   provision of a copy of the resolution to the governor. The governor   or this state is not required to take any further action before the   compact becomes effective. The executed compact constitutes a   gaming compact between this state and the tribe 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, 2022, the state by general law or   constitutional amendment authorizes video lottery terminals, slot   machines, or other forms of gaming not otherwise authorized before   that date within 200 miles of the boundary of the Kickapoo   Traditional Tribe's reservation near Eagle Pass, Texas, the tribe   is authorized to offer at a location designated by the tribe the   same types of games or devices as authorized under that law or   amendment. The number of games or devices authorized at the   location is equal to the maximum number of games or devices   authorized under that law or amendment for other gaming locations.   The location must be on land owned or leased by the tribe that is   within 300 miles of the boundary of the Kickapoo Traditional   Tribe's reservation but may not be within 30 miles of a racetrack   that holds a license under state law to conduct pari-mutuel   wagering on horse racing or greyhound racing on the effective date   of the compact executed under Subsection (a) of this section.          (c)  The tribe and the secretary of state shall regulate the   gaming authorized under Subsection (b) of this section. The   secretary of state may not adopt a rule on gaming conducted by the   tribe that is more restrictive than a rule applicable to other   comparable gaming licensed by this state. A tax or fee may not be   imposed on the tribe in an amount that exceeds the amount of a tax or   fee imposed on the operators of other gaming locations or   facilities in this state.          (d)  A 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 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 Compact."   PART II. RECITALS          1.  The Tribe is a federally recognized tribal government   with sovereign powers and rights of self-government. The Tribe is   the only tribe in the State with 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 agreement 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 to be available to the Tribe   by the United States Department of the Interior, video lottery   terminals, and any game of chance authorized by State law for any   person after the effective date of this compact.                E.  "Covered game employee" or "covered 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   includes:                      1.  managers and assistant managers;                      2.  accounting personnel;                      3.  commission officers;                      4.  surveillance and security personnel;                      5.  cashiers, supervisors, and floor personnel;                      6.  cage personnel; and                      7.  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.                "Covered game employee" or "covered employee" 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 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 made by the   Tribe to a supplier on a periodic basis for the right to lease or   otherwise offer for play a gaming device not owned by the Tribe for   a covered gaming activity. A participation fee may be a royalty   payment or lease payment. The Tribe acknowledges that 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.                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 operated by   the Tribe.   PART IV. AUTHORIZATION AND LOCATION OF COVERED GAMES          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.   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 must comply with and all covered games   must be operated in accordance with this compact. All facilities   must be operated in strict compliance with tribal internal control   standards that must provide a level of control that equals or   exceeds the minimum internal control standards established by the   National Indian Gaming Commission as the standards existed on the   effective date of this compact, regardless of whether the standards   are subsequently repealed or replaced, or the most recent minimum   internal control standards established by the National Indian   Gaming Commission on the effective date if the National Indian   Gaming Commission does not have any minimum internal control   standards in effect on the effective date.          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 that include 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 that the patron's   name be placed on the list of patrons voluntarily excluded from the   Tribe's facilities.                6.  All covered game employees 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 to prevent problem gaming and must   specify locations at which 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 failing to instruct 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 as 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 made 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 person 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 individuals 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 shall make available a copy   of the following documents to any member of the public on request:                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; LIMITED   CONSENT TO SUIT          A.  All patron disputes shall be resolved under the   procedures established by Section 11 of the Tribe's Gaming   Ordinance.          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 purpose of providing   coverage for a tort claim. The insurance must have liability limits   of not less than $250,000 for any one person and $500,000 for any   one occurrence for personal injury, and $100,000 for any one   occurrence for property damage, or the corresponding limits under   Section 101.023(a), Texas Civil Practice and Remedies Code,   whichever is greater. A tort claim, including a claim for   compensatory and punitive damages, costs, prejudgment interest,   and attorney's fees arising out of any claim brought or asserted   against the Tribe, its subordinate governmental and economic units,   and any Tribal officials, employees, servants, or agents in their   official capacities, may not be paid in an amount that exceeds the   limits of liability of insurance.          C.  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 that has   been awarded, the failure to award a prize, or the right to receive   a refund.   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 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 the covered game is conducted in compliance   with this compact. 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 document of the facility 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 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. Parts 556 and 558 and   applicable licensing requirements in the Tribe's Gaming Ordinance.   PART XI. PAYMENTS TO THE STATE OF TEXAS          A.  The parties acknowledge and recognize that 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, 2022, authorize or allow the   operation of any additional form of gaming, including slot   machines, video lottery terminals, video pull-tab games,   electronic bingo, banked and banking card games, or another type of   table gaming game, not otherwise authorized 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 may 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 that the mediation   does not last more than 15 calendar days unless the parties agree to   an extension to this time limit. 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 that   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 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   set in full. 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 that 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   State Insurance Building   1100 San Jacinto   Austin, TX 78701   Chairman - Tribal Council   Kickapoo Traditional Tribe of Texas   HCR1 9700   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 be made only 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.          (e)  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.          (f)  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, 2021.   The ballot shall be printed to permit voting for or against the   proposition: "The constitutional amendment authorizing the   operation of casino gaming in certain state coastal areas to   provide additional money for residual windstorm insurance coverage   and catastrophic flooding assistance in those areas and authorizing   the Kickapoo Traditional Tribe of Texas to conduct casino gaming by   executing a gaming compact with this state."