89R11878 BEE-F     By: Morales of Maverick H.J.R. No. 156       A 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, 2025, video lottery terminals, slot   machines, or other forms of gaming not otherwise authorized before   that date are authorized under state law within 200 miles of the   boundary of the reservation of the Kickapoo Traditional Tribe of   Texas near Eagle Pass, Texas, the tribe is authorized to offer the   same types of games or devices, including any form of mobile gaming,   as authorized under state law at a location the tribe designates.   The number of games or devices authorized at the location is equal   to any maximum number of games or devices authorized under state law   for other gaming locations. The location must be on land in this   state owned or leased by the Kickapoo Traditional Tribe of Texas.   The gaming authorized under this subsection 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 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 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, a wager made   through a mobile or other electronic device by a player physically   located in Texas but not on the Tribe's Indian lands shall be   considered for regulatory purposes to occur exclusively where   received at the location of the servers or other devices used to   conduct that 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 regarding   mobile gaming regulation, 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, 2025, 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, or   another type of table gaming game, 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 4, 2025.   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."