HBA-EDN C.S.H.B. 514 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 514
By: Hinojosa
Criminal Jurisprudence
3/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Indian tribes in Texas that have established gaming operations on their
reservations have had success in generating revenue for tribes and the
surrounding area's economy.  Revenues generated by casinos have enabled
tribes to pay off debts, provide housing and social services for tribe
members, and reduce unemployment.  Currently, federal law recognizes only
certain Indian tribes in Texas that are allowed to conduct gaming
operations.  C.S.H.B. 514 provides a defense to prosecution for a gambling
offense for any federally recognized Indian tribe that conducts gaming
operations, permissible under the Indian Gaming Regulatory Act, on its
tribal lands.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 514 amends the Penal Code to provide that it is a defense to
prosecution for a gambling offense if the gambling or other gaming activity
(gambling) is permitted under the federal Indian Gaming Regulatory Act.
The bill provides that the gambling be conducted by a federally recognized
Indian tribe or tribal organization and conducted on premises designated by
the tribe for gambling on land that is recognized by the federal government
as tribal land of that tribe on January 1, 1999. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original bill by changing the date from
January 1, 2000 to January 1, 1999, for which it is a defense to
prosecution if gambling is conducted on tribal land which is recognized by
the federal government as tribal land by that date.