SRC-JGS S.J.R. 7 78(4)   BILL ANALYSIS


Senate Research Center   S.J.R. 7
78S41476 YDB-DBy: Armbrister
Finance
5/11/2004
As Filed


DIGEST AND PURPOSE
 
There are three Indian tribal lands in Texas,  at El Paso, Eagle Pass, and
Livingston.  There are 10 licensed pari-mutuel racetracks around the
state, and an application has been made for an additional Class 2 horse
racetrack in Laredo. 

S.J.R. 7 proposes a constitutional amendment authorizing the operation of
video lottery games in this state under the control of the Texas Lottery
Commission.  It is anticipated that there would be a total of
approximately 35,000 video lottery terminals at these 14 locations. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 47, Article III, Texas Constitution, by
amending Subsection (a) and adding Subsections (f) and (g), as follows: 

(a)  Makes a conforming change to reflect the addition of Subsection (f)
to this section. 

(f)  Authorizes the legislature, by general law, to authorize the state to
control and operate a video lottery system under which individuals may
play games on video lottery terminals owned and operated by persons
licensed or authorized by the state, and to generate revenue for the state
solely to fund public education and the administration of the video
lottery system.  Sets forth a list of specified legal entities authorized
to operate video lottery games in Texas. 

(g)  Sets forth legislative intent for a law enacted under Subsection (f),
stating that an applicant has no right to license, registration or
affirmative regulatory approval.  Provides that a license or registration
issued under Subsection (f), is a revocable privilege, and the person has
no vested right in or under the privilege.  Provides that a Texas court
has no jurisdiction to review a decision to deny, limit, or condition a
license, registration, or request for approval, unless the judicial review
is sought based on a suspect classification, such as race, color,
religion, sex, or national origin. Requires the  court to affirm the
state's decision unless violation  is proven by clear and convincing
evidence. 

SECTION 2.  Requires this proposed constitutional amendment to be
submitted to the voters at an election to be held November 2, 2004.
Requires the ballot to be printed to permit voting for or against a
proposition.