78S41476 YDB-D

By:  Armbrister                                                 S.J.R. No. 7  



A JOINT RESOLUTION

proposing a constitutional amendment authorizing the operation of 
video lottery games in this state.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:                       
	SECTION 1.  Section 47, Article III, Texas Constitution, is 
amended by amending Subsection (a) and adding Subsections (f) and 
(g) 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), [and] (e), and (f) of this section.
	(f)  The Legislature by general law may authorize the State 
to control and operate a video lottery system under which 
individuals may play lottery games of chance on video lottery 
terminals owned and operated by persons licensed or otherwise 
authorized by this State in order to generate revenue solely to fund 
public education and the administration of the video lottery 
system.  The law may allow only the following legal entities to 
operate video lottery games in this State:
		(1)  an entity selected by this State through an open 
and competitive process to conduct video lottery games;
		(2)  the Ysleta del Sur Pueblo and Alabama-Coushatta 
Indian tribes, which, under an agreement with this State in the form 
prescribed by general law or negotiated by the governor and 
ratified by the Legislature, operate the games on lands held in 
trust by the United States for such tribes on May 1, 2004, pursuant 
to the Restoration Acts, 25 U.S.C. Sections 731 and 1300g, and 
designated by the tribes for video lottery activity; and
		(3)  the Kickapoo Traditional Tribe of Texas, which, 
under an agreement with this State in the form prescribed by general 
law or negotiated by the governor and ratified by the Legislature, 
operates the games on lands held in trust by the United States for 
the benefit of the tribe on which Class III gaming is permitted 
under the Indian Gaming Regulatory Act of 1988 (P.L. 100-497, 
codified at 18 U.S.C. Section 1166 et seq. and 25 U.S.C. Section 
2701 et seq.) and designated by the tribe for video lottery 
activity.
	(g)  An applicant for a license, registration, or other 
affirmative regulatory approval under a law enacted under 
Subsection (f) of this section does not have any right to the 
license, registration, or approval.  A license or registration 
issued or other approval granted to a person in accordance with a 
law enacted under Subsection (f) of this section is a revocable 
privilege, and the person does not acquire any vested right in or 
under the privilege.  The courts of this State do not have 
jurisdiction to review a decision to deny, limit, or condition a 
license, registration, or request for approval unless the judicial 
review is sought on the ground that the denial, limitation, or 
condition is based on a suspect classification, such as race, 
color, religion, sex, or national origin, in violation of the Equal 
Protection Clause of the Fourteenth Amendment to the United States 
Constitution.  The court must affirm the denial, limitation, or 
condition unless the violation is proven by clear and convincing 
evidence.
	SECTION 2.  This proposed constitutional amendment shall be 
submitted to the voters at an election to be held November 2, 2004.  
The ballot shall be printed to permit voting for or against the 
proposition:  "The constitutional amendment authorizing the 
operation of video lottery games in this state."