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79S10069 YDB-F
By: Ellis S.J.R. No. 7
A JOINT RESOLUTION
proposing a constitutional amendment authorizing casino gaming and
requiring creation of a Texas Gaming Commission to regulate gaming
and casino-based development projects in this state.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 47, 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), 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 legislature by general law shall
authorize and regulate casino gaming conducted by a person licensed
by this state.
(b) The legislature by general law shall establish a Texas
Gaming Commission to administer the laws regulating gaming
activities authorized by this section or Section 47 of this
article.
(b-1) The law enacted under Subsection (b) must abolish the
Texas Racing Commission and the Texas Lottery Commission and merge
the functions of those agencies into the Texas Gaming Commission
not later than January 1, 2007. This subsection expires January 1,
2008.
(c) The Texas Gaming Commission established under this
section consists of five members appointed as follows:
(1) one member appointed by the governor;
(2) one member appointed by the lieutenant governor;
(3) one member appointed by the speaker of the house of
representatives;
(4) one member appointed by the attorney general; and
(5) one member appointed by the comptroller of public
accounts.
(c-1) Not later than January 1, 2006, the initial members of
the Texas Gaming Commission shall be appointed as provided by
Subsection (c) of this section to terms as follows:
(1) the initial term of the member appointed under
Subsection (c)(1) of this section expires January 1, 2008;
(2) the initial terms of the members appointed under
Subsections (c)(2) and (4) of this section expire January 1, 2010;
and
(3) the initial terms of the members appointed under
Subsections (c)(3) and (5) of this section expire January 1, 2012.
(c-2) Subsection (c-1) of this section and this subsection
expire January 1, 2013.
(d) Members of the Texas Gaming Commission appointed under
Subsection (c) of this section serve staggered terms of six years,
with the terms of one or two members expiring January 1 of each
even-numbered year.
(e) A vacancy in a Texas Gaming Commission membership shall
be filled for the unexpired term in the same manner as the original
appointment.
(f) The general law enacted under Subsection (a) of this
section must authorize the Texas Gaming Commission to license 12
casino-anchored destination attraction development projects in
this state as follows:
(1) seven projects in urban areas, allocated by
population;
(2) two projects on islands in the Gulf of Mexico that
are tourist destinations with at least 1,000 guest rooms available
for visitors in hotels, motels, or condominiums existing on January
1, 2005; and
(3) three additional projects at locations to be
determined by the commission to achieve targeted economic
development or permanent new job creation or based on other
considerations determined appropriate by the commission.
(g) The Texas Gaming Commission may not award a license for
a casino-anchored destination attraction development project
unless the project meets the major economic development
qualifications established by this subsection. The minimum total
land and development costs for a project to qualify for a license
are as follows:
(1) $400 million for an urban area project;
(2) $200 million for an island tourist destination
project; and
(3) $150 million for an additional project.
(h) A local option election shall be held in the manner
determined by the Texas Gaming Commission in each county in which a
person applies for a license for a casino-anchored destination
attraction development project. The commission may not award a
license for a project unless a majority of the voters of the county
voting in the election favor selection of that county as the site
for a project. If a majority of the voters in a county voting in the
election to approve the constitutional amendment that added this
section to this constitution voted for the proposition, the county
is considered to have approved the selection of that county as the
site for a project.
(i) The Texas Gaming Commission may not award a license for
a casino-anchored destination attraction development project to a
person unless at least 51 percent of the development project will be
owned by residents of this state who have maintained their
principal residence in this state for not less than the two years
preceding September 1, 2005.
(i-1) Not later than June 1, 2006, the governor shall call a
special session of the legislature to establish the Texas Gaming
Commission and enact the laws necessary to implement this section
and regulate casino-anchored destination attraction development
projects. This subsection expires June 1, 2007.
(j) The legislature shall provide the initial funding for
the Texas Gaming Commission through an interest-free loan from the
Texas Enterprise Fund in the amount of $2.5 million. The commission
shall repay the loan from the first money received by the commission
from license fees received in connection with licenses for
casino-anchored destination attraction development projects.
(k) All shipments of 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 8, 2005.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment authorizing limited
casino gaming in Texas and providing for a Texas Gaming Commission
to regulate gaming and casino-based development projects in this
state."