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79S31419 YDB-F
By: Pickett H.J.R. No. 37
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature
to legalize the operation of video lottery games in counties or
municipalities in which the voters have approved the operation of
the games and by certain Indian tribes on Indian land.
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), and (e) of this section and Section 47a of
this article. This section or Section 47a does not authorize:
(1) any entity to operate casino gaming in this state
or a gaming operation substantially similar to a casino; or
(2) the Legislature to enact a law allowing the
operation of casino gaming.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 47a to read as follows:
Sec. 47a. (a) The Legislature by general law in accordance
with this section may authorize this state, as part of the lotteries
authorized under Section 47(e) of this article, to strictly
regulate, 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 to fund public
education and administer the video lottery system. The law must:
(1) provide a comprehensive licensing program to
govern a person that owns, manages, maintains, manufactures,
distributes, sells, or leases video lottery terminals for use or
play in this state and a process to approve and continuously monitor
terminals in the video lottery system as necessary to protect the
public health, welfare, safety, or the integrity of the state
lottery or to prevent financial loss to this state;
(2) limit the operation of video lottery games on
behalf of this state to not more than 17 video lottery
establishments operated by the following legal entities:
(A) a person licensed in this state to operate a
video lottery establishment in a county or municipality in which
the voters have approved the operation of the games;
(B) 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, may conduct the games only on land held in trust by
the United States for such tribes on January 1, 1998, pursuant to
the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of
Texas Restoration Acts (25 U.S.C. Section 731 et seq. and 1300g et
seq.) and designated by the applicable tribe for video lottery
activity; and
(C) 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, may conduct the games
only on land held in trust by the United States for the benefit of
the tribe on which Class III gaming may be permitted under the
Indian Gaming Regulatory Act of 1988 (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;
(3) authorize this state to impose and collect state
taxes on the purchase, use, or other consumption of a good or
service at a video lottery facility on tribal land by a person who
is not a member of the Indian tribe operating the facility;
(4) prohibit and impose criminal penalties for the
possession and operation of all electronic and mechanical gaming
devices other than video lottery terminals operated in connection
with the video lottery system or gaming devices otherwise
authorized by state law;
(5) prohibit any restriction under state law on the
number of video lottery establishments a person may operate if the
person is otherwise qualified to operate video lottery games under
applicable law; and
(6) provide that:
(A) net revenue generated from video lottery
terminals located at licensed video lottery establishments shall be
distributed as provided by general law; and
(B) net revenue generated from video lottery
terminals operated by an Indian tribe on Indian lands shall be
distributed as set forth in the agreement authorizing the tribe to
operate video lottery games.
(b) An applicant for a license or other approval under a law
enacted under Subsection (a) of this section does not have any right
to the license or approval. A license issued or other approval
granted to a person in accordance with a law enacted under
Subsection (a) of this section is a revocable privilege, and the
person does not acquire any vested right in or under the privilege.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2006.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
legislature to permit the operation of video lottery games in
counties or municipalities in which the voters have approved the
operation of the games and by certain Indian tribes on Indian land."