79R8663 YDB-F

By:  Armbrister                                                 S.J.R. No. 32 



A JOINT RESOLUTION

proposing a constitutional amendment authorizing the operation of 
video lottery games by certain Indian tribes on Indian lands. 
	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.  This 
section does not authorize any entity to operate a casino gaming 
operation in this state or a gaming operation substantially similar 
to a casino and does not authorize the Legislature to enact a law 
allowing the operation of casino gaming.
	(f)  The Legislature by general law in accordance with this 
section may authorize the operation of video lottery games of 
chance on video lottery terminals owned and operated by persons 
authorized by this state in order to generate revenue for public 
purposes.  The law must:
		(1)  except as otherwise provided by this section, 
require the continuous monitoring of the activity of each video 
lottery terminal and the remote termination of the operation of a 
terminal as necessary to protect the public health, welfare, or 
safety or to prevent financial loss to this state;
		(2)  include a comprehensive registration program to 
govern a person that manufactures, distributes, sells, or leases 
video lottery terminals for use or play in this state and a process 
to approve terminals for use in this state in accordance with 
technical standards established by this state;
		(3)  provide for a comprehensive licensing program to 
govern a person that owns, manages, or maintains video lottery 
terminals operated in this state;
		(4)  limit the operation of video lottery games on 
behalf of this state to only the following legal entities:
			(A)  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, may conduct the games 
only on Indian land designated by the applicable tribe for video 
lottery activity; and
			(B)  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, may conduct the games only on Indian land designated 
by the tribe for video lottery activity;
		(5)  prohibit and impose criminal penalties for the 
possession and operation of all electronic and mechanical gaming 
devices other than video lottery terminals authorized by a law 
enacted under this section;
		(6)  prohibit the operation or possession of a video 
lottery terminal that is not subject to measures for monitoring and 
terminating operation of the terminal required by this subsection, 
except that the law may provide for limited storage of video lottery 
terminals as authorized and supervised by this state and for 
possession of video lottery terminals by this state for testing and 
evaluation; and
		(7)  provide that 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.
	(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 8, 2005.  
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 by certain Indian 
tribes on Indian lands."