80R1166 JPL-D

By: Chavez H.J.R. No. 10

A JOINT RESOLUTION

proposing a constitutional amendment permitting recognized Indian tribes to conduct gambling or other gaming activity on certain tribal land.

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) A federally recognized Indian tribe may conduct gambling or other gaming activity that would otherwise be subject to the prohibition prescribed by Subsection (a) of this section if:

(1) the gaming is conducted on land:

(A) recognized as tribal land by the federal government on January 1, 2006; and

(B) located in a county that has a population of 650,000 or more and is located on an international border; and

(2) five percent of all revenue derived from the gaming is remitted to the State.

(g) Revenue received under Subsection (f)(2) of this section may be used only to fund the Texas Grant Program or a comparable college-level student financial aid program. In exchange for revenue remitted under Subsection (f)(2) of this section, the State shall grant the tribe territorial exclusivity in the operation and conduct of casino gaming in the county where the tribe conducts gaming and in any additional territory provided by general law.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment authorizing recognized Indian tribes to conduct gambling or other gaming activity on certain tribal land and directing that a portion of the funds be used for student financial aid."