80R5390 BEF-D

By: Ritter H.J.R. No. 58

A JOINT RESOLUTION

proposing a constitutional amendment authorizing the legislature to authorize casino gaming, to authorize the operation of video lottery games by licensed horse and greyhound racetrack operators, licensed casino operators, and recognized Indian tribes, and to regulate the locations at which casino gaming may be conducted, and establishing a higher education trust fund from state gaming revenues to pay tuition and fees for the postsecondary education of Texas high school graduates.

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:

(1) authorize and provide for the regulation of casino gaming conducted by the holder of a license issued by this State for that purpose, including regulation of the locations at which casino gaming may be conducted;

(2) authorize one or more of the following legal entities to operate video lottery games:

(A) a person licensed in this State to conduct wagering on a horse race or greyhound race and licensed by this State to operate video lottery games on behalf of this State at the location licensed for conducting wagering on horse races or greyhound races;

(B) a person licensed by this State to operate video lottery games on behalf of this State at a location at which the person is licensed to conduct casino gaming; or

(C) an Indian tribe recognized by the United States government under federal law and authorized to operate video lottery games under an agreement negotiated with this State on land over which the tribe exercises governmental power; and

(3) require all or part of this State's net revenue from the regulation and taxation of casino gaming and video lottery games to be deposited in a higher education trust fund that:

(A) is held outside the state treasury;

(B) is administered under the direction of the comptroller; and

(C) may be used only as provided by law to pay tuition and fees for the postsecondary education of Texas high school graduates.

(g) For purposes of Subsection (f) of this section, "video lottery game" means any game of chance, including a game of chance in which the outcome may be partially determined by skill or ability, that for consideration may be played by an individual on an electronic machine or video display and in which the player may win a thing of value each time the game is played, regardless of whether the game is authorized as a lottery under Subsection (e) of this section.

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 provide for voting for or against the proposition: "The constitutional amendment authorizing the legislature to authorize casino gaming in Texas, to authorize the operation of video lottery games by licensed horse or greyhound racetrack operators, licensed casino operators, and recognized Indian tribes, and to regulate the locations at which casino gaming may be conducted, and establishing a higher education trust fund using state revenue from casino gaming and video lottery games to pay tuition and fees for the postsecondary education of Texas high school graduates."