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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing and regulating |
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slot machines and casino games by licensed operators and certain |
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Indian tribes to provide additional money to fund transportation in |
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this state and to provide additional financial aid for higher |
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education students. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47, Article III, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsection (f) to |
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read as follows: |
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(a) The Legislature shall pass laws prohibiting lotteries |
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and gift enterprises in this State other than those authorized by |
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Subsections (b), (d), [and] (e), and (f) of this section and Section |
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47a of this article. |
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(f) The Legislature by general law may: |
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(1) authorize one or more of the following legal |
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entities to operate slot machines: |
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(A) a person licensed in this State to conduct |
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wagering on a horse race or greyhound race and licensed by this |
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State to operate slot machines at the location licensed for |
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conducting wagering on horse races or greyhound races; or |
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(B) an Indian tribe recognized by the United |
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States government under federal law that operates slot machines on |
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Indian land; and |
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(2) require all or part of this State's net revenue |
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from the regulation and taxation of casino gaming authorized under |
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Section 47a of this article and slot machines authorized under this |
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subsection to be used to provide additional money to fund |
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transportation in this State and to provide additional financial |
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aid for higher education students. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 47a to read as follows: |
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Sec. 47a. (a) The legislature by general law shall |
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authorize and regulate casino gaming conducted by: |
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(1) a person licensed by this state to conduct casino |
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gaming; or |
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(2) an Indian tribe recognized by the United States |
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government under federal law that conducts casino gaming on Indian |
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land. |
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(b) The legislature by general law shall establish a Texas |
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Gaming Commission to administer the laws regulating gaming |
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activities authorized by this section or Section 47(f) of this |
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article. The legislature may provide qualifications for membership |
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on the commission. |
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(c) The general law enacted under Subsection (a)(1) of this |
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section must authorize the Texas Gaming Commission to issue |
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licenses to conduct casino gaming to: |
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(1) nine casino-anchored destination attraction |
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development projects in this state as follows: |
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(A) seven projects located in different urban |
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areas of this state; and |
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(B) two projects located on islands in the Gulf |
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of Mexico that are tourist destinations with at least 1,000 guest |
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rooms available for visitors in hotels, motels, or condominiums |
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existing on January 1, 2009; and |
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(2) subject to any conditions or exceptions provided |
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by general law, three or more additional licensed locations. |
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(d) The commission may not award a license for a |
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casino-anchored destination attraction development project or |
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other licensed location unless the project or location meets the |
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major economic development qualifications established by this |
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subsection. To qualify for a license, a project or licensed |
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location must include total land and development costs of at least: |
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(1) $400 million for an urban area project; |
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(2) $200 million for an island tourist destination |
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project; or |
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(3) $150 million for an additional licensed location. |
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(e) Except as otherwise provided by this subsection, a local |
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option election shall be held in the manner determined by general |
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law in each county in which a person applies for a license to |
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operate casino gaming. The commission may not award a license for |
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casino gaming in any county unless a majority of the voters of the |
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county voting in the election favor the authorization of casino |
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gaming in that county. If a majority of the voters in a county voted |
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for the proposition that added this section to this constitution, |
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the county is considered to have approved the authorization of |
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casino gaming in that county by local option election as required by |
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this subsection. |
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(f) The legislature by general law may impose additional |
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restrictions on the location of casino-anchored destination |
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attraction developments or other licensed casino locations that are |
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not inconsistent with this section. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing and |
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regulating slot machines and casino games by licensed operators and |
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certain Indian tribes to provide additional money to fund |
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transportation in this state and to provide additional financial |
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aid for higher education students." |