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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the state to |
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operate video lottery games at certain horse and greyhound |
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racetracks and providing that federally recognized Indian tribes |
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are not prohibited from conducting gaming on certain Indian lands. |
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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) This section does not prohibit a federally recognized |
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Indian tribe from conducting gaming on land in this state that was |
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held in trust or recognized as tribal land of the tribe by the |
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United States on January 1, 1998. The prohibitions provided by |
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Section 47a of this article do not apply to gaming by an Indian |
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tribe on such land. |
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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 in accordance |
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with this section may authorize this state to control and operate a |
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video lottery system under which individuals may play lottery games |
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of chance on video lottery terminals owned and operated by persons |
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licensed or otherwise authorized by this state at locations |
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determined as provided by this subsection in order to generate |
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revenue to provide additional money to fund state governmental |
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programs. The law authorizing a video lottery system must: |
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(1) except as otherwise provided by this section, |
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require this state to continually monitor the activity of each |
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video lottery terminal and remotely terminate the operation of a |
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terminal as necessary to protect the public health, welfare, or |
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safety or the integrity of the state lottery or to prevent financial |
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loss to this state; |
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(2) include a comprehensive registration program to |
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govern a person that manufactures, distributes, sells, or leases |
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video lottery terminals for use or play in this state and a process |
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to approve terminals for use in the video lottery system in |
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accordance with technical standards established by this state; |
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(3) provide for a comprehensive licensing program to |
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govern a person that owns, manages, or maintains video lottery |
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terminals operated in this state; |
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(4) limit the operation of video lottery games on |
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behalf of this state to a person licensed in this state to operate a |
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horse or greyhound racetrack at which wagering on horse or |
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greyhound racing is permitted, provided that the person may be |
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licensed to conduct video lottery games only at the location |
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licensed for conducting that wagering; |
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(5) prohibit and impose criminal penalties for the |
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possession and operation of all electronic and mechanical gaming |
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devices other than: |
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(A) video lottery terminals operated in |
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connection with the video lottery system; or |
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(B) a gaming device expressly authorized under |
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other state law; and |
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(6) prohibit the operation or possession of a video |
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lottery terminal that is not subject to this state's measures for |
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monitoring and terminating operation of the terminal required by |
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this subsection and does not generate revenue for this state, |
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except that the law may provide for limited storage or transport of |
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video lottery terminals as authorized by this state and for |
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possession of video lottery terminals by this state for testing and |
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evaluation. |
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(b) In the absence of enabling legislation to implement |
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Subsection (a) of this section, the authority of this state to |
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operate lotteries under Section 47(e) of this article includes the |
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authority of the state agency that operates state lotteries to |
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adopt rules to implement video lottery in accordance with |
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Subsection (a) of this section as part of the state lottery. |
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(c) All shipments of video lottery terminals or gaming |
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devices into, out of, or within this state authorized under this |
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section or a law enacted under this section are legal shipments of |
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the devices and are exempt from the provisions of 15 U.S.C. Sections |
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1171-1178, prohibiting the transportation of gambling devices. |
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(d) The governing body of a political subdivision of this |
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state may not take any action regarding the repeal or revocation of |
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a previous authorization by the voters of the political subdivision |
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to approve the legalization or conduct of pari-mutuel wagering on |
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horse races or greyhound races at a racetrack in that political |
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subdivision if the racetrack may be authorized under this section |
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to operate video lottery games on behalf of this state. |
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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 a state |
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video lottery system to operate video lottery games at certain |
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horse and greyhound racetracks and providing that federally |
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recognized Indian tribes are not prohibited from conducting gaming |
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on certain Indian lands." |