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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to legalize and regulate the conduct of gaming in this state in |
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counties that by local option election approve the conduct of that |
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gaming and authorizing the conduct of gaming by certain Indian |
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tribes. |
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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 Subsections (f), (g), |
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(h), (i), and (j) to 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), (f), (g), (h), and (i) of this |
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section. |
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(f) The Legislature may by general law authorize and |
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regulate the conduct of one or more types of gaming involving |
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wagering in this State and may make such a general law contingent on |
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approval by the voters at a statewide referendum. A law enacted |
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under this subsection may limit the locations in which certain |
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types of gaming may be conducted to coastal barrier islands at least |
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25 miles in length that are accessible by bridges, to dredge spoil |
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islands at least 18 miles in length located in coastal counties, and |
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to populous metropolitan areas of this State, designated by the |
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county or counties in which the island or metropolitan area is |
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located. A law enacted under this subsection must require that, |
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before any type of gaming not otherwise permitted by law to be |
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conducted in a particular county may be conducted in that county, an |
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election must be held to allow the qualified voters of the county to |
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determine by a majority vote whether that type of gaming may be |
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legally conducted in the county. |
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(g) The Legislature may provide by general law for the |
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dedication of portions of gaming revenue authorized by this section |
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and received by the State or a local government for higher |
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education, transportation, or children's health insurance program |
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purposes. |
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(h) A federally recognized Indian tribe is authorized to |
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conduct gaming on tribal land of the tribe in this State that was |
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held in trust by the United States on January 1, 2009, and that is |
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located in Polk County or El Paso County. |
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(i) If, after January 1, 2009, any person, organization, or |
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entity is permitted by the law of this State to offer gaming |
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involving wagering within 200 miles of any part of the reservation |
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of the Kickapoo Traditional Tribe of Texas located near Eagle Pass, |
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Texas, the tribe is permitted, at a location selected by the tribe |
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that is within 150 miles of any part of the reservation but not |
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within 30 miles of any horse or greyhound racetrack licensed for |
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pari-mutuel wagering that was in operation on September 1, 2009, to |
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offer the same number of games or gaming devices involving wagering |
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as any other person or entity authorized by the law of this State. |
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The gaming authorized under this subsection shall be regulated by |
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the tribe and the secretary of state. The secretary of state may |
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not adopt regulations that are more restrictive than the |
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regulations applicable to other comparable gaming licensed by the |
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State. The tribe each month shall transfer to the State in a manner |
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determined by the comptroller a percentage of the tribe's gaming |
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receipts, which may not exceed the percentage of receipts other |
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persons authorized to operate comparable gaming or gaming devices |
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must transfer to the State. |
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(j) A statewide referendum described by Subsection (f) of |
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this section that is held on the same day as the election on the |
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approval of the constitutional amendment to add Subsection (f) to |
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this section is hereby validated. This subsection expires January |
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1, 2011. |
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SECTION 2. 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 the |
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legislature to legalize and regulate the conduct of gaming in this |
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state in counties that by local option election approve the conduct |
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of that gaming and authorizing the conduct of gaming by certain |
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Indian tribes." |