82R12498 YDB-F
 
  By: Thompson H.J.R. No. 152
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the operation of
  casino games in this state by federally recognized Indian tribes on
  certain land and by licensed operators at horse and greyhound
  racetracks and licensed locations.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 47, Article III, Texas
  Constitution, is amended 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) of this section and by Section 47a of
  this article.
         SECTION 2.  Article III, Texas Constitution, is amended by
  adding Section 47a to read as follows:
         Sec. 47a.  (a)  The legislature by general law in accordance
  with this section shall authorize the operation of casino gaming in
  this state in which individuals for consideration play games of
  chance that award prizes and are operated by persons licensed or
  otherwise authorized by this state to conduct casino gaming.  The
  law must:
               (1)  limit casino gaming operations in this state to
  gaming operated by:
                     (A)  federally recognized Indian tribes operating
  under state law or under a compact with this state in the form
  prescribed by general law or negotiated by the secretary of state,
  on land held in trust by the United States for such tribes on
  January 1, 2011, or land acquired by the tribes that is not more
  than five miles from the border of the land held in trust by the
  tribes on January 1, 2011, and designated by the applicable tribe
  for casino gaming operations;
                     (B)  a person licensed in this state to operate a
  horse or greyhound racetrack at which pari-mutuel wagering on horse
  or greyhound racing is authorized, provided that the law may permit
  casino gaming operations only at the location licensed as of
  January 1, 2011, for conducting pari-mutuel wagering; and
                     (C)  a person licensed in this state to operate
  casino gaming at a licensed location;
               (2)  provide for the regulation of all casino gaming by
  agencies of this state and the Indian tribes;
               (3)  provide:
                     (A)  a comprehensive certification or licensing
  program, including necessary background investigations, to govern
  a person that manages casino gaming operations in this state or that
  maintains, manufactures, distributes, sells, or leases casino
  games for use or play in this state;
                     (B)  procedures for the state agency responsible
  for conducting criminal background investigations for the state to
  provide criminal background information to the state and tribal
  agencies responsible for certification or licensing under
  Paragraph (A) of this subdivision; and
                     (C)  procedures for the monitoring and inspection
  of casino gaming operations as necessary to protect the public
  health, welfare, and safety, to preserve the integrity of this
  state, the Indian tribes, and gaming operations in the state, and to
  prevent financial loss to this state and the tribes;
               (4)  prohibit and impose criminal penalties for the
  possession and operation of all gaming devices other than devices
  operated in connection with authorized casino gaming operations or
  gaming devices otherwise authorized by state law; and
               (5)  provide that not less than eight percent of the
  gross gaming revenue generated from casino gaming operated by an
  Indian tribe shall be transferred to this state in accordance with
  the conditions set forth in the compact authorizing the tribe to
  operate casino gaming operations or as provided by general law.
         (b)  In the absence of enabling legislation to implement
  Subsection (a) of this section, the authority of this state to
  operate lotteries under Section 47(e) of this article includes the
  authority of the state agency that operates state lotteries to
  adopt rules to implement casino gaming operations in accordance
  with Subsection (a) of this section, and the state agency shall
  adopt rules to implement casino gaming operations in accordance
  with Subsection (a) of this section.
         (c)  The legislature may authorize a portion of the revenue
  received by this state from the operation of casino gaming under
  this section to be distributed to counties and municipalities
  impacted by those activities.
         (d)  All shipments of casino gaming equipment or other gaming
  devices into, out of, or within this state authorized under this
  section or a law enacted under this section are legal shipments of
  the devices and are exempt from the provisions of 15 U.S.C. Sections
  1171-1178 prohibiting the transportation of gambling devices.
         SECTION 3.  The following temporary provision is added to
  the Texas Constitution:
         TEMPORARY PROVISION. (a)  This temporary provision applies
  to the constitutional amendment proposed by the 82nd Legislature,
  Regular Session, 2011, authorizing the operation of casino games in
  this state by federally recognized Indian tribes on certain land
  and by licensed operators at horse and greyhound racetracks and
  licensed locations.
         (b)  Not later than December 15, 2011, the executive director
  of the Texas Lottery Commission shall appoint an Indian Gaming
  Advisory Committee to assist the Texas Lottery Commission with
  implementing Section 47a, Article III, of this constitution. The
  advisory committee must include the following:
               (1)  one member with understanding and experience
  working in the Indian gaming industry;
               (2)  one member with experience and knowledge in casino
  gaming regulation;
               (3)  three members to represent the federally
  recognized Indian tribes in this state, one from each tribe;
               (4)  one member with understanding and experience
  working in the horse or greyhound racing industry; and
               (5)  other members the executive director considers
  necessary.
         (c)  Not later than December 31, 2011, the Texas Lottery
  Commission shall adopt the rules, including any emergency rules,
  necessary to implement Section 47a, Article III, of this
  constitution.
         (d)  This temporary provision expires January 1, 2013.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 8, 2011.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment authorizing the
  operation of casino games in this state by federally recognized
  Indian tribes on certain land and by licensed operators at horse and
  greyhound racetracks and licensed locations."