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