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A JOINT RESOLUTION
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proposing a constitutional amendment to authorize online poker |
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gaming regulated under federal law. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47(a), Article III, Texas Constitution, |
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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 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) If a federal law is enacted that establishes |
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a licensing program to license the operation of online poker |
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facilities and that allows any state the option of applying the law |
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to authorize licensed online poker facilities to accept bets for |
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online poker games from individuals located in the state: |
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(1) this state is considered to have opted into the |
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application of the law; and |
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(2) the operation of any Internet gambling facility in |
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this state is subject to the provisions of the federal law. |
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(b) Any state law that conflicts with the federal law |
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described by Subsection (a) of this section is preempted and |
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superseded by the federal law. |
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(c) 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 Subsection (a) of this section, and the |
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state agency shall adopt rules necessary to implement online poker |
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in accordance with Subsection (a) of this section and the |
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applicable federal law. |
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(d) In this section: |
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(1) "Bet" means an agreement to win or lose something |
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of value solely or partially by chance. |
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(2) "Internet gambling facility" means an Internet |
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website, or similar communications facility, in which |
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transmissions may cross any state's boundaries and through which a |
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bet is initiated, received, or otherwise made and is transmitted by |
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telephone, Internet, satellite, or other wire or wireless |
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communication facility, service, or medium. The term includes an |
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online poker facility that is not operated under a license issued by |
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a licensing program established under federal law. |
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(3) "Licensed online poker facility" means an online |
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poker facility operating under a license issued and authorized by a |
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licensing program established under federal law. |
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(4) "Online poker" means any card game that for |
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consideration offers players of the game the opportunity to: |
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(A) place a bet on cards dealt out of a common |
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deck of cards to two or more players; and |
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(B) compete against each other and not against |
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the person operating the game. |
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(5) "Online poker facility" means an Internet gambling |
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facility through which a bet for a game, hand, tournament, or other |
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contest of online poker is initiated, received, or otherwise made. |
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(6) "Operate" or "operation" means to carry on, |
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maintain, or expose for play. |
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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 5, 2013. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to authorize online |
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poker gaming regulated under federal law." |