86R3316 BEE-D
 
  By: Dutton H.J.R. No. 49
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the operation of
  five casinos in this state by licensed persons in certain counties
  that have approved casino gaming to provide funding for
  prekindergarten programs; providing for the requirement of
  occupational licenses, the authorization of fees, the imposition of
  a tax, and the provision of criminal penalties.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 47(a), 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), (d-1), 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 to
  conduct casino gaming. The law must:
               (1)  limit casino gaming operations in this state to
  gaming operated by persons licensed in this state to operate casino
  gaming at not more than five casinos, with not more than one casino
  in any one county, and only in the following counties:
                     (A)  Bexar County;
                     (B)  Dallas County;
                     (C)  El Paso County;
                     (D)  Galveston County; and
                     (E)  Harris County;
               (2)  impose a tax on casino gaming operations in this
  state;
               (3)  require net revenue from the regulation and
  taxation of casino gaming authorized under this section to be used
  to fund prekindergarten programs under Subchapter E or E-1, Chapter
  29, Education Code;
               (4)  provide:
                     (A)  a comprehensive licensing program, including
  necessary background investigations and license fees, 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 agency
  responsible for the licensing program 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 and gaming operations in the state, and to prevent financial
  loss to this state; and
               (5)  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.
         (b)  A local option election shall be held in the manner
  determined by general law in each county listed in Subsection
  (a)(1) of this section in which a person applies for a license to
  operate casino gaming.  The state agency responsible for licensing
  persons to operate casino gaming may not award a license for casino
  gaming in any county unless a majority of the voters of the county
  voting in the election favor the authorization of casino gaming in
  that county.  If a majority of the voters in a county voted for the
  proposition that added this section to this constitution, the
  county is considered to have approved the authorization of casino
  gaming in that county by local option election as required by this
  subsection.
         (c)  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.
         (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.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 5, 2019.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment authorizing the
  operation of five casinos in this state by licensed persons in
  certain counties that have approved casino gaming to provide
  funding for prekindergarten programs."