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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the operation of |
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five casinos in this state by licensed persons in certain counties |
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that have approved casino gaming to provide funding for |
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prekindergarten programs; providing for the requirement of |
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occupational licenses, the authorization of fees, the imposition of |
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a tax, and the provision of criminal penalties. |
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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), (d-1), and (e) of this section and by Section |
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47a of 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 to |
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conduct casino gaming. The law must: |
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(1) limit casino gaming operations in this state to |
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gaming operated by persons licensed in this state to operate casino |
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gaming at not more than five casinos, with not more than one casino |
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in any one county, and only in the following counties: |
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(A) Bexar County; |
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(B) Dallas County; |
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(C) El Paso County; |
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(D) Galveston County; and |
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(E) Harris County; |
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(2) impose a tax on casino gaming operations in this |
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state; |
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(3) require net revenue from the regulation and |
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taxation of casino gaming authorized under this section to be used |
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to fund prekindergarten programs under Subchapter E or E-1, Chapter |
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29, Education Code; |
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(4) provide: |
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(A) a comprehensive licensing program, including |
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necessary background investigations and license fees, to govern a |
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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 agency |
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responsible for the licensing program under Paragraph (A) of this |
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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 and gaming operations in the state, and to prevent financial |
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loss to this state; and |
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(5) 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. |
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(b) A local option election shall be held in the manner |
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determined by general law in each county listed in Subsection |
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(a)(1) of this section in which a person applies for a license to |
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operate casino gaming. The state agency responsible for licensing |
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persons to operate casino gaming may not award a license for casino |
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gaming in any county unless a majority of the voters of the county |
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voting in the election favor the authorization of casino gaming in |
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that county. If a majority of the voters in a county voted for the |
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proposition that added this section to this constitution, the |
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county is considered to have approved the authorization of casino |
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gaming in that county by local option election as required by this |
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subsection. |
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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 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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(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. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2019. |
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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 five casinos in this state by licensed persons in |
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certain counties that have approved casino gaming to provide |
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funding for prekindergarten programs." |