| |
| |
|
|
A JOINT RESOLUTION
|
|
|
proposing a constitutional amendment authorizing the operation of |
|
|
five casinos in this state by licensed persons in certain |
|
|
municipalities that have approved casino gaming to provide funding |
|
|
for public education and public community colleges; 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 municipality, and not more than one casino in any one of |
|
|
the following geographic areas: |
|
|
(A) a municipality located in the metropolitan |
|
|
area of Dallas and Fort Worth; |
|
|
(B) El Paso; |
|
|
(C) a municipality located in the Houston and |
|
|
Galveston area; |
|
|
(D) San Antonio; and |
|
|
(E) Port Isabel; |
|
|
(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 public education and public community colleges; |
|
|
(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 municipality described by |
|
|
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 municipality unless a majority of the |
|
|
voters of the municipality voting in the election favor the |
|
|
authorization of casino gaming in that municipality. If a majority |
|
|
of the voters in a municipality voted for the proposition that added |
|
|
this section to this constitution, the municipality is considered |
|
|
to have approved the authorization of casino gaming in that |
|
|
municipality 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 municipalities that have approved casino gaming to provide |
|
|
funding for public education and public community colleges." |