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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the operation of |
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12 casinos in this state by licensed persons in counties that have |
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approved casino gaming; authorizing the licensing of persons |
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engaged in casino gaming occupations, the imposition of fees, and |
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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 12 licensed casinos; |
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(2) 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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(3) 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 in which a person applies |
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for a license to operate casino gaming. The state agency |
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responsible for licensing persons to operate casino gaming may not |
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award a license for casino gaming in any county unless a majority of |
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the voters of the county voting in the election favor the |
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authorization of casino gaming in that county. If a majority of the |
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voters in a county voted for the proposition that added this section |
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to this constitution, the county is considered to have approved the |
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authorization of casino gaming in that county by local option |
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election as required by this 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 12 casinos in this state by licensed persons in |
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counties that have approved casino gaming." |