87R4957 BEE-D
 
  By: Gutierrez S.J.R. No. 36
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the operation of
  12 casinos in this state by licensed persons in counties that have
  approved casino gaming; authorizing the licensing of persons
  engaged in casino gaming occupations, the imposition of fees, 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 12 licensed casinos;
               (2)  provide:
                     (A)  a comprehensive licensing program, including
  necessary criminal background investigations and license fees, to
  govern a person who manages casino gaming operations in this state
  or who 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 monitoring and inspecting
  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
               (3)  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 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 an election held for that purpose
  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 2, 2021.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment authorizing the
  operation of 12 casinos in this state by licensed persons in
  counties that have approved casino gaming."