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SENATE JOINT RESOLUTION
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proposing a constitutional amendment, to be submitted to the voters |
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of Texas for approval, authorizing the legislature to strictly |
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regulate and authorize casino gaming and sports wagering by general |
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law and establishing certain requirements for such law, including |
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establishment of a state agency with powers to regulate all |
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lotteries and gift enterprises, imposition of a tax on casino |
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gaming and sports wagering revenue, requiring licensing of casino |
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gaming and sports wagering operators, and requiring license |
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application fees. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47, Article III, Texas Constitution, is |
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amended by amending Subsection (a) and adding Subsection (f) to |
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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), and (f) of this section. |
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(f) The Legislature by general law may authorize and |
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strictly regulate casino gaming and sports wagering conducted in |
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this state. Such law must: |
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(1) define the activities that constitute casino |
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gaming and sports wagering; |
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(2) require licenses and license application fees for |
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casino gaming and sports wagering operators; |
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(3) establish a commission as a state agency, directly |
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funded by state lottery proceeds and tax revenue and license |
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application fees from casino gaming and sports wagering, that shall |
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have law enforcement powers, including investigative, enforcement, |
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and audit authority, to determine whether a lottery or gift |
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enterprise is authorized by law, strictly regulate all lotteries |
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and gift enterprises authorized by law, and enforce prohibitions of |
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lotteries and gift enterprises that are not licensed or authorized |
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by law; |
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(4) direct the commission to determine where licensed |
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casino facilities may be located, where sports wagering may be |
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conducted, and establish and administer the license application |
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process; |
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(5) restrict the conduct of casino gaming, as defined |
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by the Legislature, to onsite casino gaming at a licensed casino |
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gaming operator's physical premises in this state; |
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(6) limit the total number of casino gaming licenses |
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and locations to no more than 10 licensed facilities in this state, |
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and provide license terms of at least 40 years; |
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(7) establish a tax on casino gaming and sports |
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wagering revenue of not more than 15 percent; |
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(8) prohibit the imposition of any additional tax or |
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fee by the state or political subdivision of the state on casino |
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gaming revenue or sports wagering revenue, or on the |
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non-casino-gaming revenue or non-sports-wagering revenue of a |
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license holder's operations, other than a tax or fee generally |
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applicable to a business operating in this state; and |
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(9) establish a process for this state to negotiate in |
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good faith and execute in a timely manner, a Tribal-State gaming |
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compact with any of the three existing federally recognized Indian |
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tribes with Indian lands in this state to conduct Class III Indian |
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gaming on a Tribe's existing lands, and as prescribed by the Indian |
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Gaming Regulatory Act (Pub. L. 100-479), consistent with the |
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provisions in 25 U.S.C. Section 2710(d), and upon the request of the |
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tribe. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 4, 2025. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment to permit the |
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Legislature, by general law, to authorize and strictly regulate |
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casino gaming at a limited number of locations and sports wagering |
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in this state, require licenses and license application fees for |
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casino gaming and sports wagering operators, establish a gaming |
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revenue tax on casino gaming and sports wagering operators of not |
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more than 15 percent, and establish a state agency, funded by state |
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lottery proceeds and the fees and taxes paid by casino gaming and |
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sports wagering operators, to regulate all lotteries, casino |
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gaming, and sports wagering." |