81R12803 YDB-F
By: Gonzalez Toureilles H.J.R. No. 129
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the state to
operate video lottery games at certain horse and greyhound
racetracks and providing that federally recognized Indian tribes
are not prohibited from conducting gaming on certain Indian lands.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47, Article III, Texas Constitution, is
amended by amending Subsection (a) and adding Subsection (f) 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), [and] (e), and (f) of this section and Section
47a of this article.
(f) This section does not prohibit a federally recognized
Indian tribe from conducting gaming on land in this state that was
held in trust or recognized as tribal land of the tribe by the
United States on January 1, 1998. The prohibitions provided by
Section 47a of this article do not apply to gaming by an Indian
tribe on such land.
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 may authorize this state to control and operate a
video lottery system under which individuals may play lottery games
of chance on video lottery terminals owned and operated by persons
licensed or otherwise authorized by this state at locations
determined as provided by this subsection in order to generate
revenue to provide additional money to fund state governmental
programs. The law authorizing a video lottery system must:
(1) except as otherwise provided by this section,
require this state to continually monitor the activity of each
video lottery terminal and remotely terminate the operation of a
terminal as necessary to protect the public health, welfare, or
safety or the integrity of the state lottery or to prevent financial
loss to this state;
(2) include a comprehensive registration program to
govern a person that manufactures, distributes, sells, or leases
video lottery terminals for use or play in this state and a process
to approve terminals for use in the video lottery system in
accordance with technical standards established by this state;
(3) provide for a comprehensive licensing program to
govern a person that owns, manages, or maintains video lottery
terminals operated in this state;
(4) limit the operation of video lottery games on
behalf of this state to a person licensed in this state to operate a
horse or greyhound racetrack at which wagering on horse or
greyhound racing is permitted, provided that the person may be
licensed to conduct video lottery games only at the location
licensed for conducting that wagering;
(5) prohibit and impose criminal penalties for the
possession and operation of all electronic and mechanical gaming
devices other than:
(A) video lottery terminals operated in
connection with the video lottery system; or
(B) a gaming device expressly authorized under
other state law; and
(6) prohibit the operation or possession of a video
lottery terminal that is not subject to this state's measures for
monitoring and terminating operation of the terminal required by
this subsection and does not generate revenue for this state,
except that the law may provide for limited storage or transport of
video lottery terminals as authorized by this state and for
possession of video lottery terminals by this state for testing and
evaluation.
(b) 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 video lottery in accordance with
Subsection (a) of this section as part of the state lottery.
(c) All shipments of video lottery terminals or 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.
(d) The governing body of a political subdivision of this
state may not take any action regarding the repeal or revocation of
a previous authorization by the voters of the political subdivision
to approve the legalization or conduct of pari-mutuel wagering on
horse races or greyhound races at a racetrack in that political
subdivision if the racetrack may be authorized under this section
to operate video lottery games on behalf of this state.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing a state
video lottery system to operate video lottery games at certain
horse and greyhound racetracks and providing that federally
recognized Indian tribes are not prohibited from conducting gaming
on certain Indian lands."