| 1 | 1 | | 81R30010 YDB-F |
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| 2 | 2 | | By: Kuempel, Quintanilla, Gutierrez, H.J.R. No. 137 |
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| 3 | 3 | | Menendez, Alvarado |
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| 4 | 4 | | Substitute the following for H.J.R. No. 137: |
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| 5 | 5 | | By: Menendez C.S.H.J.R. No. 137 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A JOINT RESOLUTION |
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| 9 | 9 | | proposing a constitutional amendment authorizing the legislature |
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| 10 | 10 | | to legalize and regulate the conduct of gaming in this state in |
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| 11 | 11 | | counties that by local option election approve the conduct of that |
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| 12 | 12 | | gaming and authorizing the conduct of gaming by certain Indian |
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| 13 | 13 | | tribes. |
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| 14 | 14 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 47, Article III, Texas Constitution, is |
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| 16 | 16 | | amended by amending Subsection (a) and adding Subsections (f), (g), |
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| 17 | 17 | | (h), (i), and (j) to read as follows: |
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| 18 | 18 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 19 | 19 | | and gift enterprises in this State other than those authorized by |
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| 20 | 20 | | Subsections (b), (d), [and] (e), (f), (g), (h), and (i) of this |
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| 21 | 21 | | section. |
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| 22 | 22 | | (f) The Legislature may by general law authorize and |
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| 23 | 23 | | regulate the conduct of one or more types of gaming involving |
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| 24 | 24 | | wagering in this State and may make such a general law contingent on |
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| 25 | 25 | | approval by the voters at a statewide referendum. A law enacted |
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| 26 | 26 | | under this subsection may limit the locations in which certain |
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| 27 | 27 | | types of gaming may be conducted to coastal barrier islands at least |
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| 28 | 28 | | 25 miles in length that are accessible by bridges, to dredge spoil |
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| 29 | 29 | | islands at least 18 miles in length located in coastal counties, and |
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| 30 | 30 | | to populous metropolitan areas of this State, designated by the |
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| 31 | 31 | | county or counties in which the island or metropolitan area is |
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| 32 | 32 | | located. A law enacted under this subsection must require that, |
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| 33 | 33 | | before any type of gaming not otherwise permitted by law to be |
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| 34 | 34 | | conducted in a particular county may be conducted in that county, an |
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| 35 | 35 | | election must be held to allow the qualified voters of the county to |
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| 36 | 36 | | determine by a majority vote whether that type of gaming may be |
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| 37 | 37 | | legally conducted in the county. |
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| 38 | 38 | | (g) The Legislature may provide by general law for the |
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| 39 | 39 | | dedication of portions of gaming revenue authorized by this section |
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| 40 | 40 | | and received by the State or a local government for higher |
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| 41 | 41 | | education, transportation, or children's health insurance program |
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| 42 | 42 | | purposes. |
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| 43 | 43 | | (h) A federally recognized Indian tribe is authorized to |
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| 44 | 44 | | conduct gaming on tribal land of the tribe in this State that was |
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| 45 | 45 | | held in trust by the United States on January 1, 2009, and that is |
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| 46 | 46 | | located in Polk County or El Paso County. |
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| 47 | 47 | | (i) If, after January 1, 2009, any person, organization, or |
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| 48 | 48 | | entity is permitted by the law of this State to offer gaming |
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| 49 | 49 | | involving wagering within 200 miles of any part of the reservation |
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| 50 | 50 | | of the Kickapoo Traditional Tribe of Texas located near Eagle Pass, |
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| 51 | 51 | | Texas, the tribe is permitted, at a location selected by the tribe |
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| 52 | 52 | | that is within 150 miles of any part of the reservation but not |
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| 53 | 53 | | within 30 miles of any horse or greyhound racetrack licensed for |
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| 54 | 54 | | pari-mutuel wagering that was in operation on September 1, 2009, to |
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| 55 | 55 | | offer the same number of games or gaming devices involving wagering |
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| 56 | 56 | | as any other person or entity authorized by the law of this State. |
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| 57 | 57 | | The gaming authorized under this subsection shall be regulated by |
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| 58 | 58 | | the tribe and the secretary of state. The secretary of state may |
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| 59 | 59 | | not adopt regulations that are more restrictive than the |
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| 60 | 60 | | regulations applicable to other comparable gaming licensed by the |
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| 61 | 61 | | State. The tribe each month shall transfer to the State in a manner |
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| 62 | 62 | | determined by the comptroller a percentage of the tribe's gaming |
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| 63 | 63 | | receipts, which may not exceed the percentage of receipts other |
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| 64 | 64 | | persons authorized to operate comparable gaming or gaming devices |
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| 65 | 65 | | must transfer to the State. |
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| 66 | 66 | | (j) A statewide referendum described by Subsection (f) of |
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| 67 | 67 | | this section that is held on the same day as the election on the |
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| 68 | 68 | | approval of the constitutional amendment to add Subsection (f) to |
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| 69 | 69 | | this section is hereby validated. This subsection expires January |
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| 70 | 70 | | 1, 2011. |
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| 71 | 71 | | SECTION 2. This proposed constitutional amendment shall be |
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| 72 | 72 | | submitted to the voters at an election to be held November 3, 2009. |
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| 73 | 73 | | The ballot shall be printed to permit voting for or against the |
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| 74 | 74 | | proposition: "The constitutional amendment authorizing the |
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| 75 | 75 | | legislature to legalize and regulate the conduct of gaming in this |
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| 76 | 76 | | state in counties that by local option election approve the conduct |
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| 77 | 77 | | of that gaming and authorizing the conduct of gaming by certain |
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| 78 | 78 | | Indian tribes." |
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