81R30010 YDB-F
By: Kuempel, Quintanilla, Gutierrez, H.J.R. No. 137
Menendez, Alvarado
Substitute the following for H.J.R. No. 137:
By: Menendez C.S.H.J.R. No. 137
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature
to legalize and regulate the conduct of gaming in this state in
counties that by local option election approve the conduct of that
gaming and authorizing the conduct of gaming by certain Indian
tribes.
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 Subsections (f), (g),
(h), (i), and (j) 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), (f), (g), (h), and (i) of this
section.
(f) The Legislature may by general law authorize and
regulate the conduct of one or more types of gaming involving
wagering in this State and may make such a general law contingent on
approval by the voters at a statewide referendum. A law enacted
under this subsection may limit the locations in which certain
types of gaming may be conducted to coastal barrier islands at least
25 miles in length that are accessible by bridges, to dredge spoil
islands at least 18 miles in length located in coastal counties, and
to populous metropolitan areas of this State, designated by the
county or counties in which the island or metropolitan area is
located. A law enacted under this subsection must require that,
before any type of gaming not otherwise permitted by law to be
conducted in a particular county may be conducted in that county, an
election must be held to allow the qualified voters of the county to
determine by a majority vote whether that type of gaming may be
legally conducted in the county.
(g) The Legislature may provide by general law for the
dedication of portions of gaming revenue authorized by this section
and received by the State or a local government for higher
education, transportation, or children's health insurance program
purposes.
(h) A federally recognized Indian tribe is authorized to
conduct gaming on tribal land of the tribe in this State that was
held in trust by the United States on January 1, 2009, and that is
located in Polk County or El Paso County.
(i) If, after January 1, 2009, any person, organization, or
entity is permitted by the law of this State to offer gaming
involving wagering within 200 miles of any part of the reservation
of the Kickapoo Traditional Tribe of Texas located near Eagle Pass,
Texas, the tribe is permitted, at a location selected by the tribe
that is within 150 miles of any part of the reservation but not
within 30 miles of any horse or greyhound racetrack licensed for
pari-mutuel wagering that was in operation on September 1, 2009, to
offer the same number of games or gaming devices involving wagering
as any other person or entity authorized by the law of this State.
The gaming authorized under this subsection shall be regulated by
the tribe and the secretary of state. The secretary of state may
not adopt regulations that are more restrictive than the
regulations applicable to other comparable gaming licensed by the
State. The tribe each month shall transfer to the State in a manner
determined by the comptroller a percentage of the tribe's gaming
receipts, which may not exceed the percentage of receipts other
persons authorized to operate comparable gaming or gaming devices
must transfer to the State.
(j) A statewide referendum described by Subsection (f) of
this section that is held on the same day as the election on the
approval of the constitutional amendment to add Subsection (f) to
this section is hereby validated. This subsection expires January
1, 2011.
SECTION 2. 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 the
legislature to legalize and regulate the conduct of gaming in this
state in counties that by local option election approve the conduct
of that gaming and authorizing the conduct of gaming by certain
Indian tribes."