81R4136 YDB-F
By: Menendez H.J.R. No. 70
A JOINT RESOLUTION
proposing a constitutional amendment authorizing and regulating
slot machines and casino games by licensed operators and certain
Indian tribes to provide additional money to fund transportation in
this state and to provide additional financial aid for higher
education students.
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) The Legislature by general law may:
(1) authorize one or more of the following legal
entities to operate slot machines:
(A) a person licensed in this State to conduct
wagering on a horse race or greyhound race and licensed by this
State to operate slot machines at the location licensed for
conducting wagering on horse races or greyhound races; or
(B) an Indian tribe recognized by the United
States government under federal law that operates slot machines on
Indian land; and
(2) require all or part of this State's net revenue
from the regulation and taxation of casino gaming authorized under
Section 47a of this article and slot machines authorized under this
subsection to be used to provide additional money to fund
transportation in this State and to provide additional financial
aid for higher education students.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 47a to read as follows:
Sec. 47a. (a) The legislature by general law shall
authorize and regulate casino gaming conducted by:
(1) a person licensed by this state to conduct casino
gaming; or
(2) an Indian tribe recognized by the United States
government under federal law that conducts casino gaming on Indian
land.
(b) The legislature by general law shall establish a Texas
Gaming Commission to administer the laws regulating gaming
activities authorized by this section or Section 47(f) of this
article. The legislature may provide qualifications for membership
on the commission.
(c) The general law enacted under Subsection (a)(1) of this
section must authorize the Texas Gaming Commission to issue
licenses to conduct casino gaming to:
(1) nine casino-anchored destination attraction
development projects in this state as follows:
(A) seven projects located in different urban
areas of this state; and
(B) two projects located on islands in the Gulf
of Mexico that are tourist destinations with at least 1,000 guest
rooms available for visitors in hotels, motels, or condominiums
existing on January 1, 2009; and
(2) subject to any conditions or exceptions provided
by general law, three or more additional licensed locations.
(d) The commission may not award a license for a
casino-anchored destination attraction development project or
other licensed location unless the project or location meets the
major economic development qualifications established by this
subsection. To qualify for a license, a project or licensed
location must include total land and development costs of at least:
(1) $400 million for an urban area project;
(2) $200 million for an island tourist destination
project; or
(3) $150 million for an additional licensed location.
(e) Except as otherwise provided by this subsection, 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 commission may not award a license for
casino gaming in any county unless a majority of the voters of the
county voting in the election 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.
(f) The legislature by general law may impose additional
restrictions on the location of casino-anchored destination
attraction developments or other licensed casino locations that are
not inconsistent with this section.
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 and
regulating slot machines and casino games by licensed operators and
certain Indian tribes to provide additional money to fund
transportation in this state and to provide additional financial
aid for higher education students."