| 1 | 1 | | 81R4136 YDB-F |
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| 2 | 2 | | By: Menendez H.J.R. No. 70 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment authorizing and regulating |
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| 7 | 7 | | slot machines and casino games by licensed operators and certain |
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| 8 | 8 | | Indian tribes to provide additional money to fund transportation in |
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| 9 | 9 | | this state and to provide additional financial aid for higher |
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| 10 | 10 | | education students. |
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| 11 | 11 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 47, Article III, Texas Constitution, is |
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| 13 | 13 | | amended by amending Subsection (a) and adding Subsection (f) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 16 | 16 | | and gift enterprises in this State other than those authorized by |
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| 17 | 17 | | Subsections (b), (d), [and] (e), and (f) of this section and Section |
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| 18 | 18 | | 47a of this article. |
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| 19 | 19 | | (f) The Legislature by general law may: |
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| 20 | 20 | | (1) authorize one or more of the following legal |
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| 21 | 21 | | entities to operate slot machines: |
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| 22 | 22 | | (A) a person licensed in this State to conduct |
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| 23 | 23 | | wagering on a horse race or greyhound race and licensed by this |
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| 24 | 24 | | State to operate slot machines at the location licensed for |
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| 25 | 25 | | conducting wagering on horse races or greyhound races; or |
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| 26 | 26 | | (B) an Indian tribe recognized by the United |
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| 27 | 27 | | States government under federal law that operates slot machines on |
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| 28 | 28 | | Indian land; and |
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| 29 | 29 | | (2) require all or part of this State's net revenue |
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| 30 | 30 | | from the regulation and taxation of casino gaming authorized under |
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| 31 | 31 | | Section 47a of this article and slot machines authorized under this |
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| 32 | 32 | | subsection to be used to provide additional money to fund |
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| 33 | 33 | | transportation in this State and to provide additional financial |
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| 34 | 34 | | aid for higher education students. |
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| 35 | 35 | | SECTION 2. Article III, Texas Constitution, is amended by |
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| 36 | 36 | | adding Section 47a to read as follows: |
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| 37 | 37 | | Sec. 47a. (a) The legislature by general law shall |
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| 38 | 38 | | authorize and regulate casino gaming conducted by: |
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| 39 | 39 | | (1) a person licensed by this state to conduct casino |
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| 40 | 40 | | gaming; or |
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| 41 | 41 | | (2) an Indian tribe recognized by the United States |
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| 42 | 42 | | government under federal law that conducts casino gaming on Indian |
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| 43 | 43 | | land. |
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| 44 | 44 | | (b) The legislature by general law shall establish a Texas |
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| 45 | 45 | | Gaming Commission to administer the laws regulating gaming |
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| 46 | 46 | | activities authorized by this section or Section 47(f) of this |
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| 47 | 47 | | article. The legislature may provide qualifications for membership |
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| 48 | 48 | | on the commission. |
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| 49 | 49 | | (c) The general law enacted under Subsection (a)(1) of this |
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| 50 | 50 | | section must authorize the Texas Gaming Commission to issue |
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| 51 | 51 | | licenses to conduct casino gaming to: |
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| 52 | 52 | | (1) nine casino-anchored destination attraction |
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| 53 | 53 | | development projects in this state as follows: |
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| 54 | 54 | | (A) seven projects located in different urban |
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| 55 | 55 | | areas of this state; and |
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| 56 | 56 | | (B) two projects located on islands in the Gulf |
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| 57 | 57 | | of Mexico that are tourist destinations with at least 1,000 guest |
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| 58 | 58 | | rooms available for visitors in hotels, motels, or condominiums |
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| 59 | 59 | | existing on January 1, 2009; and |
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| 60 | 60 | | (2) subject to any conditions or exceptions provided |
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| 61 | 61 | | by general law, three or more additional licensed locations. |
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| 62 | 62 | | (d) The commission may not award a license for a |
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| 63 | 63 | | casino-anchored destination attraction development project or |
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| 64 | 64 | | other licensed location unless the project or location meets the |
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| 65 | 65 | | major economic development qualifications established by this |
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| 66 | 66 | | subsection. To qualify for a license, a project or licensed |
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| 67 | 67 | | location must include total land and development costs of at least: |
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| 68 | 68 | | (1) $400 million for an urban area project; |
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| 69 | 69 | | (2) $200 million for an island tourist destination |
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| 70 | 70 | | project; or |
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| 71 | 71 | | (3) $150 million for an additional licensed location. |
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| 72 | 72 | | (e) Except as otherwise provided by this subsection, a local |
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| 73 | 73 | | option election shall be held in the manner determined by general |
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| 74 | 74 | | law in each county in which a person applies for a license to |
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| 75 | 75 | | operate casino gaming. The commission may not award a license for |
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| 76 | 76 | | casino gaming in any county unless a majority of the voters of the |
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| 77 | 77 | | county voting in the election favor the authorization of casino |
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| 78 | 78 | | gaming in that county. If a majority of the voters in a county voted |
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| 79 | 79 | | for the proposition that added this section to this constitution, |
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| 80 | 80 | | the county is considered to have approved the authorization of |
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| 81 | 81 | | casino gaming in that county by local option election as required by |
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| 82 | 82 | | this subsection. |
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| 83 | 83 | | (f) The legislature by general law may impose additional |
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| 84 | 84 | | restrictions on the location of casino-anchored destination |
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| 85 | 85 | | attraction developments or other licensed casino locations that are |
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| 86 | 86 | | not inconsistent with this section. |
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| 87 | 87 | | SECTION 3. This proposed constitutional amendment shall be |
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| 88 | 88 | | submitted to the voters at an election to be held November 3, 2009. |
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| 89 | 89 | | The ballot shall be printed to permit voting for or against the |
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| 90 | 90 | | proposition: "The constitutional amendment authorizing and |
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| 91 | 91 | | regulating slot machines and casino games by licensed operators and |
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| 92 | 92 | | certain Indian tribes to provide additional money to fund |
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| 93 | 93 | | transportation in this state and to provide additional financial |
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| 94 | 94 | | aid for higher education students." |
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