82R12496 YDB-F
By: Thompson H.J.R. No. 151
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the operation of
casino games in this state by federally recognized Indian tribes on
certain land.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 47, Article III, Texas
Constitution, is amended 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) of this section and by Section 47a of
this article.
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 shall authorize the operation of casino gaming in
this state in which individuals for consideration play games of
chance that award prizes and are operated by persons licensed or
otherwise authorized by this state to conduct casino gaming. The
law must:
(1) limit casino gaming operations in this state to
gaming operated by federally recognized Indian tribes operating
under state law or under a compact with this state in the form
prescribed by general law or negotiated by the secretary of state,
on land held in trust by the United States for such tribes on
January 1, 2011, or land acquired by the tribes that is not more
than five miles from the border of the land held in trust by the
tribes on January 1, 2011, and designated by the applicable tribe
for casino gaming operations;
(2) provide for the regulation of all casino gaming by
agencies of this state and the Indian tribes;
(3) provide:
(A) a comprehensive certification or licensing
program, including necessary background investigations, to govern
a person that manages casino gaming operations in this state or that
maintains, manufactures, distributes, sells, or leases casino
games for use or play in this state;
(B) procedures for the state agency responsible
for conducting criminal background investigations for the state to
provide criminal background information to the state and tribal
agencies responsible for certification or licensing under
Paragraph (A) of this subdivision; and
(C) procedures for the monitoring and inspection
of casino gaming operations as necessary to protect the public
health, welfare, and safety, to preserve the integrity of this
state, the Indian tribes, and gaming operations in the state, and to
prevent financial loss to this state and the tribes;
(4) prohibit and impose criminal penalties for the
possession and operation of all gaming devices other than devices
operated in connection with authorized casino gaming operations or
gaming devices otherwise authorized by state law; and
(5) provide that not less than eight percent of the
gross gaming revenue generated from casino gaming operated by an
Indian tribe shall be transferred to this state in accordance with
the conditions set forth in the compact authorizing the tribe to
operate casino gaming operations or as provided by general law.
(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 casino gaming operations in accordance
with Subsection (a) of this section, and the state agency shall
adopt rules to implement casino gaming operations in accordance
with Subsection (a) of this section.
(c) The legislature may authorize a portion of the revenue
received by this state from the operation of casino gaming under
this section to be distributed to counties and municipalities
impacted by those activities.
(d) All shipments of casino gaming equipment or other 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.
SECTION 3. The following temporary provision is added to
the Texas Constitution:
TEMPORARY PROVISION. (a) This temporary provision applies
to the constitutional amendment proposed by the 82nd Legislature,
Regular Session, 2011, authorizing the operation of casino games in
this state by federally recognized Indian tribes on certain land.
(b) Not later than December 15, 2011, the executive director
of the Texas Lottery Commission shall appoint an Indian Gaming
Advisory Committee to assist the Texas Lottery Commission with
implementing Section 47a, Article III, of this constitution. The
advisory committee must include the following:
(1) one member with understanding and experience
working in the Indian gaming industry;
(2) one member with experience and knowledge in Indian
gaming regulation;
(3) three members to represent the federally
recognized Indian tribes in this state, one from each tribe; and
(4) other members the executive director considers
necessary.
(c) Not later than December 31, 2011, the Texas Lottery
Commission shall adopt the rules, including any emergency rules,
necessary to implement Section 47a, Article III, of this
constitution.
(d) This temporary provision expires January 1, 2013.
SECTION 4. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
operation of casino games in this state by federally recognized
Indian tribes on certain land."