82R2068 YDB-D
By: Alvarado H.J.R. No. 28
A JOINT RESOLUTION
proposing a constitutional amendment requiring the legislature to
establish a state gaming commission and to authorize and provide
for the regulation of gaming conducted at certain locations in this
state, authorizing federally recognized Indian tribes to conduct
gaming on certain Indian lands, and requiring the governor to call
the legislature into special session to consider gaming
legislation.
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),
and (g-1) 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), and (g) of this section.
(f) The Legislature by general law shall establish a state
gaming commission to administer the laws regulating gaming
activities authorized under this subsection and may authorize and
provide for regulating the conduct in this State of one or more
types of gaming, including casino gaming, at locations:
(1) on coastal barrier islands at least 25 miles in
length that are accessible by a public road on one or more bridges;
(2) on dredge spoil islands at least 18 miles in length
located in coastal counties;
(3) for which a license to conduct pari-mutuel
wagering on horse or greyhound races is in effect; and
(4) in municipalities with a population of at least
675,000.
(g) This section does not prohibit an Indian tribe or tribal
organization that was included on the December 30, 1998, list of
Indian Entities Recognized and Eligible to Receive Services from
the United States Bureau of Indian Affairs, published in the
Federal Register by the Secretary of the Interior as required by 25
U.S.C. Section 479a-1, from conducting gaming on land in this State
that is held in trust or recognized as the tribe's tribal land by
the United States in Polk County, Texas, or in El Paso County,
Texas. The prohibitions of Subsection (a) of this section do not
apply to gaming by the tribe or tribal organization on land
described by this subsection, and the tribe or tribal organization
may conduct gaming on that land.
(g-1) Unless the Legislature enacts laws to implement
Subsection (f) of this section before that date, not later than June
1, 2012, the Governor shall call the Legislature into special
session for the sole purpose of considering and enacting laws to
implement Subsection (f) of this section. This subsection expires
January 1, 2013.
SECTION 2. 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 provide for voting for or against the
proposition: "The constitutional amendment requiring the
legislature to establish a state gaming commission and to authorize
and provide for the regulation of gaming conducted in this state on
certain coastal barrier islands, on certain dredge spoil islands in
coastal counties, at locations for which a license to conduct
pari-mutuel wagering on horse or greyhound races is in effect, and
in municipalities with a population of at least 675,000,
authorizing federally recognized Indian tribes to conduct gaming on
certain Indian lands, and requiring the governor to call the
legislature into special session to consider gaming legislation."