83R8619 YDB-F
By: Kuempel H.J.R. No. 141
A JOINT RESOLUTION
proposing a constitutional amendment to authorize online poker
gaming regulated under federal law.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47(a), 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 Section 47a of
this article.
SECTION 2. Article III, Texas Constitution, is amended by
adding Section 47a to read as follows:
Sec. 47a. (a) If a federal law is enacted that establishes
a licensing program to license the operation of online poker
facilities and that allows any state the option of applying the law
to authorize licensed online poker facilities to accept bets for
online poker games from individuals located in the state:
(1) this state is considered to have opted into the
application of the law; and
(2) the operation of any Internet gambling facility in
this state is subject to the provisions of the federal law.
(b) Any state law that conflicts with the federal law
described by Subsection (a) of this section is preempted and
superseded by the federal law.
(c) 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 Subsection (a) of this section, and the
state agency shall adopt rules necessary to implement online poker
in accordance with Subsection (a) of this section and the
applicable federal law.
(d) In this section:
(1) "Bet" means an agreement to win or lose something
of value solely or partially by chance.
(2) "Internet gambling facility" means an Internet
website, or similar communications facility, in which
transmissions may cross any state's boundaries and through which a
bet is initiated, received, or otherwise made and is transmitted by
telephone, Internet, satellite, or other wire or wireless
communication facility, service, or medium. The term includes an
online poker facility that is not operated under a license issued by
a licensing program established under federal law.
(3) "Licensed online poker facility" means an online
poker facility operating under a license issued and authorized by a
licensing program established under federal law.
(4) "Online poker" means any card game that for
consideration offers players of the game the opportunity to:
(A) place a bet on cards dealt out of a common
deck of cards to two or more players; and
(B) compete against each other and not against
the person operating the game.
(5) "Online poker facility" means an Internet gambling
facility through which a bet for a game, hand, tournament, or other
contest of online poker is initiated, received, or otherwise made.
(6) "Operate" or "operation" means to carry on,
maintain, or expose for play.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 5, 2013.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to authorize online
poker gaming regulated under federal law."