84R9179 YDB-D
By: Gutierrez H.J.R. No. 105
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the operation of
casino games in this state by licensed persons in counties that have
approved casino gaming; providing for certification or licensing of
persons engaged in occupations related to casino gaming.
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 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 a person licensed in this state to operate casino
gaming at a licensed location;
(2) 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 agency
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 and gaming operations in the state, and to prevent financial
loss to this state; and
(3) 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.
(b) 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 state agency
responsible for certifying or licensing persons to operate casino
gaming 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.
(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 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.
(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. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2015.
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 licensed persons in
counties that have approved casino gaming."