| 1 | 1 | | 84R1769 DDT-D |
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| 2 | 2 | | By: Alvarado H.J.R. No. 40 |
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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 requiring the legislature to |
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| 7 | 7 | | establish a state gaming commission and to authorize and provide |
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| 8 | 8 | | for the regulation of gaming conducted at certain locations in this |
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| 9 | 9 | | state, authorizing federally recognized Indian tribes to conduct |
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| 10 | 10 | | gaming on certain Indian lands, and requiring the governor to call |
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| 11 | 11 | | the legislature into special session to consider gaming |
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| 12 | 12 | | legislation. |
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| 13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 47, Article III, Texas Constitution, is |
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| 15 | 15 | | amended by amending Subsection (a) and adding Subsections (f), (g), |
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| 16 | 16 | | and (g-1) to read as follows: |
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| 17 | 17 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 18 | 18 | | and gift enterprises in this State other than those authorized by |
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| 19 | 19 | | Subsections (b), (d), [and] (e), (f), and (g) of this section. |
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| 20 | 20 | | (f) The Legislature by general law shall establish a state |
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| 21 | 21 | | gaming commission to administer the laws regulating gaming |
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| 22 | 22 | | activities authorized under this subsection and may authorize and |
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| 23 | 23 | | provide for regulation of the conduct in this State of one or more |
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| 24 | 24 | | types of gaming, including casino gaming, at locations: |
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| 25 | 25 | | (1) on coastal barrier islands at least 25 miles in |
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| 26 | 26 | | length that are accessible by a public road on one or more bridges; |
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| 27 | 27 | | (2) on dredge spoil islands at least 18 miles in length |
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| 28 | 28 | | that are located in coastal counties; |
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| 29 | 29 | | (3) for which a license to conduct pari-mutuel |
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| 30 | 30 | | wagering on horse or greyhound races is in effect; and |
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| 31 | 31 | | (4) in municipalities with a population of at least |
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| 32 | 32 | | 675,000. |
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| 33 | 33 | | (g) This section does not prohibit an Indian tribe or tribal |
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| 34 | 34 | | organization that was included on the December 30, 1998, list of |
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| 35 | 35 | | Indian Entities Recognized and Eligible to Receive Services from |
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| 36 | 36 | | the United States Bureau of Indian Affairs, published in the |
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| 37 | 37 | | Federal Register by the Secretary of the Interior as required by 25 |
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| 38 | 38 | | U.S.C. Section 479a-1, from conducting gaming on land in this State |
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| 39 | 39 | | that is held in trust for the tribe or organization or that is |
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| 40 | 40 | | recognized as the tribe's or organization's tribal land by the |
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| 41 | 41 | | United States in Polk County, Texas, or in El Paso County, Texas. |
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| 42 | 42 | | The prohibitions described by Subsection (a) of this section do not |
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| 43 | 43 | | apply to gaming by the tribe or organization on land described by |
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| 44 | 44 | | this subsection, and the tribe or organization may conduct gaming |
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| 45 | 45 | | on that land. |
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| 46 | 46 | | (g-1) Unless the Legislature enacts laws to implement |
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| 47 | 47 | | Subsection (f) of this section before that date, not later than June |
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| 48 | 48 | | 1, 2016, the Governor shall call the Legislature into special |
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| 49 | 49 | | session for the sole purpose of considering and enacting laws to |
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| 50 | 50 | | implement Subsection (f) of this section. This subsection expires |
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| 51 | 51 | | January 1, 2017. |
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| 52 | 52 | | SECTION 2. This proposed constitutional amendment shall be |
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| 53 | 53 | | submitted to the voters at an election to be held November 3, 2015. |
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| 54 | 54 | | The ballot shall be printed to provide for voting for or against the |
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| 55 | 55 | | proposition: "The constitutional amendment requiring the |
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| 56 | 56 | | legislature to establish a state gaming commission and to authorize |
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| 57 | 57 | | and provide for the regulation of gaming conducted in this state on |
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| 58 | 58 | | certain coastal barrier islands, on certain dredge spoil islands in |
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| 59 | 59 | | coastal counties, at locations for which a license to conduct |
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| 60 | 60 | | pari-mutuel wagering on horse or greyhound races is in effect, and |
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| 61 | 61 | | in municipalities with a population of at least 675,000, |
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| 62 | 62 | | authorizing federally recognized Indian tribes to conduct gaming on |
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| 63 | 63 | | certain Indian lands, and requiring the governor to call the |
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| 64 | 64 | | legislature into special session to consider gaming legislation." |
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