86R9140 BEE-D
By: Beckley H.J.R. No. 78
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the operation of
six casinos in this state by licensed persons in certain counties
that have approved casino gaming to provide funding for certain
higher education, public education, mental health, and public
safety initiatives; authorizing the licensing of persons engaged in
casino gaming occupations, the imposition of fees and a tax, and the
provision of criminal penalties.
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), (d-1), 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 to
conduct casino gaming. The law must:
(1) limit casino gaming operations in this state to
gaming operated by persons licensed in this state to operate casino
gaming at not more than six casinos, with not more than one casino
in any one county, and only in the following counties:
(A) Comal County;
(B) Denton County;
(C) El Paso County;
(D) Hidalgo County;
(E) Harris County; and
(F) Midland County;
(2) impose a tax on casino gaming in this state;
(3) require net revenue from the regulation and
taxation of casino gaming authorized under this section to be used
to fund:
(A) tuition subsidization for low income
students attending public universities in this state;
(B) expansion and improvement of vocational
programs in public high schools;
(C) programs treating compulsive gambling; and
(D) county public safety agencies;
(4) provide:
(A) a comprehensive licensing program, including
necessary background investigations and license fees, 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 the licensing program 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
(5) 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 listed in Subsection
(a)(1) of this section in which a person applies for a license to
operate casino gaming. The state agency responsible for 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 5, 2019.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the
operation of six casinos in this state by licensed persons in
certain counties that have approved casino gaming to provide
funding for certain higher education, public education, mental
health, and public safety initiatives."