| 1 | 1 | | 88R8750 PRL-D |
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| 2 | 2 | | By: Dutton H.J.R. No. 105 |
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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 authorizing the operation of |
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| 7 | 7 | | five casinos in this state by licensed persons in certain counties |
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| 8 | 8 | | that have approved casino gaming to provide funding for public |
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| 9 | 9 | | education; providing for the requirement of occupational licenses, |
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| 10 | 10 | | the authorization of fees, the imposition of a tax, and the |
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| 11 | 11 | | provision of criminal penalties. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 47(a), Article III, Texas Constitution, |
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| 14 | 14 | | is amended to read as follows: |
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| 15 | 15 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 16 | 16 | | and gift enterprises in this State other than those authorized by |
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| 17 | 17 | | Subsections (b), (d), (d-1), and (e) of this section and by Section |
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| 18 | 18 | | 47a of this article. |
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| 19 | 19 | | SECTION 2. Article III, Texas Constitution, is amended by |
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| 20 | 20 | | adding Section 47a to read as follows: |
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| 21 | 21 | | Sec. 47a. (a) The legislature by general law in accordance |
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| 22 | 22 | | with this section shall authorize the operation of casino gaming in |
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| 23 | 23 | | this state in which individuals for consideration play games of |
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| 24 | 24 | | chance that award prizes and are operated by persons licensed to |
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| 25 | 25 | | conduct casino gaming. The law must: |
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| 26 | 26 | | (1) limit casino gaming operations in this state to |
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| 27 | 27 | | gaming operated by persons licensed in this state to operate casino |
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| 28 | 28 | | gaming at not more than five casinos, with not more than one casino |
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| 29 | 29 | | in any one county, and only in the following counties: |
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| 30 | 30 | | (A) Bexar County; |
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| 31 | 31 | | (B) Dallas County; |
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| 32 | 32 | | (C) El Paso County; |
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| 33 | 33 | | (D) Galveston County; and |
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| 34 | 34 | | (E) Harris County; |
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| 35 | 35 | | (2) impose a tax on casino gaming operations in this |
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| 36 | 36 | | state; |
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| 37 | 37 | | (3) require net revenue from the regulation and |
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| 38 | 38 | | taxation of casino gaming authorized under this section to be used |
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| 39 | 39 | | to fund public education; |
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| 40 | 40 | | (4) provide: |
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| 41 | 41 | | (A) a comprehensive licensing program, including |
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| 42 | 42 | | necessary background investigations and license fees, to govern a |
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| 43 | 43 | | person that manages casino gaming operations in this state or that |
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| 44 | 44 | | maintains, manufactures, distributes, sells, or leases casino |
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| 45 | 45 | | games for use or play in this state; |
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| 46 | 46 | | (B) procedures for the state agency responsible |
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| 47 | 47 | | for conducting criminal background investigations for the state to |
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| 48 | 48 | | provide criminal background information to the state agency |
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| 49 | 49 | | responsible for the licensing program under Paragraph (A) of this |
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| 50 | 50 | | subdivision; and |
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| 51 | 51 | | (C) procedures for the monitoring and inspection |
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| 52 | 52 | | of casino gaming operations as necessary to protect the public |
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| 53 | 53 | | health, welfare, and safety, to preserve the integrity of this |
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| 54 | 54 | | state and gaming operations in the state, and to prevent financial |
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| 55 | 55 | | loss to this state; and |
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| 56 | 56 | | (5) prohibit and impose criminal penalties for the |
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| 57 | 57 | | possession and operation of all gaming devices other than devices |
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| 58 | 58 | | operated in connection with authorized casino gaming operations or |
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| 59 | 59 | | gaming devices otherwise authorized by state law. |
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| 60 | 60 | | (b) A local option election shall be held in the manner |
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| 61 | 61 | | determined by general law in each county listed in Subsection |
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| 62 | 62 | | (a)(1) of this section in which a person applies for a license to |
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| 63 | 63 | | operate casino gaming. The state agency responsible for licensing |
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| 64 | 64 | | persons to operate casino gaming may not award a license for casino |
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| 65 | 65 | | gaming in any county unless a majority of the voters of the county |
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| 66 | 66 | | voting in the election favor the authorization of casino gaming in |
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| 67 | 67 | | that county. If a majority of the voters in a county voted for the |
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| 68 | 68 | | proposition that added this section to this constitution, the |
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| 69 | 69 | | county is considered to have approved the authorization of casino |
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| 70 | 70 | | gaming in that county by local option election as required by this |
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| 71 | 71 | | subsection. |
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| 72 | 72 | | (c) In the absence of enabling legislation to implement |
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| 73 | 73 | | Subsection (a) of this section, the authority of this state to |
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| 74 | 74 | | operate lotteries under Section 47(e) of this article includes the |
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| 75 | 75 | | authority of the state agency that operates state lotteries to |
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| 76 | 76 | | adopt rules to implement casino gaming operations in accordance |
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| 77 | 77 | | with Subsection (a) of this section, and the state agency shall |
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| 78 | 78 | | adopt rules to implement casino gaming operations in accordance |
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| 79 | 79 | | with Subsection (a) of this section. |
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| 80 | 80 | | (d) All shipments of casino gaming equipment or other gaming |
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| 81 | 81 | | devices into, out of, or within this state authorized under this |
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| 82 | 82 | | section or a law enacted under this section are legal shipments of |
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| 83 | 83 | | the devices and are exempt from the provisions of 15 U.S.C. Sections |
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| 84 | 84 | | 1171-1178 prohibiting the transportation of gambling devices. |
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| 85 | 85 | | SECTION 3. This proposed constitutional amendment shall be |
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| 86 | 86 | | submitted to the voters at an election to be held November 7, 2023. |
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| 87 | 87 | | The ballot shall be printed to permit voting for or against the |
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| 88 | 88 | | proposition: "The constitutional amendment authorizing the |
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| 89 | 89 | | operation of five casinos in this state by licensed persons in |
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| 90 | 90 | | certain counties that have approved casino gaming to provide |
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| 91 | 91 | | funding for public education." |
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