Old | New | Differences | |
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1 | - | 88R19662 BEE-F | |
2 | - | By: Geren, Rose, Davis, et al. H.J.R. No. 155 | |
3 | - | Substitute the following for H.J.R. No. 155: | |
4 | - | By: Thompson of Harris C.S.H.J.R. No. 155 | |
1 | + | By: Geren H.J.R. No. 155 | |
5 | 2 | ||
6 | 3 | ||
7 | 4 | A JOINT RESOLUTION | |
8 | 5 | proposing a constitutional amendment to foster economic | |
9 | 6 | development and job growth, provide tax relief and funding for | |
10 | 7 | education and public safety programs, support the horse racing | |
11 | 8 | industry, and reform horse racing and greyhound racing by | |
12 | - | authorizing casino gaming at destination resorts, | |
13 | - | sports wagering, | |
14 | - | | |
15 | - | ||
16 | - | | |
17 | - | gaming | |
9 | + | authorizing casino gaming at destination resorts, creating the | |
10 | + | Texas Gaming Commission, authorizing sports wagering, requiring a | |
11 | + | license to conduct casino gaming, requiring the imposition of | |
12 | + | casino gaming and sports wagering taxes, requiring license | |
13 | + | application fees, and authorizing Tribal-State compacts related to | |
14 | + | gaming. | |
18 | 15 | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
19 | 16 | SECTION 1. The Legislature finds that: | |
20 | 17 | (1) the qualified voters of this state should have the | |
21 | 18 | opportunity to decide whether to authorize casino gaming at | |
22 | 19 | destination resorts; and | |
23 | 20 | (2) if authorized by those voters, casino gaming at | |
24 | 21 | destination resorts should: | |
25 | 22 | (A) serve the public interest by fostering | |
26 | 23 | economic development and job growth and providing tax relief and | |
27 | 24 | funding for education and public safety programs; | |
28 | 25 | (B) be strictly regulated by a newly created | |
29 | - | state agency empowered to adopt rules | |
26 | + | state agency empowered to adopt rules regulating who may obtain a | |
30 | 27 | casino license and the conduct of casino gaming in this state; | |
31 | - | (C) be limited to areas of this state | |
28 | + | (C) be limited to areas of this state in which the | |
32 | 29 | voters approve a constitutional amendment authorizing casino | |
33 | - | gaming or in which pari-mutuel wagering was previously approved; | |
34 | - | (D) be limited to areas of this state where the | |
30 | + | gaming or in which pari-mutuel wagering has previously been | |
31 | + | approved; | |
32 | + | (D) be limited to areas of this state in which the | |
35 | 33 | greatest positive economic impact from destination resort | |
36 | 34 | development can be realized; | |
37 | - | (E) use existing pari-mutuel racing licenses to | |
38 | - | allow more immediate development of destination resorts and to more | |
39 | - | quickly realize the related job growth and economic development; | |
35 | + | (E) utilize some existing pari-mutuel racing | |
36 | + | licenses to allow more immediate development of destination resorts | |
37 | + | and to more quickly realize the related job growth and economic | |
38 | + | development; | |
40 | 39 | (F) encourage participation by and competition | |
41 | 40 | between multiple casino license holders; and | |
42 | 41 | (G) result in the reform and revitalization of | |
43 | 42 | the horse racing industry in this state and the industry's benefits | |
44 | 43 | to agricultural businesses in this state. | |
45 | 44 | SECTION 2. Section 47(a), Article III, Texas Constitution, | |
46 | 45 | is amended to read as follows: | |
47 | 46 | (a) The Legislature shall pass laws prohibiting lotteries | |
48 | 47 | and gift enterprises in this State other than those authorized by | |
49 | 48 | Subsections (b), (d), (d-1), and (e) of this section and Section 47a | |
50 | 49 | of this article. | |
51 | 50 | SECTION 3. Article III, Texas Constitution, is amended by | |
52 | 51 | adding Section 47a to read as follows: | |
53 | 52 | Sec. 47a. (a) In this section: | |
54 | - | (1) "Casino" means licensed | |
55 | - | ||
53 | + | (1) "Casino" means licensed facilities located at a | |
54 | + | destination resort at which casino gaming is conducted. | |
56 | 55 | (2) "Casino gaming" means any game of chance or | |
57 | - | similar activity that involves placing a | |
56 | + | similar activity that involves placing a bet for consideration. | |
58 | 57 | The term includes wagering on any type of slot machine or table | |
59 | 58 | game, as defined by the legislature, using money, casino credit, or | |
60 | 59 | any other representation of value. The term does not include: | |
61 | 60 | (A) bingo, a charitable raffle, or the state | |
62 | 61 | lottery authorized under Section 47 of this article; or | |
63 | 62 | (B) placing, receiving, or otherwise knowingly | |
64 | - | transmitting a wager by a means that requires the use of the | |
63 | + | transmitting a bet or wager by a means that requires the use of the | |
65 | 64 | Internet, except for offering slot machines, table games, or other | |
66 | - | devices approved by the Texas Gaming Commission that use the | |
67 | - | Internet or networking functionality but are played on-site at a | |
68 | - | casino. | |
65 | + | devices the Texas Gaming Commission approves that use the Internet | |
66 | + | or networking functionality but are played onsite at a casino. | |
69 | 67 | (3) "Casino license" means a license to conduct casino | |
70 | 68 | gaming at a casino. | |
71 | 69 | (4) "Destination resort" means a mixed-use | |
72 | 70 | development consisting of casino gaming facilities and a | |
73 | - | combination of tourism amenities and facilities, including hotels, | |
74 | - | restaurants, meeting facilities, attractions, entertainment | |
75 | - | facilities, and shopping centers. | |
76 | - | (5) "Education" means: | |
77 | - | (A) public education; | |
78 | - | (B) higher education, including the creation of a | |
79 | - | permanent fund for the benefit of higher education institutions not | |
80 | - | included in the Permanent University Fund established by Section | |
81 | - | 11, Article VII, of this constitution; and | |
82 | - | (C) adult education related to responsible | |
83 | - | gaming. | |
71 | + | combination of various tourism amenities and facilities, including | |
72 | + | hotels, restaurants, meeting facilities, attractions, | |
73 | + | entertainment facilities, and shopping centers. | |
74 | + | (5) "Education" means public education, higher | |
75 | + | education, including the creation of a permanent fund for the | |
76 | + | benefit of higher education institutions not included in the | |
77 | + | Permanent University Fund established by Article VII, Texas | |
78 | + | Constitution, and adult education related to responsible gaming. | |
84 | 79 | (6) "Indian lands" means land: | |
85 | 80 | (A) on which gaming is permitted under the Indian | |
86 | 81 | Gaming Regulatory Act (Pub. L. No. 100-497); or | |
87 | 82 | (B) that was held in trust by the United States on | |
88 | - | January 1, 1998, for | |
89 | - | ||
83 | + | January 1, 1998, for benefit of the Indian tribe pursuant to the | |
84 | + | Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of | |
90 | 85 | Texas Restoration Act (Pub. L. No. 100-89). | |
91 | 86 | (7) "Metropolitan statistical area" means a | |
92 | 87 | metropolitan statistical area designated by the United States | |
93 | 88 | Office of Management and Budget as of July 1, 2021. | |
94 | 89 | (8) "Person" includes an individual and any legal | |
95 | - | entity, | |
90 | + | entity, such as a corporation, organization, partnership, or | |
96 | 91 | association. | |
97 | 92 | (9) "Public safety program" means a program for crime | |
98 | 93 | prevention and law enforcement, including a program designed to | |
99 | 94 | prevent and prosecute crimes involving human trafficking and money | |
100 | 95 | laundering. | |
101 | 96 | (10) "Racetrack association" means a person who holds | |
102 | 97 | a license to conduct racing in this state. | |
103 | 98 | (11) "Racing" means a horse race meeting or greyhound | |
104 | 99 | race meeting with pari-mutuel wagering. | |
105 | 100 | (12) "Sports wagering" means placing a wager on a live | |
106 | 101 | sporting event, as defined by general law. | |
107 | 102 | (b) To foster economic development and job growth, provide | |
108 | 103 | tax relief and funding for education and public safety programs, | |
109 | 104 | support the horse racing industry, reform horse racing and | |
110 | 105 | greyhound racing, provide support for the Texas Gaming Commission, | |
111 | 106 | and provide for destination resorts in populous metropolitan | |
112 | - | statistical areas | |
113 | - | approved, casino gaming is authorized | |
114 | - | casinos at | |
107 | + | statistical areas in which pari-mutuel wagering previously has been | |
108 | + | approved, casino gaming is authorized pursuant to casino licenses | |
109 | + | for casinos at destination resorts as follows: | |
115 | 110 | (1) two destination resorts in the Dallas-Fort | |
116 | 111 | Worth-Arlington metropolitan statistical area; | |
117 | 112 | (2) two destination resorts in the Houston-The | |
118 | 113 | Woodlands-Sugar Land metropolitan statistical area; | |
119 | 114 | (3) one destination resort in the San Antonio-New | |
120 | 115 | Braunfels metropolitan statistical area; | |
121 | 116 | (4) one destination resort in the Corpus Christi | |
122 | 117 | metropolitan statistical area; | |
123 | 118 | (5) one destination resort in the | |
124 | 119 | McAllen-Edinburg-Mission metropolitan statistical area; and | |
125 | - | (6) one destination resort | |
120 | + | (6) one destination resort at a location in: | |
126 | 121 | (A) a metropolitan statistical area not | |
127 | - | specified in Subdivisions (1) through (5) | |
122 | + | specified in Subdivisions (1) through (5); and | |
128 | 123 | (B) a county: | |
129 | - | (i) no | |
130 | - | from a metropolitan statistical area specified in | |
131 | - | through (5) | |
124 | + | (i) no point of which is less than 100 miles | |
125 | + | from a point in a metropolitan statistical area specified in | |
126 | + | Subdivisions (1) through (5); and | |
132 | 127 | (ii) in which a majority of the qualified | |
133 | 128 | voters voting on the question voted in favor of the amendment that | |
134 | 129 | added this section to the Constitution. | |
135 | 130 | (c) The legislature shall: | |
136 | 131 | (1) authorize sports wagering only in a place and | |
137 | 132 | manner prescribed by general law; | |
138 | - | (2) regulate the conduct of sports | |
139 | - | | |
140 | - | (3) direct the Texas Gaming Commission to | |
141 | - | consistent with general law to regulate sports wagering in | |
142 | - | state. | |
133 | + | (2) regulate by general law the conduct of sports | |
134 | + | wagering; and | |
135 | + | (3) direct the Texas Gaming Commission to promulgate | |
136 | + | rules consistent with general law to regulate sports wagering in | |
137 | + | this state. | |
143 | 138 | (d) The legislature by general law shall establish the Texas | |
144 | 139 | Gaming Commission as a state agency with broad authority to adopt | |
145 | 140 | and enforce the rules necessary to strictly regulate casino gaming | |
146 | 141 | and sports wagering in accordance with this section. | |
147 | 142 | (e) Notwithstanding any other provision of this | |
148 | 143 | constitution, the Texas Gaming Commission is composed of five | |
149 | 144 | members appointed by the governor with the advice and consent of the | |
150 | - | senate to serve staggered six | |
151 | - | general law. To be eligible for appointment and continued | |
152 | - | a member must satisfy the qualifications established by | |
153 | - | legislature under that law. | |
145 | + | senate to serve staggered terms of six years each, as established | |
146 | + | under general law. To be eligible for appointment and continued | |
147 | + | service, a member must satisfy the qualifications established by | |
148 | + | the legislature under that law. | |
154 | 149 | (f) Notwithstanding any other provision of this | |
155 | 150 | constitution, a racetrack association may designate a person to | |
156 | 151 | apply for and hold a casino license under Subsection (g) of this | |
157 | 152 | section by providing notice to the Texas Gaming Commission in the | |
158 | 153 | manner prescribed by general law or commission rule consistent with | |
159 | 154 | general law. A racetrack association may not change the person | |
160 | 155 | designated in the provided notice unless the person declines the | |
161 | - | designation and may not at any time designate more than one person | |
162 | - | under this subsection. A racetrack association is ineligible to | |
163 | - | hold a casino license if the racetrack association designates a | |
164 | - | person for a license under this subsection unless the person | |
165 | - | declines the designation. Nothing in this subsection affects | |
166 | - | duties or rights established by contract or other law. | |
167 | - | (g) Subject to this section and notwithstanding any other | |
156 | + | designation. A racetrack association may not at any time designate | |
157 | + | more than one person under this subsection. A racetrack | |
158 | + | association is ineligible to hold a casino license if the racetrack | |
159 | + | association designates a person for a license under this subsection | |
160 | + | unless the designation is declined by the person. Nothing in this | |
161 | + | subsection affects duties or rights established by contract or | |
162 | + | other law. | |
163 | + | (g) Subject to this section, and notwithstanding any other | |
168 | 164 | provision of this constitution, the Texas Gaming Commission shall | |
169 | 165 | issue a casino license to each initial qualified applicant. An | |
170 | 166 | initial qualified applicant must: | |
171 | 167 | (1) be of good moral character, be honest, and have | |
172 | 168 | integrity; | |
173 | - | (2) demonstrate that | |
174 | - | ||
175 | - | ||
169 | + | (2) demonstrate that issuance of the casino license to | |
170 | + | the applicant will not be detrimental to the public interest or the | |
171 | + | casino gaming industry; | |
176 | 172 | (3) satisfy the qualifications and any other | |
177 | 173 | requirements established under general law; | |
178 | 174 | (4) demonstrate the financial ability to complete the | |
179 | 175 | development of and operate the destination resort at which the | |
180 | 176 | person will conduct casino gaming; | |
181 | 177 | (5) have adequate experience in resort development, | |
182 | 178 | resort management, and casino gaming operations; | |
183 | 179 | (6) provide a detailed estimate of the applicant's | |
184 | 180 | total new development investment in the destination resort; and | |
185 | 181 | (7) satisfy the applicable requirements provided in | |
186 | 182 | Subsection (h) of this section. | |
187 | 183 | (h) An initial qualified applicant for a casino license must | |
188 | 184 | satisfy the following requirements for the metropolitan | |
189 | 185 | statistical area in which the destination resort will be located: | |
190 | 186 | (1) for a casino license in the Dallas-Fort | |
191 | - | Worth-Arlington metropolitan statistical area, the applicant must: | |
187 | + | Worth-Arlington metropolitan statistical area, the initial | |
188 | + | qualified applicant must: | |
192 | 189 | (A) be a racetrack association that on January 1, | |
193 | - | 2022, held a license to conduct racing in the Dallas-Fort | |
190 | + | 2022, held a license to conduct racing anywhere in the Dallas-Fort | |
194 | 191 | Worth-Arlington metropolitan statistical area or the Laredo | |
195 | 192 | metropolitan statistical area or be the person designated by the | |
196 | 193 | racetrack association under Subsection (f) of this section; and | |
197 | 194 | (B) commit to investing for new development of | |
198 | 195 | the destination resort an amount equal to at least $2 billion, | |
199 | 196 | including land acquisition; | |
200 | 197 | (2) for a casino license in the Houston-The | |
201 | - | Woodlands-Sugar Land metropolitan statistical area, the | |
202 | - | must: | |
198 | + | Woodlands-Sugar Land metropolitan statistical area, the initial | |
199 | + | qualified applicant must: | |
203 | 200 | (A) be a racetrack association that on January 1, | |
204 | - | 2022, held a license to conduct racing in the Houston-The | |
201 | + | 2022, held a license to conduct racing anywhere in the Houston-The | |
205 | 202 | Woodlands-Sugar Land metropolitan statistical area or the | |
206 | 203 | Brownsville-Harlingen metropolitan statistical area or be the | |
207 | 204 | person designated by the racetrack association under Subsection (f) | |
208 | 205 | of this section; and | |
209 | 206 | (B) commit to investing for new development of | |
210 | 207 | the destination resort an amount equal to at least $2 billion, | |
211 | 208 | including land acquisition; | |
212 | 209 | (3) for a casino license in the San Antonio-New | |
213 | - | Braunfels metropolitan statistical area, the applicant must: | |
210 | + | Braunfels metropolitan statistical area, the initial qualified | |
211 | + | applicant must: | |
214 | 212 | (A) be a racetrack association that on January 1, | |
215 | - | 2022, held a license to conduct racing in the San | |
216 | - | Braunfels metropolitan statistical area or be the | |
217 | - | by the racetrack association under Subsection (f) | |
218 | - | and | |
213 | + | 2022, held a license to conduct racing anywhere in the San | |
214 | + | Antonio-New Braunfels metropolitan statistical area or be the | |
215 | + | person designated by the racetrack association under Subsection (f) | |
216 | + | of this section; and | |
219 | 217 | (B) commit to investing for new development of | |
220 | 218 | the destination resort an amount equal to at least $1 billion, | |
221 | 219 | including land acquisition; | |
222 | 220 | (4) for a casino license in the Corpus Christi | |
223 | - | metropolitan statistical area, the applicant must: | |
221 | + | metropolitan statistical area, the initial qualified applicant | |
222 | + | must: | |
224 | 223 | (A) be a racetrack association that on January 1, | |
225 | - | 2022, held a license to conduct racing in the Corpus Christi | |
226 | - | metropolitan statistical area or be the person designated by the | |
227 | - | racetrack association under Subsection (f) of this section; and | |
224 | + | 2022, held a license to conduct racing anywhere in the Corpus | |
225 | + | Christi metropolitan statistical area or be the person designated | |
226 | + | by the racetrack association under Subsection (f) of this section; | |
227 | + | and | |
228 | 228 | (B) commit to investing for new development of | |
229 | 229 | the destination resort an amount equal to at least $250 million, | |
230 | 230 | including land acquisition; | |
231 | 231 | (5) for a casino license in the | |
232 | 232 | McAllen-Edinburg-Mission metropolitan statistical area, the | |
233 | - | applicant must: | |
233 | + | initial qualified applicant must: | |
234 | 234 | (A) be a racetrack association that on January 1, | |
235 | - | 2022, held a license to conduct racing in the | |
235 | + | 2022, held a license to conduct racing anywhere in the | |
236 | 236 | McAllen-Edinburg-Mission metropolitan statistical area or be the | |
237 | 237 | person designated by the racetrack association under Subsection (f) | |
238 | 238 | of this section; and | |
239 | 239 | (B) commit to investing for new development of | |
240 | 240 | the destination resort an amount equal to at least $250 million, | |
241 | 241 | including land acquisition; and | |
242 | - | (6) for a casino license authorized | |
243 | - | (b)(6) | |
242 | + | (6) for a casino license authorized in Subsection | |
243 | + | (b)(6), the initial qualified applicant must: | |
244 | 244 | (A) be selected through an open bid process | |
245 | 245 | regulated by general law and commission rule consistent with | |
246 | 246 | general law; and | |
247 | 247 | (B) commit to investing for new development of | |
248 | 248 | the destination resort an amount equal to at least $1 billion, | |
249 | 249 | including land acquisition. | |
250 | 250 | (i) A destination resort at which casino gaming is conducted | |
251 | - | under a casino license authorized | |
252 | - | | |
253 | - | area for which the license is issued. | |
251 | + | under a casino license authorized in Subdivisions (1) through (5) | |
252 | + | of Subsection (b) may be located anywhere within the metropolitan | |
253 | + | statistical area for which the license is issued. | |
254 | 254 | (j) Consistent with this section, the legislature by | |
255 | 255 | general law: | |
256 | 256 | (1) shall regulate casino gaming and sports wagering | |
257 | 257 | in this state by prescribing: | |
258 | 258 | (A) additional requirements governing the | |
259 | 259 | issuance and continued qualification for holding a casino license; | |
260 | 260 | (B) restrictions on the transfer of casino | |
261 | 261 | licenses; | |
262 | 262 | (C) definitions of terms necessary or useful to | |
263 | - | implement this section and consistent with this section, including | |
264 | - | the terms casino, casino gaming, casino license, destination | |
265 | - | resort, location, and sports wagering; | |
263 | + | implement this section, such as the terms casino, casino gaming, | |
264 | + | casino license, destination resort, location, and sports wagering; | |
266 | 265 | (D) qualifications for the issuance of new casino | |
267 | - | licenses to persons who are not initial qualified applicants under | |
268 | - | Subsection (g) of this section or do not satisfy an applicable | |
269 | - | requirement of Subsection (h) of this section as initial qualified | |
270 | - | applicants, provided that the number of active casino licenses, as | |
271 | - | defined by the legislature, may not at any time exceed the number of | |
272 | - | casino licenses for destination resorts authorized by Subsection | |
273 | - | (b) of this section; and | |
266 | + | licenses to persons that are not initial qualified applicants under | |
267 | + | Subsection (g) of this section, provided that the number of active | |
268 | + | casino licenses, as defined by the legislature, may not at any one | |
269 | + | time exceed the number of casino licenses for destination resorts | |
270 | + | authorized in Subsection (b) of this section; and | |
274 | 271 | (E) restrictions and penalties for the unlawful | |
275 | 272 | conduct of casino gaming and sports wagering; and | |
276 | 273 | (2) may delegate to the Texas Gaming Commission the | |
277 | - | authority to | |
274 | + | authority to prescribe rules regulating casino gaming and sports | |
278 | 275 | wagering in accordance with this section. | |
279 | 276 | (k) State or local public money or facilities developed or | |
280 | 277 | built with state or local public assistance or tax incentives of any | |
281 | 278 | kind may not be used for the development or operation of a | |
282 | 279 | destination resort. The legislature by general law shall prescribe | |
283 | 280 | procedures and enforcement measures to ensure that: | |
284 | 281 | (1) a casino license applicant has the financial | |
285 | 282 | capability of satisfying the minimum investment specified in | |
286 | 283 | Subsection (h) of this section; and | |
287 | 284 | (2) each casino license holder satisfies the | |
288 | 285 | investment required under Subsection (h) of this section. | |
289 | 286 | (l) A person may not have an ownership interest in more than | |
290 | 287 | two casino license holders. The legislature by general law shall: | |
291 | 288 | (1) define ownership interest for purposes of this | |
292 | 289 | subsection; and | |
293 | 290 | (2) prescribe the consequences of violating this | |
294 | 291 | subsection. | |
295 | 292 | (m) The legislature by general law shall direct the Texas | |
296 | - | Gaming Commission to adopt rules | |
293 | + | Gaming Commission to adopt rules to ensure that a person who holds a | |
297 | 294 | casino license and a license to conduct horse racing at a class 1 | |
298 | 295 | racetrack, as that term is defined by general law, maintains a | |
299 | - | number of live horse racing dates at least equivalent to the | |
300 | - | of live horse racing dates held at the racetrack in 2022. | |
296 | + | number of live horse racing dates that is at least equivalent to the | |
297 | + | number of live horse racing dates held at the racetrack in 2022. | |
301 | 298 | (n) A racetrack association that holds a license to conduct | |
302 | 299 | greyhound racing shall cease all racing operations and surrender | |
303 | 300 | that license as a condition of holding, or designating a person to | |
304 | 301 | hold, a casino license. A racetrack association that holds a | |
305 | 302 | license to conduct racing in the Laredo metropolitan statistical | |
306 | 303 | area shall cease all racing operations and surrender that license | |
307 | 304 | as a condition of holding, or designating a person to hold, a casino | |
308 | 305 | license. | |
309 | 306 | (o) The legislature by general law shall ensure the Texas | |
310 | 307 | Racing Commission or its successor regulates the racing operations | |
311 | 308 | of each racetrack association that holds a casino license and the | |
312 | 309 | Texas Gaming Commission regulates casino gaming and sports wagering | |
313 | 310 | operations of the racetrack association. | |
314 | - | (p) The legislature by general law shall | |
315 | - | (1) a 15 percent tax on the gross casino gaming | |
311 | + | (p) The legislature by general law shall: | |
312 | + | (1) impose a 15 percent tax on the gross casino gaming | |
316 | 313 | revenue, as defined by general law, of each casino license holder; | |
317 | 314 | and | |
318 | - | (2) a tax | |
319 | - | ||
320 | - | (q) | |
315 | + | (2) impose a tax on gross sports wagering revenue, as | |
316 | + | defined by general law. | |
317 | + | (q) The state or a state agency or political subdivision of | |
321 | 318 | this state may not impose a tax on the casino gaming revenue or | |
322 | 319 | sports wagering revenue of a casino license holder or a tax or fee | |
323 | - | on the non-casino | |
320 | + | on the non-casino-gaming revenue or non-sports-wagering revenue of | |
324 | 321 | a casino license holder's operations at a destination resort, other | |
325 | 322 | than the taxes authorized by this section or a tax or fee generally | |
326 | 323 | applicable to a business operating in this state. | |
327 | 324 | (r) To fund and support the administration and management of | |
328 | 325 | the Texas Gaming Commission, the legislature by general law shall | |
329 | 326 | establish casino license application fees in the amount of: | |
330 | 327 | (1) $2.5 million for an application to conduct casino | |
331 | 328 | gaming at a destination resort in the Dallas-Fort Worth-Arlington | |
332 | - | or Houston-The Woodlands-Sugar Land metropolitan statistical area; | |
329 | + | or Houston-The Woodlands-Sugar Land metropolitan statistical | |
330 | + | areas; | |
333 | 331 | (2) $1.25 million for an application to conduct casino | |
334 | 332 | gaming at a destination resort in the San Antonio-New Braunfels | |
335 | 333 | metropolitan statistical area; | |
336 | 334 | (3) $1.25 million for an application to conduct casino | |
337 | - | gaming at a destination resort | |
338 | - | Subsection (b)(6) | |
335 | + | gaming at a destination resort pursuant to a casino license | |
336 | + | authorized in Subsection (b)(6); and | |
339 | 337 | (4) $500,000 for an application to conduct casino | |
340 | 338 | gaming at a destination resort in the Corpus Christi or | |
341 | - | McAllen-Edinburg-Mission metropolitan statistical | |
339 | + | McAllen-Edinburg-Mission metropolitan statistical areas. | |
342 | 340 | (s) Notwithstanding any other provision of this | |
343 | 341 | constitution, the legislature by law shall allocate a portion of | |
344 | 342 | the revenues received from taxes imposed on the gross casino gaming | |
345 | 343 | revenue of casino license holders to be used as horse racing purse | |
346 | 344 | money for the public purpose of promoting the growth and | |
347 | 345 | sustainability of the horse racing industry in this state. | |
348 | - | (t) At the request of | |
349 | - | | |
350 | - | | |
351 | - | the governor shall negotiate in good faith, on behalf of this | |
352 | - | a Tribal-State compact as prescribed by the Indian Gaming | |
353 | - | Regulatory Act (Pub. L. | |
354 | - | ||
355 | - | ||
356 | - | ||
357 | - | ||
346 | + | (t) At the request, accompanied by or in the form of a duly | |
347 | + | enacted resolution of the tribe's governing body, of any of the | |
348 | + | three federally recognized Indian tribes with Indian lands in this | |
349 | + | state, the governor shall negotiate in good faith, on behalf of this | |
350 | + | state, a Tribal-State compact as prescribed by the Indian Gaming | |
351 | + | Regulatory Act (Pub. L. 100-479), consistent with the provisions in | |
352 | + | 25 U.S.C. Section 2710(d). Upon the execution of a Tribal-State | |
353 | + | compact, the governor and the elected leader of the requesting | |
354 | + | Indian tribe shall submit the compact to the United States | |
355 | + | Secretary of the Interior. | |
358 | 356 | (u) For the purpose of resolving a tribe's claim that the | |
359 | 357 | governor has not negotiated in good faith with the tribe as required | |
360 | - | by Subsection (t) | |
361 | - | ||
362 | - | ||
363 | - | ||
364 | - | ||
365 | - | ||
358 | + | by Subsection (t), this state consents to the jurisdiction of the | |
359 | + | District Court of the United States with jurisdiction in the county | |
360 | + | where the Indian lands are located or, if the federal court lacks | |
361 | + | jurisdiction, to the jurisdiction of a district court in Travis | |
362 | + | County, and the sovereign immunity of the state is waived for that | |
363 | + | purpose. | |
366 | 364 | (v) If either the Alabama-Coushatta Tribe of Texas or the | |
367 | - | Ysleta del Sur Pueblo | |
368 | - | Indian Gaming Regulatory Act (Pub. L. | |
365 | + | Ysleta del Sur Pueblo are not authorized to offer gaming under the | |
366 | + | Indian Gaming Regulatory Act (Pub. L. 100-479) at the time this | |
369 | 367 | section takes effect, gaming activities by those Tribes shall be | |
370 | 368 | governed by the Ysleta Del Sur Pueblo and Alabama and Coushatta | |
371 | 369 | Indian Tribes of Texas Restoration Act (Pub. L. No. 100-89). | |
372 | 370 | (w) If any provision of this section or its application to | |
373 | 371 | any person or circumstance is held invalid, the invalidity does not | |
374 | 372 | affect other provisions or applications of this section that can be | |
375 | 373 | given effect without the invalid provision or application, and to | |
376 | 374 | this end the provisions of this section are declared to be | |
377 | 375 | severable. | |
378 | 376 | SECTION 4. This proposed constitutional amendment shall be | |
379 | 377 | submitted to the voters at an election to be held November 7, 2023. | |
380 | 378 | The ballot shall be printed to permit voting for or against the | |
381 | 379 | proposition: "The constitutional amendment to foster economic | |
382 | 380 | development and job growth, provide tax relief and funding for | |
383 | 381 | education and public safety programs, support the horse racing | |
384 | 382 | industry, and reform horse racing and greyhound racing by | |
385 | 383 | authorizing casino gaming at destination resorts, authorizing | |
386 | 384 | sports wagering, authorizing Tribal-State compacts with federally | |
387 | - | recognized Indian tribes, | |
388 | - | ||
389 | - | ||
385 | + | recognized Indian tribes, creating the Texas Gaming Commission to | |
386 | + | regulate casino gaming and sports wagering, requiring a license to | |
387 | + | conduct casino gaming, and requiring the imposition of a casino | |
390 | 388 | gaming tax, sports wagering tax, and license application fees." |