| 1 | 1 | | By: Menéndez S.J.R. No. 90 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | SENATE JOINT RESOLUTION |
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| 5 | 5 | | proposing a constitutional amendment to protect the Kickapoo |
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| 6 | 6 | | Traditional Tribe of Texas by authorizing it to conduct gaming on |
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| 7 | 7 | | certain lands under state law. |
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| 8 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 47(a), Article III, Texas Constitution, |
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| 10 | 10 | | is amended to read as follows: |
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| 11 | 11 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 12 | 12 | | and gift enterprises in this State other than those authorized by |
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| 13 | 13 | | Subsections (b), (d), (d-1), and (e) of this section and Section 47a |
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| 14 | 14 | | of this article. |
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| 15 | 15 | | SECTION 2. Article III, Texas Constitution, is amended by |
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| 16 | 16 | | adding Section 47a to read as follows: |
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| 17 | 17 | | Sec. 47a. If, after January 1, 2023, video lottery |
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| 18 | 18 | | terminals, slot machines, or other forms of gaming are authorized |
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| 19 | 19 | | under state law within 200 miles of the boundary of the Kickapoo |
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| 20 | 20 | | Traditional Tribe of Texas's reservation near Eagle Pass, Texas, |
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| 21 | 21 | | the Kickapoo Traditional Tribe of Texas is authorized to offer the |
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| 22 | 22 | | same types of games or devices or other forms of gaming as |
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| 23 | 23 | | authorized under state law at a location designated by the Tribe. |
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| 24 | 24 | | The number of games or devices authorized at the location shall |
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| 25 | 25 | | equal the maximum number, if any, of games or devices authorized |
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| 26 | 26 | | under state law for other gaming locations. The location must be on |
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| 27 | 27 | | land owned or leased by the Tribe that is within 300 miles of the |
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| 28 | 28 | | boundary of the Kickapoo Traditional Tribe of Texas's reservation. |
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| 29 | 29 | | The gaming authorized under this section shall be regulated by the |
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| 30 | 30 | | Tribe and the Secretary of State. A rule on gaming conducted by the |
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| 31 | 31 | | Tribe that is adopted by the Secretary of State may not be more |
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| 32 | 32 | | restrictive than a rule applicable to other comparable types of |
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| 33 | 33 | | gaming licensed by this state. A tax rate or fee may not be imposed |
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| 34 | 34 | | on the Tribe's gaming operation in an amount that exceeds the amount |
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| 35 | 35 | | of a tax rate or fee imposed on the operators of other gaming |
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| 36 | 36 | | locations or facilities in this state. |
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| 37 | 37 | | SECTION 3. This proposed constitutional amendment shall be |
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| 38 | 38 | | submitted to the voters at an election to be held November 2, 2023. |
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| 39 | 39 | | The ballot shall be printed to permit voting for or against the |
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| 40 | 40 | | proposition: "The constitutional amendment to protect the Kickapoo |
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| 41 | 41 | | Traditional Tribe of Texas by authorizing it to conduct gaming on |
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| 42 | 42 | | certain lands under state law." |
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