| 1 | 1 | | By: Johnson S.J.R. No. 82 |
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| 5 | 5 | | |
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| 6 | 6 | | SENATE JOINT RESOLUTION |
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| 7 | 7 | | proposing a constitutional amendment, to be submitted to the voters |
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| 8 | 8 | | of Texas for approval, authorizing the legislature to strictly |
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| 9 | 9 | | regulate and authorize casino gaming and sports wagering by general |
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| 10 | 10 | | law and establishing certain requirements for such law, including |
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| 11 | 11 | | establishment of a state agency with powers to regulate all |
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| 12 | 12 | | lotteries and gift enterprises, imposition of a tax on casino |
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| 13 | 13 | | gaming and sports wagering revenue, requiring licensing of casino |
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| 14 | 14 | | gaming and sports wagering operators, and requiring license |
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| 15 | 15 | | application fees. |
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| 16 | 16 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 17 | 17 | | SECTION 1. Section 47, Article III, Texas Constitution, is |
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| 18 | 18 | | amended by amending Subsection (a) and adding Subsection (f) to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (a) The Legislature shall pass laws prohibiting lotteries |
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| 21 | 21 | | and gift enterprises in this State other than those authorized by |
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| 22 | 22 | | Subsections (b), (d), (d-1), [and] (e), and (f) of this section. |
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| 23 | 23 | | (f) The Legislature by general law may authorize and |
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| 24 | 24 | | strictly regulate casino gaming and sports wagering conducted in |
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| 25 | 25 | | this state. Such law must: |
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| 26 | 26 | | (1) define the activities that constitute casino |
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| 27 | 27 | | gaming and sports wagering; |
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| 28 | 28 | | (2) require licenses and license application fees for |
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| 29 | 29 | | casino gaming and sports wagering operators; |
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| 30 | 30 | | (3) establish a commission as a state agency, directly |
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| 31 | 31 | | funded by state lottery proceeds and tax revenue and license |
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| 32 | 32 | | application fees from casino gaming and sports wagering, that shall |
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| 33 | 33 | | have law enforcement powers, including investigative, enforcement, |
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| 34 | 34 | | and audit authority, to determine whether a lottery or gift |
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| 35 | 35 | | enterprise is authorized by law, strictly regulate all lotteries |
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| 36 | 36 | | and gift enterprises authorized by law, and enforce prohibitions of |
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| 37 | 37 | | lotteries and gift enterprises that are not licensed or authorized |
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| 38 | 38 | | by law; |
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| 39 | 39 | | (4) direct the commission to determine where licensed |
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| 40 | 40 | | casino facilities may be located, where sports wagering may be |
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| 41 | 41 | | conducted, and establish and administer the license application |
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| 42 | 42 | | process; |
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| 43 | 43 | | (5) restrict the conduct of casino gaming, as defined |
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| 44 | 44 | | by the Legislature, to onsite casino gaming at a licensed casino |
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| 45 | 45 | | gaming operator's physical premises in this state; |
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| 46 | 46 | | (6) limit the total number of casino gaming licenses |
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| 47 | 47 | | and locations to no more than 10 licensed facilities in this state, |
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| 48 | 48 | | and provide license terms of at least 40 years; |
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| 49 | 49 | | (7) establish a tax on casino gaming and sports |
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| 50 | 50 | | wagering revenue of not more than 15 percent; |
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| 51 | 51 | | (8) prohibit the imposition of any additional tax or |
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| 52 | 52 | | fee by the state or political subdivision of the state on casino |
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| 53 | 53 | | gaming revenue or sports wagering revenue, or on the |
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| 54 | 54 | | non-casino-gaming revenue or non-sports-wagering revenue of a |
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| 55 | 55 | | license holder's operations, other than a tax or fee generally |
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| 56 | 56 | | applicable to a business operating in this state; and |
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| 57 | 57 | | (9) establish a process for this state to negotiate in |
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| 58 | 58 | | good faith and execute in a timely manner, a Tribal-State gaming |
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| 59 | 59 | | compact with any of the three existing federally recognized Indian |
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| 60 | 60 | | tribes with Indian lands in this state to conduct Class III Indian |
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| 61 | 61 | | gaming on a Tribe's existing lands, and as prescribed by the Indian |
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| 62 | 62 | | Gaming Regulatory Act (Pub. L. 100-479), consistent with the |
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| 63 | 63 | | provisions in 25 U.S.C. Section 2710(d), and upon the request of the |
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| 64 | 64 | | tribe. |
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| 65 | 65 | | SECTION 2. This proposed constitutional amendment shall be |
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| 66 | 66 | | submitted to the voters at an election to be held November 4, 2025. |
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| 67 | 67 | | The ballot shall be printed to permit voting for or against the |
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| 68 | 68 | | proposition: "The constitutional amendment to permit the |
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| 69 | 69 | | Legislature, by general law, to authorize and strictly regulate |
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| 70 | 70 | | casino gaming at a limited number of locations and sports wagering |
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| 71 | 71 | | in this state, require licenses and license application fees for |
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| 72 | 72 | | casino gaming and sports wagering operators, establish a gaming |
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| 73 | 73 | | revenue tax on casino gaming and sports wagering operators of not |
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| 74 | 74 | | more than 15 percent, and establish a state agency, funded by state |
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| 75 | 75 | | lottery proceeds and the fees and taxes paid by casino gaming and |
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| 76 | 76 | | sports wagering operators, to regulate all lotteries, casino |
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| 77 | 77 | | gaming, and sports wagering." |
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