By: Johnson S.J.R. No. 82
SENATE JOINT RESOLUTION
proposing a constitutional amendment, to be submitted to the voters
of Texas for approval, authorizing the legislature to strictly
regulate and authorize casino gaming and sports wagering by general
law and establishing certain requirements for such law, including
establishment of a state agency with powers to regulate all
lotteries and gift enterprises, imposition of a tax on casino
gaming and sports wagering revenue, requiring licensing of casino
gaming and sports wagering operators, and requiring license
application fees.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 47, Article III, Texas Constitution, is
amended by amending Subsection (a) and adding Subsection (f) 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), and (f) of this section.
(f) The Legislature by general law may authorize and
strictly regulate casino gaming and sports wagering conducted in
this state. Such law must:
(1) define the activities that constitute casino
gaming and sports wagering;
(2) require licenses and license application fees for
casino gaming and sports wagering operators;
(3) establish a commission as a state agency, directly
funded by state lottery proceeds and tax revenue and license
application fees from casino gaming and sports wagering, that shall
have law enforcement powers, including investigative, enforcement,
and audit authority, to determine whether a lottery or gift
enterprise is authorized by law, strictly regulate all lotteries
and gift enterprises authorized by law, and enforce prohibitions of
lotteries and gift enterprises that are not licensed or authorized
by law;
(4) direct the commission to determine where licensed
casino facilities may be located, where sports wagering may be
conducted, and establish and administer the license application
process;
(5) restrict the conduct of casino gaming, as defined
by the Legislature, to onsite casino gaming at a licensed casino
gaming operator's physical premises in this state;
(6) limit the total number of casino gaming licenses
and locations to no more than 10 licensed facilities in this state,
and provide license terms of at least 40 years;
(7) establish a tax on casino gaming and sports
wagering revenue of not more than 15 percent;
(8) prohibit the imposition of any additional tax or
fee by the state or political subdivision of the state on casino
gaming revenue or sports wagering revenue, or on the
non-casino-gaming revenue or non-sports-wagering revenue of a
license holder's operations, other than a tax or fee generally
applicable to a business operating in this state; and
(9) establish a process for this state to negotiate in
good faith and execute in a timely manner, a Tribal-State gaming
compact with any of the three existing federally recognized Indian
tribes with Indian lands in this state to conduct Class III Indian
gaming on a Tribe's existing lands, and as prescribed by the Indian
Gaming Regulatory Act (Pub. L. 100-479), consistent with the
provisions in 25 U.S.C. Section 2710(d), and upon the request of the
tribe.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment to permit the
Legislature, by general law, to authorize and strictly regulate
casino gaming at a limited number of locations and sports wagering
in this state, require licenses and license application fees for
casino gaming and sports wagering operators, establish a gaming
revenue tax on casino gaming and sports wagering operators of not
more than 15 percent, and establish a state agency, funded by state
lottery proceeds and the fees and taxes paid by casino gaming and
sports wagering operators, to regulate all lotteries, casino
gaming, and sports wagering."