Bill Text: TX HJR105 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the operation of casino games in this state by licensed persons in counties that have approved casino gaming; providing for certification or licensing of persons engaged in occupations related to casino gaming.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-17 - Referred to Licensing & Administrative Procedures [HJR105 Detail]
Download: Texas-2015-HJR105-Introduced.html
| 84R9179 YDB-D | ||
| By: Gutierrez | H.J.R. No. 105 | |
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| proposing a constitutional amendment authorizing the operation of | ||
| casino games in this state by licensed persons in counties that have | ||
| approved casino gaming; providing for certification or licensing of | ||
| persons engaged in occupations related to casino gaming. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 47(a), Article III, Texas Constitution, | ||
| is amended 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), and (e) of this section and by Section 47a of | ||
| this article. | ||
| SECTION 2. Article III, Texas Constitution, is amended by | ||
| adding Section 47a to read as follows: | ||
| Sec. 47a. (a) The legislature by general law in accordance | ||
| with this section shall authorize the operation of casino gaming in | ||
| this state in which individuals for consideration play games of | ||
| chance that award prizes and are operated by persons licensed or | ||
| otherwise authorized by this state to conduct casino gaming. The | ||
| law must: | ||
| (1) limit casino gaming operations in this state to | ||
| gaming operated by a person licensed in this state to operate casino | ||
| gaming at a licensed location; | ||
| (2) provide: | ||
| (A) a comprehensive certification or licensing | ||
| program, including necessary background investigations, to govern | ||
| a person that manages casino gaming operations in this state or that | ||
| maintains, manufactures, distributes, sells, or leases casino | ||
| games for use or play in this state; | ||
| (B) procedures for the state agency responsible | ||
| for conducting criminal background investigations for the state to | ||
| provide criminal background information to the state agency | ||
| responsible for certification or licensing under Paragraph (A) of | ||
| this subdivision; and | ||
| (C) procedures for the monitoring and inspection | ||
| of casino gaming operations as necessary to protect the public | ||
| health, welfare, and safety, to preserve the integrity of this | ||
| state and gaming operations in the state, and to prevent financial | ||
| loss to this state; and | ||
| (3) prohibit and impose criminal penalties for the | ||
| possession and operation of all gaming devices other than devices | ||
| operated in connection with authorized casino gaming operations or | ||
| gaming devices otherwise authorized by state law. | ||
| (b) A local option election shall be held in the manner | ||
| determined by general law in each county in which a person applies | ||
| for a license to operate casino gaming. The state agency | ||
| responsible for certifying or licensing persons to operate casino | ||
| gaming may not award a license for casino gaming in any county | ||
| unless a majority of the voters of the county voting in the election | ||
| favor the authorization of casino gaming in that county. If a | ||
| majority of the voters in a county voted for the proposition that | ||
| added this section to this constitution, the county is considered | ||
| to have approved the authorization of casino gaming in that county | ||
| by local option election as required by this subsection. | ||
| (c) In the absence of enabling legislation to implement | ||
| Subsection (a) of this section, the authority of this state to | ||
| operate lotteries under Section 47(e) of this article includes the | ||
| authority of the state agency that operates state lotteries to | ||
| adopt rules to implement casino gaming operations in accordance | ||
| with Subsection (a) of this section, and the state agency shall | ||
| adopt rules to implement casino gaming operations in accordance | ||
| with Subsection (a) of this section. | ||
| (d) All shipments of casino gaming equipment or other gaming | ||
| devices into, out of, or within this state authorized under this | ||
| section or a law enacted under this section are legal shipments of | ||
| the devices and are exempt from the provisions of 15 U.S.C. Sections | ||
| 1171-1178 prohibiting the transportation of gambling devices. | ||
| SECTION 3. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 3, 2015. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment authorizing the | ||
| operation of casino games in this state by licensed persons in | ||
| counties that have approved casino gaming." | ||
