Bill Text: TX HJR155 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Proposing a constitutional amendment to foster economic development and job growth, provide tax relief and funding for education and public safety programs, support the horse racing industry, and reform horse racing and greyhound racing by authorizing casino gaming at destination resorts, authorizing sports wagering, authorizing Tribal-State compacts with federally recognized Indian tribes, and creating the Texas Gaming Commission to regulate casino gaming and sports wagering; requiring a license to conduct casino gaming; and requiring the imposition of a casino gaming tax, sports wagering tax, and license application fees.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Introduced - Dead) 2023-05-12 - Postponed 1/12/27 10:00 AM [HJR155 Detail]

Download: Texas-2023-HJR155-Comm_Sub.html
  88R19662 BEE-F
 
  By: Geren, Rose, Davis, et al. H.J.R. No. 155
 
  Substitute the following for H.J.R. No. 155:
 
  By:  Thompson of Harris C.S.H.J.R. No. 155
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment to foster economic
  development and job growth, provide tax relief and funding for
  education and public safety programs, support the horse racing
  industry, and reform horse racing and greyhound racing by
  authorizing casino gaming at destination resorts, authorizing
  sports wagering, authorizing Tribal-State compacts with federally
  recognized Indian tribes, and creating the Texas Gaming Commission
  to regulate casino gaming and sports wagering; requiring a license
  to conduct casino gaming; and requiring the imposition of a casino
  gaming tax, sports wagering tax, and license application fees.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that:
               (1)  the qualified voters of this state should have the
  opportunity to decide whether to authorize casino gaming at
  destination resorts; and
               (2)  if authorized by those voters, casino gaming at
  destination resorts should:
                     (A)  serve the public interest by fostering
  economic development and job growth and providing tax relief and
  funding for education and public safety programs;
                     (B)  be strictly regulated by a newly created
  state agency empowered to adopt rules governing who may obtain a
  casino license and the conduct of casino gaming in this state;
                     (C)  be limited to areas of this state where the
  voters approve a constitutional amendment authorizing casino
  gaming or in which pari-mutuel wagering was previously approved;
                     (D)  be limited to areas of this state where the
  greatest positive economic impact from destination resort
  development can be realized;
                     (E)  use existing pari-mutuel racing licenses to
  allow more immediate development of destination resorts and to more
  quickly realize the related job growth and economic development;
                     (F)  encourage participation by and competition
  between multiple casino license holders; and
                     (G)  result in the reform and revitalization of
  the horse racing industry in this state and the industry's benefits
  to agricultural businesses in this state.
         SECTION 2.  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), (d-1), and (e) of this section and Section 47a
  of this article.
         SECTION 3.  Article III, Texas Constitution, is amended by
  adding Section 47a to read as follows:
         Sec. 47a.  (a) In this section:
               (1)  "Casino" means licensed casino gaming facilities
  within a destination resort.
               (2)  "Casino gaming" means any game of chance or
  similar activity that involves placing a wager for consideration.
  The term includes wagering on any type of slot machine or table
  game, as defined by the legislature, using money, casino credit, or
  any other representation of value. The term does not include:
                     (A)  bingo, a charitable raffle, or the state
  lottery authorized under Section 47 of this article; or
                     (B)  placing, receiving, or otherwise knowingly
  transmitting a wager by a means that requires the use of the
  Internet, except for offering slot machines, table games, or other
  devices approved by the Texas Gaming Commission that use the
  Internet or networking functionality but are played on-site at a
  casino.
               (3)  "Casino license" means a license to conduct casino
  gaming at a casino.
               (4)  "Destination resort" means a mixed-use
  development consisting of casino gaming facilities and a
  combination of tourism amenities and facilities, including hotels,
  restaurants, meeting facilities, attractions, entertainment
  facilities, and shopping centers.
               (5)  "Education" means:
                     (A)  public education;
                     (B)  higher education, including the creation of a
  permanent fund for the benefit of higher education institutions not
  included in the Permanent University Fund established by Section
  11, Article VII, of this constitution; and
                     (C)  adult education related to responsible
  gaming.
               (6)  "Indian lands" means land:
                     (A)  on which gaming is permitted under the Indian
  Gaming Regulatory Act (Pub. L. No. 100-497); or
                     (B)  that was held in trust by the United States on
  January 1, 1998, for the benefit of the Indian tribes pursuant to
  the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of
  Texas Restoration Act (Pub. L. No. 100-89).
               (7)  "Metropolitan statistical area" means a
  metropolitan statistical area designated by the United States
  Office of Management and Budget as of July 1, 2021.
               (8)  "Person" includes an individual and any legal
  entity, including a corporation, organization, partnership, or
  association.
               (9)  "Public safety program" means a program for crime
  prevention and law enforcement, including a program designed to
  prevent and prosecute crimes involving human trafficking and money
  laundering.
               (10)  "Racetrack association" means a person who holds
  a license to conduct racing in this state.
               (11)  "Racing" means a horse race meeting or greyhound
  race meeting with pari-mutuel wagering.
               (12)  "Sports wagering" means placing a wager on a live
  sporting event, as defined by general law.
         (b)  To foster economic development and job growth, provide
  tax relief and funding for education and public safety programs,
  support the horse racing industry, reform horse racing and
  greyhound racing, provide support for the Texas Gaming Commission,
  and provide for destination resorts in populous metropolitan
  statistical areas where pari-mutuel wagering was previously
  approved, casino gaming is authorized under casino licenses for
  casinos at eight destination resorts in the following locations:
               (1)  two destination resorts in the Dallas-Fort
  Worth-Arlington metropolitan statistical area;
               (2)  two destination resorts in the Houston-The
  Woodlands-Sugar Land metropolitan statistical area;
               (3)  one destination resort in the San Antonio-New
  Braunfels metropolitan statistical area;
               (4)  one destination resort in the Corpus Christi
  metropolitan statistical area;
               (5)  one destination resort in the
  McAllen-Edinburg-Mission metropolitan statistical area; and
               (6)  one destination resort located in:
                     (A)  a metropolitan statistical area not
  specified in Subdivisions (1) through (5) of this subsection; and
                     (B)  a county:
                           (i)  no part of which is less than 100 miles
  from a metropolitan statistical area specified in Subdivisions (1)
  through (5) of this subsection; and
                           (ii)  in which a majority of the qualified
  voters voting on the question voted in favor of the amendment that
  added this section to the constitution.
         (c)  The legislature shall:
               (1)  authorize sports wagering only in a place and
  manner prescribed by general law;
               (2)  regulate the conduct of sports wagering by general
  law; and
               (3)  direct the Texas Gaming Commission to adopt rules
  consistent with general law to regulate sports wagering in this
  state.
         (d)  The legislature by general law shall establish the Texas
  Gaming Commission as a state agency with broad authority to adopt
  and enforce the rules necessary to strictly regulate casino gaming
  and sports wagering in accordance with this section.
         (e)  Notwithstanding any other provision of this
  constitution, the Texas Gaming Commission is composed of five
  members appointed by the governor with the advice and consent of the
  senate to serve staggered six-year terms, as established under
  general law. To be eligible for appointment and continued service,
  a member must satisfy the qualifications established by the
  legislature under that law.
         (f)  Notwithstanding any other provision of this
  constitution, a racetrack association may designate a person to
  apply for and hold a casino license under Subsection (g) of this
  section by providing notice to the Texas Gaming Commission in the
  manner prescribed by general law or commission rule consistent with
  general law. A racetrack association may not change the person
  designated in the provided notice unless the person declines the
  designation and may not at any time designate more than one person
  under this subsection. A racetrack association is ineligible to
  hold a casino license if the racetrack association designates a
  person for a license under this subsection unless the person
  declines the designation. Nothing in this subsection affects
  duties or rights established by contract or other law.
         (g)  Subject to this section and notwithstanding any other
  provision of this constitution, the Texas Gaming Commission shall
  issue a casino license to each initial qualified applicant. An
  initial qualified applicant must:
               (1)  be of good moral character, be honest, and have
  integrity;
               (2)  demonstrate that the issuance of the casino
  license to the applicant will not be detrimental to the public
  interest or the casino gaming industry;
               (3)  satisfy the qualifications and any other
  requirements established under general law;
               (4)  demonstrate the financial ability to complete the
  development of and operate the destination resort at which the
  person will conduct casino gaming;
               (5)  have adequate experience in resort development,
  resort management, and casino gaming operations;
               (6)  provide a detailed estimate of the applicant's
  total new development investment in the destination resort; and
               (7)  satisfy the applicable requirements provided in
  Subsection (h) of this section.
         (h)  An initial qualified applicant for a casino license must
  satisfy the following requirements for the metropolitan
  statistical area in which the destination resort will be located:
               (1)  for a casino license in the Dallas-Fort
  Worth-Arlington metropolitan statistical area, the applicant must:
                     (A)  be a racetrack association that on January 1,
  2022, held a license to conduct racing in the Dallas-Fort
  Worth-Arlington metropolitan statistical area or the Laredo
  metropolitan statistical area or be the person designated by the
  racetrack association under Subsection (f) of this section; and
                     (B)  commit to investing for new development of
  the destination resort an amount equal to at least $2 billion,
  including land acquisition;
               (2)  for a casino license in the Houston-The
  Woodlands-Sugar Land metropolitan statistical area, the applicant
  must:
                     (A)  be a racetrack association that on January 1,
  2022, held a license to conduct racing in the Houston-The
  Woodlands-Sugar Land metropolitan statistical area or the
  Brownsville-Harlingen metropolitan statistical area or be the
  person designated by the racetrack association under Subsection (f)
  of this section; and
                     (B)  commit to investing for new development of
  the destination resort an amount equal to at least $2 billion,
  including land acquisition;
               (3)  for a casino license in the San Antonio-New
  Braunfels metropolitan statistical area, the applicant must:
                     (A)  be a racetrack association that on January 1,
  2022, held a license to conduct racing in the San Antonio-New
  Braunfels metropolitan statistical area or be the person designated
  by the racetrack association under Subsection (f) of this section;
  and
                     (B)  commit to investing for new development of
  the destination resort an amount equal to at least $1 billion,
  including land acquisition;
               (4)  for a casino license in the Corpus Christi
  metropolitan statistical area, the applicant must:
                     (A)  be a racetrack association that on January 1,
  2022, held a license to conduct racing in the Corpus Christi
  metropolitan statistical area or be the person designated by the
  racetrack association under Subsection (f) of this section; and
                     (B)  commit to investing for new development of
  the destination resort an amount equal to at least $250 million,
  including land acquisition;
               (5)  for a casino license in the
  McAllen-Edinburg-Mission metropolitan statistical area, the
  applicant must:
                     (A)  be a racetrack association that on January 1,
  2022, held a license to conduct racing in the
  McAllen-Edinburg-Mission metropolitan statistical area or be the
  person designated by the racetrack association under Subsection (f)
  of this section; and
                     (B)  commit to investing for new development of
  the destination resort an amount equal to at least $250 million,
  including land acquisition; and
               (6)  for a casino license authorized by Subsection
  (b)(6) of this section, the applicant must:
                     (A)  be selected through an open bid process
  regulated by general law and commission rule consistent with
  general law; and
                     (B)  commit to investing for new development of
  the destination resort an amount equal to at least $1 billion,
  including land acquisition.
         (i)  A destination resort at which casino gaming is conducted
  under a casino license authorized by Subsections (b)(1)-(5) of this
  section may be located anywhere in the metropolitan statistical
  area for which the license is issued.
         (j)  Consistent with this section, the legislature by
  general law:
               (1)  shall regulate casino gaming and sports wagering
  in this state by prescribing:
                     (A)  additional requirements governing the
  issuance and continued qualification for holding a casino license;
                     (B)  restrictions on the transfer of casino
  licenses;
                     (C)  definitions of terms necessary or useful to
  implement this section and consistent with this section, including
  the terms casino, casino gaming, casino license, destination
  resort, location, and sports wagering;
                     (D)  qualifications for the issuance of new casino
  licenses to persons who are not initial qualified applicants under
  Subsection (g) of this section or do not satisfy an applicable
  requirement of Subsection (h) of this section as initial qualified
  applicants, provided that the number of active casino licenses, as
  defined by the legislature, may not at any time exceed the number of
  casino licenses for destination resorts authorized by Subsection
  (b) of this section; and
                     (E)  restrictions and penalties for the unlawful
  conduct of casino gaming and sports wagering; and
               (2)  may delegate to the Texas Gaming Commission the
  authority to adopt rules regulating casino gaming and sports
  wagering in accordance with this section.
         (k)  State or local public money or facilities developed or
  built with state or local public assistance or tax incentives of any
  kind may not be used for the development or operation of a
  destination resort. The legislature by general law shall prescribe
  procedures and enforcement measures to ensure that:
               (1)  a casino license applicant has the financial
  capability of satisfying the minimum investment specified in
  Subsection (h) of this section; and
               (2)  each casino license holder satisfies the
  investment required under Subsection (h) of this section.
         (l)  A person may not have an ownership interest in more than
  two casino license holders. The legislature by general law shall:
               (1)  define ownership interest for purposes of this
  subsection; and
               (2)  prescribe the consequences of violating this
  subsection.
         (m)  The legislature by general law shall direct the Texas
  Gaming Commission to adopt rules ensuring that a person who holds a
  casino license and a license to conduct horse racing at a class 1
  racetrack, as that term is defined by general law, maintains a
  number of live horse racing dates at least equivalent to the number
  of live horse racing dates held at the racetrack in 2022.
         (n)  A racetrack association that holds a license to conduct
  greyhound racing shall cease all racing operations and surrender
  that license as a condition of holding, or designating a person to
  hold, a casino license. A racetrack association that holds a
  license to conduct racing in the Laredo metropolitan statistical
  area shall cease all racing operations and surrender that license
  as a condition of holding, or designating a person to hold, a casino
  license.
         (o)  The legislature by general law shall ensure the Texas
  Racing Commission or its successor regulates the racing operations
  of each racetrack association that holds a casino license and the
  Texas Gaming Commission regulates casino gaming and sports wagering
  operations of the racetrack association.
         (p)  The legislature by general law shall impose:
               (1)  a 15 percent tax on the gross casino gaming
  revenue, as defined by general law, of each casino license holder;
  and
               (2)  a tax in the amount provided by general law on
  gross sports wagering revenue, as defined by general law.
         (q)  This state or a state agency or political subdivision of
  this state may not impose a tax on the casino gaming revenue or
  sports wagering revenue of a casino license holder or a tax or fee
  on the non-casino gaming revenue or non-sports wagering revenue of
  a casino license holder's operations at a destination resort, other
  than the taxes authorized by this section or a tax or fee generally
  applicable to a business operating in this state.
         (r)  To fund and support the administration and management of
  the Texas Gaming Commission, the legislature by general law shall
  establish casino license application fees in the amount of:
               (1)  $2.5 million for an application to conduct casino
  gaming at a destination resort in the Dallas-Fort Worth-Arlington
  or Houston-The Woodlands-Sugar Land metropolitan statistical area;
               (2)  $1.25 million for an application to conduct casino
  gaming at a destination resort in the San Antonio-New Braunfels
  metropolitan statistical area;
               (3)  $1.25 million for an application to conduct casino
  gaming at a destination resort under a casino license authorized by
  Subsection (b)(6) of this section; and
               (4)  $500,000 for an application to conduct casino
  gaming at a destination resort in the Corpus Christi or
  McAllen-Edinburg-Mission metropolitan statistical area.
         (s)  Notwithstanding any other provision of this
  constitution, the legislature by law shall allocate a portion of
  the revenues received from taxes imposed on the gross casino gaming
  revenue of casino license holders to be used as horse racing purse
  money for the public purpose of promoting the growth and
  sustainability of the horse racing industry in this state.
         (t)  At the request of any of the three federally recognized
  Indian tribes with Indian lands in this state, accompanied by or in
  the form of a duly enacted resolution of the tribe's governing body,
  the governor shall negotiate in good faith, on behalf of this state,
  a Tribal-State compact as prescribed by the Indian Gaming
  Regulatory Act (Pub. L. No. 100-497), consistent with the
  provisions of 25 U.S.C. Section 2710(d). On the execution of a
  Tribal-State compact, the governor and the elected leader of the
  requesting Indian tribe shall submit the compact to the United
  States secretary of the interior.
         (u)  For the purpose of resolving a tribe's claim that the
  governor has not negotiated in good faith with the tribe as required
  by Subsection (t) of this section, this state consents to the
  jurisdiction of the District Court of the United States with
  jurisdiction in the county where the Indian lands are located or, if
  the federal court lacks jurisdiction, to the jurisdiction of a
  district court in Travis County, and the sovereign immunity of this
  state is waived for that purpose.
         (v)  If either the Alabama-Coushatta Tribe of Texas or the
  Ysleta del Sur Pueblo is not authorized to offer gaming under the
  Indian Gaming Regulatory Act (Pub. L. No. 100-497) at the time this
  section takes effect, gaming activities by those tribes shall be
  governed by the Ysleta Del Sur Pueblo and Alabama and Coushatta
  Indian Tribes of Texas Restoration Act (Pub. L. No. 100-89).
         (w)  If any provision of this section or its application to
  any person or circumstance is held invalid, the invalidity does not
  affect other provisions or applications of this section that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this section are declared to be
  severable.
         SECTION 4.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 7, 2023.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment to foster economic
  development and job growth, provide tax relief and funding for
  education and public safety programs, support the horse racing
  industry, and reform horse racing and greyhound racing by
  authorizing casino gaming at destination resorts, authorizing
  sports wagering, authorizing Tribal-State compacts with federally
  recognized Indian tribes, and creating the Texas Gaming Commission
  to regulate casino gaming and sports wagering; requiring a license
  to conduct casino gaming; and requiring the imposition of a casino
  gaming tax, sports wagering tax, and license application fees."
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