Bill Text: TX SJR31 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Proposing a constitutional amendment creating the Texas Gaming Commission, authorizing and regulating the operation of casino games and slot machines by a limited number of licensed operators and certain Indian tribes, authorizing a limited state video lottery system to be operated at horse and greyhound racetracks and on Indian tribal lands, and reducing the number of illegal gambling machines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-18 - Referred to State Affairs [SJR31 Detail]
Download: Texas-2015-SJR31-Introduced.html
| 84R7204 YDB-F | ||
| By: Ellis | S.J.R. No. 31 | |
|
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| proposing a constitutional amendment creating the Texas Gaming | ||
| Commission, authorizing and regulating the operation of casino | ||
| games and slot machines by a limited number of licensed operators | ||
| and certain Indian tribes, authorizing a limited state video | ||
| lottery system to be operated at horse and greyhound racetracks and | ||
| on Indian tribal lands, and reducing the number of illegal gambling | ||
| machines. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article III, Texas Constitution, is amended by | ||
| adding Section 47a to read as follows: | ||
| Sec. 47a. (a) Casino gaming and slot gaming are authorized | ||
| in this state in accordance with this section to provide additional | ||
| money for the property tax relief fund and additional financial aid | ||
| for higher education students. | ||
| (b) The Texas Gaming Commission is established. The | ||
| commission is composed of five members appointed by the governor | ||
| with the advice and consent of the senate. Commission members serve | ||
| staggered six-year terms, with one or two members' terms, as | ||
| applicable, expiring February 1 of each odd-numbered year. The | ||
| governor shall fill a vacancy in a position on the commission for | ||
| the remainder of the unexpired term. The governor shall designate a | ||
| commission member as presiding officer of the commission to serve | ||
| in that capacity at the pleasure of the governor. | ||
| (c) To be eligible for appointment to the commission, a | ||
| person: | ||
| (1) must be a citizen of the United States; | ||
| (2) must have resided in this state for the two years | ||
| preceding the date of the person's appointment; | ||
| (3) may not own a financial or other interest in an | ||
| entity engaged in the conduct of casino or slot gaming or the | ||
| provision of casino or slot services, or in a security issued by | ||
| such an entity, or be related within the second degree by affinity | ||
| or the third degree by consanguinity as determined by general law to | ||
| an individual who owns such a financial or other interest or | ||
| security; | ||
| (4) may not be an applicant for or holder of a license | ||
| or other affirmative regulatory approval under a law administered | ||
| by the commission; and | ||
| (5) may not be a member of the governing body of a | ||
| political subdivision of this state. | ||
| (d) The Texas Gaming Commission has broad authority and | ||
| shall exercise strict control and close supervision over all | ||
| activities related to casino and slot gaming authorized and | ||
| conducted in this state under this section or another law | ||
| administered by the commission. | ||
| (e) The Texas Gaming Commission shall appoint an executive | ||
| director and other necessary personnel and adopt rules the | ||
| commission considers necessary or desirable for the public interest | ||
| in carrying out the policy and provisions of this section and the | ||
| other laws administered by the commission, including rules on: | ||
| (1) licensing and regulating casino owners, slot | ||
| establishment owners, gaming managers, gaming employees, and | ||
| manufacturers and distributors of gaming equipment, including the | ||
| qualifications, definitions, terms, and fees for licenses; | ||
| (2) criteria for awarding, denying, revoking, and | ||
| suspending licenses; | ||
| (3) exclusion of persons and age requirements; | ||
| (4) procedures for conducting investigations, | ||
| inspections, criminal background investigations, audits, complaint | ||
| investigations, and disciplinary hearings; | ||
| (5) reporting and internal control requirements for | ||
| license holders; | ||
| (6) consequences of criminal convictions of license | ||
| holders or applicants; | ||
| (7) enforcement provisions, including disciplinary | ||
| actions and penalties, and security requirements; | ||
| (8) prize payment and redemption; | ||
| (9) regulating the operations of casinos and slot | ||
| establishments; and | ||
| (10) standards for gaming equipment. | ||
| (f) The Texas Gaming Commission shall: | ||
| (1) issue not more than eight licenses to operate slot | ||
| establishments in this state to persons who are licensed to conduct | ||
| pari-mutuel wagering on horse or greyhound races at the location | ||
| licensed for conducting pari-mutuel wagering on horse or greyhound | ||
| races and who comply with requirements of this section and | ||
| commission rule; | ||
| (2) issue not more than six licenses to conduct casino | ||
| gaming to casino-anchored destination attraction development | ||
| projects located in different urban areas of this state that comply | ||
| with requirements of this section and commission rule; | ||
| (3) issue not more than two licenses to conduct casino | ||
| gaming to casino-anchored destination attraction development | ||
| projects located on islands in the Gulf of Mexico that are tourist | ||
| destinations with at least 1,000 guest rooms available for visitors | ||
| in hotels, motels, or condominiums existing on January 1, 2015, and | ||
| that comply with requirements of this section and commission rule; | ||
| and | ||
| (4) allow an Indian tribe that is recognized by the | ||
| United States government under federal law to operate slot machines | ||
| or casino gaming on its Indian land held in trust by the United | ||
| States on January 1, 1998, in accordance with federal law and with: | ||
| (A) an effective gaming agreement that includes a | ||
| provision requiring the Indian tribe to remit to this state a | ||
| portion of its casino gaming or slot gaming revenue in an amount | ||
| equal to the rate provided in the agreement; or | ||
| (B) general state law that includes a provision | ||
| requiring the Indian tribe to remit to this state a portion of its | ||
| casino gaming or slot gaming revenue in an amount equal to the rate | ||
| provided by the general law. | ||
| (g) In determining whether or, for multiple applicants | ||
| competing for a limited number of casino owner's licenses or slot | ||
| establishment owner's licenses within a geographic area, to whom to | ||
| grant a license, the Texas Gaming Commission shall consider the | ||
| following: | ||
| (1) the potential revenue to be collected by this | ||
| state from the conduct of casino gaming at the casino or of slot | ||
| gaming at the slot establishment and the economic impact of each | ||
| competing applicant's proposed gaming and associated facilities; | ||
| (2) the potential number of state residents who would | ||
| be employed in an applicant's proposed casino or slot establishment | ||
| and any proposed associated hotel and nongaming businesses and the | ||
| applicant's good faith plan to recruit, train, and promote a | ||
| workforce that reflects the diverse populations of this state in | ||
| all employment classifications; | ||
| (3) the potential for an applicant's proposed casino | ||
| or slot establishment and any proposed associated hotel and | ||
| nongaming businesses to encourage interstate tourism to this state; | ||
| (4) the potential for the scope, design, location, and | ||
| construction of the applicant's casino or slot establishment and | ||
| any associated hotel and nongaming businesses to contribute to | ||
| developing a first-class gaming industry in this state; | ||
| (5) the applicant's experience in conducting licensed | ||
| gaming operations and the applicant's financial ability to promptly | ||
| construct and adequately maintain the casino or slot establishment | ||
| sought to be licensed, including the experience of the applicant's | ||
| partners, of affiliated companies of the applicant or its partners, | ||
| of key personnel of the applicant or its partners, and of operating | ||
| companies under contract with the applicant; and | ||
| (6) the percentage of equity interest in the applicant | ||
| owned or to be owned by residents of this state. | ||
| (h) To ensure that a requisite level of economic development | ||
| benefiting the people of this state accompanies each casino or slot | ||
| establishment for which an owner's license is granted, the Texas | ||
| Gaming Commission shall require an applicant, as a condition to | ||
| receiving and holding an owner's license, to commit to building a | ||
| casino-anchored destination attraction development project or slot | ||
| establishment that includes total land and development costs of at | ||
| least: | ||
| (1) $400 million for an urban area project; | ||
| (2) $200 million for an island tourist destination | ||
| project; or | ||
| (3) $150 million for a slot establishment. | ||
| (i) Notwithstanding Subsection (f) of this section: | ||
| (1) a license for a casino-anchored destination | ||
| attraction development project may not be issued in a county | ||
| unless: | ||
| (A) a majority of the voters of the county voted | ||
| for the proposition that added this section to this constitution; | ||
| or | ||
| (B) the voters of the county have approved a | ||
| proposition legalizing casino gaming at a local option election | ||
| held under this section; | ||
| (2) not more than two casino owner's licenses may be | ||
| issued for casinos to be located in the same county; and | ||
| (3) a casino owner's license may not be issued for a | ||
| location in an area in which casino gaming or slot gaming is | ||
| prohibited under a gaming agreement between an Indian tribe and | ||
| this state. | ||
| (j) The Texas casino and slot gaming fund is a special fund | ||
| in the state treasury. All application fees, investigation fees, | ||
| and license fees collected by the Texas Gaming Commission or on the | ||
| commission's behalf related to casino and slot gaming shall be | ||
| deposited to the credit of the Texas casino and slot gaming fund. | ||
| Except as provided by this section, the Texas casino and slot gaming | ||
| fund may only be used for the operation of the commission and the | ||
| administration of this section. If the money in the fund exceeds | ||
| the amount necessary for the operation of the commission and the | ||
| administration of this section, the legislature shall transfer any | ||
| excess amount to the dedicated account known as the property tax | ||
| relief fund in the general revenue fund. Money from the property | ||
| tax relief fund may only be appropriated for a purpose that results | ||
| in a reduction of the average school district maintenance and | ||
| operations tax rate or as otherwise provided by general law. | ||
| (k) An applicant applying for an owner's license for a | ||
| casino-anchored destination attraction development project must | ||
| submit to the Texas Gaming Commission a $50 million application | ||
| fee. An applicant applying for an owner's license for a slot | ||
| establishment must submit to the commission a $25 million | ||
| application fee. If an applicant is not awarded an owner's license, | ||
| the commission shall refund the application fee less the costs | ||
| incurred by the commission in reviewing the application and | ||
| conducting a criminal background investigation on the applicant. | ||
| (l) A casino gaming tax in an amount equal to 15 percent of | ||
| the gross gaming revenue of the casino operated under the license is | ||
| imposed on each holder of a casino owner's license. The tax shall be | ||
| computed and paid on a monthly basis in accordance with the | ||
| procedures established by rule of the Texas Gaming Commission. | ||
| (m) A slot gaming tax in an amount equal to 35 percent of the | ||
| gross slot income of the slot establishment operated under the | ||
| license is imposed on each holder of a slot establishment owner's | ||
| license. The tax shall be computed and paid on a monthly basis in | ||
| accordance with the procedures established by rule of the Texas | ||
| Gaming Commission. | ||
| (n) Of the revenue from the taxes imposed by Subsections (l) | ||
| and (m) of this section: | ||
| (1) one-thirtieth of the revenue is allocated to the | ||
| municipality in which the casino is located and one-thirtieth of | ||
| the revenue is allocated to the county in which the casino is | ||
| located; or | ||
| (2) if the casino is located in an unincorporated | ||
| area, one-fifteenth of the revenue is allocated to the county in | ||
| which the casino is located. | ||
| (o) The comptroller of public accounts shall transfer the | ||
| appropriate amount allocated under Subsection (n) of this section | ||
| to the appropriate municipalities and counties not less than | ||
| monthly in the manner the comptroller considers appropriate. | ||
| (p) Except as otherwise provided by this section, the | ||
| revenue from the taxes imposed by Subsections (l) and (m) of this | ||
| section is allocated as follows: | ||
| (1) one-twentieth to the general revenue fund for | ||
| appropriation only to fund a compulsive gambling program | ||
| established by the Texas Gaming Commission; | ||
| (2) one-thirtieth to the general revenue fund for | ||
| appropriation only to the Texas Gaming Commission to provide grants | ||
| to prosecuting attorneys in this state for the investigation and | ||
| prosecution of offenses related to the possession of gambling | ||
| devices and illegal gambling operations; and | ||
| (3) the remainder to the property tax relief fund in | ||
| the general revenue fund. | ||
| (q) The comptroller of public accounts quarterly shall | ||
| determine the net amount of receipts collected from a casino or slot | ||
| establishment from the sales and use taxes, hotel occupancy taxes, | ||
| alcoholic beverage taxes, and franchise taxes imposed under general | ||
| law, or from other taxes imposed under general law as provided by | ||
| the legislature in general law, and shall deposit that amount in the | ||
| general revenue fund. The net amount deposited may only be | ||
| appropriated to fund the TEXAS grant program established under | ||
| Subchapter M, Chapter 56, Education Code, or a similar program | ||
| established by the legislature to provide grants to higher | ||
| education students in this state. | ||
| (r) Not more than 10 percent of the total floor space of a | ||
| casino or slot establishment may be used for gaming areas. | ||
| (s) Casinos and slot establishments are subject to all | ||
| applicable state laws and local ordinances related to health and | ||
| building codes, including rules adopted by the Texas Gaming | ||
| Commission. A local ordinance or zoning law may not prohibit the | ||
| development of a casino or slot establishment authorized by this | ||
| section, except that a casino or slot establishment may not be | ||
| located in an area that on January 1, 2015, was zoned exclusively | ||
| residential, unless otherwise provided by commission rule. | ||
| (t) The commissioners court of a county may at any time | ||
| order an election to legalize casino gaming under this section in | ||
| that county. The commissioners court shall order and hold an | ||
| election to legalize casino gaming under this section in the county | ||
| if the commissioners court is presented with a petition that meets | ||
| the requirements of this section and is certified as valid under | ||
| this section. | ||
| (u) A petition for a legalization election must include a | ||
| statement substantially as follows before the space reserved for | ||
| signatures on each page: "This petition is to require that an | ||
| election be held in (name of county) to legalize casino gaming in | ||
| (name of county)." A petition is valid only if it is signed by | ||
| registered voters of the county in a number that is not less than | ||
| three percent of the total number of votes cast for governor by | ||
| qualified voters of the county in the most recent gubernatorial | ||
| general election. Each voter must enter beside the voter's | ||
| signature the date the voter signs the petition. A signature may | ||
| not be counted as valid if the date of signing is earlier than the | ||
| 90th day before the date the petition is submitted to the | ||
| commissioners court. Each voter must provide on the petition the | ||
| voter's current voter registration number, printed name, and | ||
| residence address, including zip code. | ||
| (v) Not later than the fifth day after the date a petition | ||
| for an election under this section is received in the office of the | ||
| commissioners court, the commissioners court shall submit the | ||
| petition for verification to the county clerk. The county clerk | ||
| shall determine whether the petition is signed by the number of | ||
| registered voters of the county required under Subsection (u) of | ||
| this section. Not later than the 30th day after the date the | ||
| petition is submitted to the county clerk for verification, the | ||
| clerk shall certify in writing to the commissioners court whether | ||
| the petition is valid or invalid. If the county clerk determines | ||
| that the petition is invalid, the clerk shall state the reasons for | ||
| that determination. | ||
| (w) If the county clerk certifies that a petition for an | ||
| election under this section is valid, not later than the 30th day | ||
| after the date of certification, the commissioners court shall | ||
| order that an election be held in the county on the next uniform | ||
| election date provided under general law that allows sufficient | ||
| time to comply with applicable provisions of general law. The | ||
| commissioners court shall state in the order the issue to be voted | ||
| on. The county clerk shall notify the Texas Gaming Commission by | ||
| certified mail, return receipt requested, that an election has been | ||
| ordered. The ballot in a legalization election shall be printed to | ||
| provide for voting for or against the proposition: "Legalizing | ||
| casino gaming within (name of county)." | ||
| (x) The commissioners court shall give written notice of the | ||
| results of the election to the Texas Gaming Commission not later | ||
| than the third day after the date the election is canvassed. If the | ||
| majority of votes cast in a legalization election under this | ||
| section favor the legalization of casino gaming, casino gaming | ||
| under this section is authorized within the county holding the | ||
| election effective on the 10th day after the date the election is | ||
| canvassed. If less than a majority of the votes cast in the | ||
| election favor the legalization of casino gaming, casino gaming is | ||
| not authorized in the county, and a subsequent election on the issue | ||
| may not be held in the county before the corresponding uniform | ||
| election date one year after the date of the election. If in each of | ||
| two consecutive elections within any county less than a majority of | ||
| the votes cast favor the legalization of casino gaming, casino | ||
| gaming is not authorized in the county, and a subsequent election on | ||
| the issue may not be held in the county before the corresponding | ||
| uniform election date five years after the date of the second | ||
| election. | ||
| (y) It is a defense to prosecution for a gambling offense | ||
| under general law that the action was authorized under this section | ||
| or Texas Gaming Commission rule. | ||
| (z) All shipments of slot machines or gaming devices into, | ||
| out of, or within this state authorized under this section or a rule | ||
| adopted by the Texas Gaming Commission 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. | ||
| (aa) Each state agency, including the attorney general and | ||
| the comptroller of public accounts, and each state or local law | ||
| enforcement agency shall cooperate with the Texas Gaming Commission | ||
| as necessary to implement this section. | ||
| (bb) The legislature by general law may impose additional | ||
| restrictions or requirements for the conduct of casino and slot | ||
| gaming. | ||
| (cc) Unless specifically authorized by general law, a | ||
| political subdivision of this state may not impose: | ||
| (1) a tax on the payment of a casino or slot prize; | ||
| (2) a tax, fee, or other assessment on consideration | ||
| paid to play a casino or slot game authorized by this section; or | ||
| (3) a tax or fee on attendance at or admission to a | ||
| casino or slot establishment authorized by this section. | ||
| (dd) In this section, unless modified by general law: | ||
| (1) "Casino" means a facility at which casino gaming | ||
| is conducted by a licensed casino owner as authorized by this | ||
| section. | ||
| (2) "Casino gaming" means any game of chance or | ||
| similar activity that involves the making of a bet for | ||
| consideration. The term includes any type of slot machine or table | ||
| game wagering using money, casino credit, or any representation of | ||
| value. The term does not include bingo, charitable raffles, or the | ||
| state lottery authorized under Section 47 of this article. | ||
| (3) "Casino owner" means a person, trust, corporation, | ||
| partnership, limited partnership, association, limited liability | ||
| company, or other business enterprise that directly holds an | ||
| ownership or leasehold interest in a casino. | ||
| (4) "Gross gaming revenue" means the total amount of | ||
| consideration paid to engage in casino gaming less winnings paid to | ||
| players of the casino games. | ||
| (5) "Gross slot income" means the total amount of | ||
| consideration paid to play slot machines less winnings paid to | ||
| players of the slot machines. | ||
| (6) "Slot establishment" means a facility at which | ||
| slot gaming is conducted by a licensed slot establishment owner as | ||
| authorized by this section. | ||
| (7) "Slot establishment owner" means a person, trust, | ||
| corporation, partnership, limited partnership, association, | ||
| limited liability company, or other business enterprise that | ||
| directly holds an ownership or leasehold interest in a slot | ||
| establishment. | ||
| (8) "Slot gaming" means any game of chance that for | ||
| consideration is played on a slot machine. The term does not | ||
| include bingo, charitable raffles, or the state lottery authorized | ||
| under Section 47 of this article. | ||
| (9) "Slot machine" means a mechanical, electrical, or | ||
| other device or machine that, on insertion of a coin, token, or | ||
| similar object or on payment of consideration, is available to play | ||
| or operate a game, the play or operation of which, wholly or partly | ||
| by the element of chance, may deliver or entitle the person playing | ||
| or operating the device or machine to receive cash, premiums, | ||
| merchandise, tokens, or any other thing of value, whether the | ||
| payoff is made automatically from the device or machine or is made | ||
| in another manner. | ||
| SECTION 2. The following temporary provision is added to | ||
| the Texas Constitution: | ||
| TEMPORARY PROVISION. (a) This temporary provision applies | ||
| to the constitutional amendment proposed by the 84th Legislature, | ||
| Regular Session, 2015, creating the Texas Gaming Commission and | ||
| authorizing and regulating the operation of casino games and slot | ||
| machines by licensed operators and certain Indian tribes to provide | ||
| money for the property tax relief fund and additional financial aid | ||
| for higher education students. | ||
| (b) Not later than January 1, 2016, the governor shall | ||
| appoint the initial members of the Texas Gaming Commission in | ||
| accordance with Section 47a, Article III, of this constitution. In | ||
| making the initial appointments, the governor shall designate one | ||
| member to a term expiring February 1, 2017, two members to terms | ||
| expiring February 1, 2019, and two members to terms expiring | ||
| February 1, 2021. | ||
| (c) Not later than March 1, 2016, the Texas Gaming | ||
| Commission shall adopt the rules, including any emergency rules, | ||
| necessary to implement Section 47a, Article III, of this | ||
| constitution. | ||
| (d) This temporary provision expires January 1, 2017. | ||
| SECTION 3. Article III, Texas Constitution, is amended by | ||
| adding Section 47b to read as follows: | ||
| Sec. 47b. (a) To generate additional revenue to fund state | ||
| governmental programs, this state is authorized to implement a | ||
| limited state video lottery system to be operated at licensed horse | ||
| and greyhound racetracks and on Indian tribal lands in accordance | ||
| with state agency rules adopted under this section or general law | ||
| enacted under this section. The general law must: | ||
| (1) establish or designate a gaming commission to | ||
| adopt and enforce rules consistent with the requirements of this | ||
| section and the general law enacted under this section; | ||
| (2) require this state to continually monitor the | ||
| activity of each video lottery terminal to protect the public | ||
| health, welfare, and safety and the integrity of the state video | ||
| lottery system and to prevent financial loss to this state; | ||
| (3) include a comprehensive registration program to | ||
| govern a person that manufactures, distributes, sells, or leases | ||
| video lottery terminals for use or play in this state and a process | ||
| to approve video lottery terminals for use in the video lottery | ||
| system in accordance with technical standards established by this | ||
| state; | ||
| (4) provide for a comprehensive licensing program to | ||
| govern a person that owns, manages, or maintains video lottery | ||
| terminals operated in this state; | ||
| (5) prohibit operation of video lottery terminals | ||
| except by licensed persons at the following locations: | ||
| (A) a horse or greyhound racetrack licensed to | ||
| conduct pari-mutuel wagering on horse or greyhound races in this | ||
| state on or before January 1, 2015; and | ||
| (B) land in this state that on January 1, 1998, | ||
| was held in trust or recognized as tribal land of an Indian tribe | ||
| recognized by the United States government under federal law; | ||
| (6) prohibit and impose criminal penalties for the | ||
| possession and operation of all electronic and mechanical gaming | ||
| devices other than: | ||
| (A) video lottery terminals operated in | ||
| connection with the video lottery system; or | ||
| (B) a gaming device expressly authorized under | ||
| this constitution or other state law; | ||
| (7) require the gaming commission to: | ||
| (A) establish a one-time initial license fee; | ||
| (B) establish additional ongoing license and | ||
| renewal fees; and | ||
| (C) collect a portion of net revenue generated by | ||
| the operation of video lottery terminals in this state in the amount | ||
| specified by commission rule or general law in accordance with this | ||
| section and: | ||
| (i) provide a portion of the amount of net | ||
| revenue specified by commission rule or general law to state horse | ||
| and greyhound breed registries and the horsemen's organization; and | ||
| (ii) submit the remainder of the net | ||
| revenue to the comptroller of public accounts for deposit in the | ||
| general revenue fund; | ||
| (8) require the total fees assessed and net revenue | ||
| collected under Subdivision (7) of this subsection to: | ||
| (A) provide a regionally competitive economic | ||
| environment for video lottery gaming facilities when considering | ||
| the total taxes and fees applicable to the facilities and the amount | ||
| of net revenue collected from the facilities; and | ||
| (B) provide sufficient revenue to the horse and | ||
| greyhound breed registries and the horsemen's organization to | ||
| facilitate a nationally competitive horse and greyhound racing | ||
| industry in this state; and | ||
| (9) pursue a net reduction in gambling machines in | ||
| this state by reducing the number of illegal machines in this state | ||
| through: | ||
| (A) increasing the offense of possession of a | ||
| gambling device, equipment, or paraphernalia under Section 47.06, | ||
| Penal Code, or a similar statute, other than possession authorized | ||
| by this section or other law, to a felony of the third degree; | ||
| (B) authorizing the attorney general to | ||
| prosecute offenses under Section 47.06, Penal Code, or a similar | ||
| statute; and | ||
| (C) requiring $10 million of the state's portion | ||
| of the annual net revenue generated from the operation of video | ||
| lottery terminals to be transferred in equal monthly installments | ||
| to the attorney general to be used for the prosecution authorized | ||
| under Paragraph (B) of this subdivision. | ||
| (b) Until the gaming commission is established or | ||
| designated as required by Subsection (a) of this section, the state | ||
| agency authorized to operate the state lottery under Section 47(e) | ||
| of this article shall act as the gaming commission and take all | ||
| actions necessary to implement this section, including adopting | ||
| rules and emergency rules, as soon as practicable after the | ||
| constitutional amendment enacting this section is approved by the | ||
| voters. | ||
| (c) All shipments of video lottery terminals or equipment or | ||
| other gaming devices into, out of, or within this state authorized | ||
| under this section or general 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 4. The following temporary provision is added to | ||
| the Texas Constitution: | ||
| TEMPORARY PROVISION. (a) This temporary provision applies to | ||
| the constitutional amendment proposed by the 84th Legislature, | ||
| Regular Session, 2015, providing immediate additional revenue for | ||
| the state budget by authorizing a limited state video lottery | ||
| system to be operated at horse and greyhound racetracks and on | ||
| Indian tribal lands and to pursue a net reduction in gambling | ||
| machines in this state by reducing the number of illegal machines. | ||
| (b) As soon as practicable after the constitutional | ||
| amendment described by Subsection (a) of this temporary provision | ||
| is adopted, the Texas Lottery Commission shall take all actions and | ||
| adopt all rules, including any emergency rules, necessary to | ||
| implement Section 47b, Article III, of this constitution. In | ||
| taking actions to implement Section 47b, the commission shall | ||
| ensure that the total fees assessed and net revenue collected under | ||
| Section 47b(a)(7), Article III, of this constitution provide at | ||
| least $500 million in revenue to this state during the state fiscal | ||
| biennium that begins September 1, 2015. | ||
| (c) This temporary provision expires September 1, 2017. | ||
| SECTION 5. (a) Contingent on a majority of the voters | ||
| approving the ballot proposition described in Section 6(a) of this | ||
| Act and less than a majority of the voters approving the ballot | ||
| proposition described in Section 6(b) of this Act, 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 Section 47a of | ||
| this article. | ||
| (b) Contingent on less than a majority of the voters | ||
| approving the ballot proposition described in Section 6(a) of this | ||
| Act and a majority of the voters approving the ballot proposition | ||
| described in Section 6(b) of this Act, 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 Section 47b of | ||
| this article. | ||
| (c) Contingent on a majority of the voters approving both | ||
| the ballot proposition described in Section 6(a) of this Act and the | ||
| ballot proposition described in Section 6(b) of this Act, 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 Sections 47a and | ||
| 47b of this article. | ||
| (d) If less than a majority of voters approve neither the | ||
| ballot proposition described in Section 6(a) of this Act nor the | ||
| ballot proposition described in Section 6(b) of this Act, this | ||
| section has no effect. | ||
| SECTION 6. (a) The constitutional amendment proposed by | ||
| Sections 1 and 2 of this resolution 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 creating the Texas Gaming Commission and | ||
| authorizing and regulating the operation of casino games and slot | ||
| machines by a limited number of licensed operators and certain | ||
| Indian tribes to provide money for the property tax relief fund and | ||
| additional financial aid for higher education students." | ||
| (b) The constitutional amendment proposed by Sections 3 and | ||
| 4 of this resolution 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 a limited state video lottery system to be | ||
| operated at horse and greyhound racetracks and on Indian tribal | ||
| lands and reducing the number of illegal gambling machines." | ||
