Bill Text: TX SJR36 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the operation of 12 casinos in this state by licensed persons in counties that have approved casino gaming; authorizing the licensing of persons engaged in casino gaming occupations, the imposition of fees, and the provision of criminal penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to State Affairs [SJR36 Detail]
Download: Texas-2021-SJR36-Introduced.html
87R4957 BEE-D | ||
By: Gutierrez | S.J.R. No. 36 |
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proposing a constitutional amendment authorizing the operation of | ||
12 casinos in this state by licensed persons in counties that have | ||
approved casino gaming; authorizing the licensing of persons | ||
engaged in casino gaming occupations, the imposition of fees, and | ||
the provision of criminal penalties. | ||
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), (d-1), 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 to | ||
conduct casino gaming. The law must: | ||
(1) limit casino gaming operations in this state to | ||
gaming operated by persons licensed in this state to operate casino | ||
gaming at not more than 12 licensed casinos; | ||
(2) provide: | ||
(A) a comprehensive licensing program, including | ||
necessary criminal background investigations and license fees, to | ||
govern a person who manages casino gaming operations in this state | ||
or who 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 the licensing program under Paragraph (A) of this | ||
subdivision; and | ||
(C) procedures for monitoring and inspecting | ||
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 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 an election held for that purpose | ||
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 2, 2021. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment authorizing the | ||
operation of 12 casinos in this state by licensed persons in | ||
counties that have approved casino gaming." |