Bill Text: TX HJR105 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the operation of five casinos in this state by licensed persons in certain counties that have approved casino gaming to provide funding for public education; providing for the requirement of occupational licenses, the authorization of fees, the imposition of a tax, and the provision of criminal penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to State Affairs [HJR105 Detail]
Download: Texas-2023-HJR105-Introduced.html
| 88R8750 PRL-D | ||
| By: Dutton | H.J.R. No. 105 | |
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| proposing a constitutional amendment authorizing the operation of | ||
| five casinos in this state by licensed persons in certain counties | ||
| that have approved casino gaming to provide funding for public | ||
| education; providing for the requirement of occupational licenses, | ||
| the authorization of fees, the imposition of a tax, 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 five casinos, with not more than one casino | ||
| in any one county, and only in the following counties: | ||
| (A) Bexar County; | ||
| (B) Dallas County; | ||
| (C) El Paso County; | ||
| (D) Galveston County; and | ||
| (E) Harris County; | ||
| (2) impose a tax on casino gaming operations in this | ||
| state; | ||
| (3) require net revenue from the regulation and | ||
| taxation of casino gaming authorized under this section to be used | ||
| to fund public education; | ||
| (4) provide: | ||
| (A) a comprehensive licensing program, including | ||
| necessary background investigations and license fees, 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 the licensing program 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 | ||
| (5) 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 listed in Subsection | ||
| (a)(1) of this section 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 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 7, 2023. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment authorizing the | ||
| operation of five casinos in this state by licensed persons in | ||
| certain counties that have approved casino gaming to provide | ||
| funding for public education." | ||
