Bill Text: TX HJR151 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the operation of casino games in this state by federally recognized Indian tribes on certain land.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-29 - Left pending in committee [HJR151 Detail]
Download: Texas-2011-HJR151-Introduced.html
82R12496 YDB-F | ||
By: Thompson | H.J.R. No. 151 |
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proposing a constitutional amendment authorizing the operation of | ||
casino games in this state by federally recognized Indian tribes on | ||
certain land. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsection (a), Section 47, 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 federally recognized Indian tribes operating | ||
under state law or under a compact with this state in the form | ||
prescribed by general law or negotiated by the secretary of state, | ||
on land held in trust by the United States for such tribes on | ||
January 1, 2011, or land acquired by the tribes that is not more | ||
than five miles from the border of the land held in trust by the | ||
tribes on January 1, 2011, and designated by the applicable tribe | ||
for casino gaming operations; | ||
(2) provide for the regulation of all casino gaming by | ||
agencies of this state and the Indian tribes; | ||
(3) 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 and tribal | ||
agencies 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, the Indian tribes, and gaming operations in the state, and to | ||
prevent financial loss to this state and the tribes; | ||
(4) 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; and | ||
(5) provide that not less than eight percent of the | ||
gross gaming revenue generated from casino gaming operated by an | ||
Indian tribe shall be transferred to this state in accordance with | ||
the conditions set forth in the compact authorizing the tribe to | ||
operate casino gaming operations or as provided by general law. | ||
(b) 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. | ||
(c) The legislature may authorize a portion of the revenue | ||
received by this state from the operation of casino gaming under | ||
this section to be distributed to counties and municipalities | ||
impacted by those activities. | ||
(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. The following temporary provision is added to | ||
the Texas Constitution: | ||
TEMPORARY PROVISION. (a) This temporary provision applies | ||
to the constitutional amendment proposed by the 82nd Legislature, | ||
Regular Session, 2011, authorizing the operation of casino games in | ||
this state by federally recognized Indian tribes on certain land. | ||
(b) Not later than December 15, 2011, the executive director | ||
of the Texas Lottery Commission shall appoint an Indian Gaming | ||
Advisory Committee to assist the Texas Lottery Commission with | ||
implementing Section 47a, Article III, of this constitution. The | ||
advisory committee must include the following: | ||
(1) one member with understanding and experience | ||
working in the Indian gaming industry; | ||
(2) one member with experience and knowledge in Indian | ||
gaming regulation; | ||
(3) three members to represent the federally | ||
recognized Indian tribes in this state, one from each tribe; and | ||
(4) other members the executive director considers | ||
necessary. | ||
(c) Not later than December 31, 2011, the Texas Lottery | ||
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, 2013. | ||
SECTION 4. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 8, 2011. | ||
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 federally recognized | ||
Indian tribes on certain land." |