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Texas State Gaming Commission Amendment (2015)

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Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

The Texas State Gaming Commission Amendment was not on the November 3, 2015 ballot in Texas as a legislatively referred constitutional amendment. The measure, upon voter approval, would have required the legislature to establish a state gaming commission, which would have administered laws regulating gambling activities.[1]

The amendment would have also permitted the legislature to establish and regulate gaming, including casino gambling, at certain locations.[1]

The measure was introduced into the Texas Legislature by Rep. Carol Alvarado (D-145) as House Joint Resolution 40.[2]

Text of measure

Ballot title

The proposed ballot title was:[1]

The constitutional amendment requiring the legislature to establish a state gaming commission and to authorize and provide for the regulation of gaming conducted in this state on certain coastal barrier islands, on certain dredge spoil islands in coastal counties, at locations for which a license to conduct pari-mutuel wagering on horse or greyhound races is in effect, and in municipalities with a population of at least 675,000, authorizing federally recognized Indian tribes to conduct gaming on certain Indian lands, and requiring the governor to call the legislature into special session to consider gaming legislation.[3]

Constitutional changes

See also: Article 3, Texas Constitution

The proposed amendment would have amended Section 47 of Article 3 of the Texas Constitution. The following struck-through text would have been deleted and the underlined text would have been added by the proposed measure's approval:[1]

(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), and (e), (f), and (g) of this section.

(f) The Legislature by general law shall establish a state gaming commission to administer the laws regulating gaming activities authorized under this subsection and may authorize and provide for regulation of the conduct in this State of one or more types of gaming, including casino gaming, at locations:

(1) on coastal barrier islands at least 25 miles in length that are accessible by a public road on one or more bridges;
(2) on dredge spoil islands at least 18 miles in length that are located in coastal counties;
(3) for which a license to conduct pari-mutuel wagering on horse or greyhound races is in effect; and
(4) in municipalities with a population of at least 675,000.

(g) This section does not prohibit an Indian tribe or tribal organization that was included on the December 30, 1998, list of Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, published in the Federal Register by the Secretary of the Interior as required by 25 U.S.C. Section 479a-1, from conducting gaming on land in this State that is held in trust for the tribe or organization or that is recognized as the tribe’s or organization’s tribal land by the United States in Polk County, Texas, or in El Paso County, Texas. The prohibitions described by Subsection (a) of this section do not apply to gaming by the tribe or organization on land described by this subsection, and the tribe or organization may conduct gaming on that land.

(g-1) Unless the Legislature enacts laws to implement Subsection (f) of this section before that date, not later than June 1, 2016, the Governor shall call the Legislature into special session for the sole purpose of considering and enacting laws to implement Subsection (f) of this section. This subsection expires January 1, 2017.[3]

Path to the ballot

See also: Amending the Texas Constitution

The proposed constitutional amendment was filed by Rep. Carol Alvarado (D-145) as House Joint Resolution 40 on November 10, 2014.[2] A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 Texas Legislature, "HJR No. 40," accessed November 17, 2014
  2. 2.0 2.1 Texas Legislature, "HJR No. 40 History," accessed November 17, 2014
  3. 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content