Bill Text: TX SJR43 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Proposing a constitutional amendment to authorize online poker gaming regulated under federal law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-18 - Referred to s/c on Fiscal Matters by Chair [SJR43 Detail]
Download: Texas-2013-SJR43-Introduced.html
83R8619 YDB-F | ||
By: Van de Putte | S.J.R. No. 43 |
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proposing a constitutional amendment to authorize online poker | ||
gaming regulated under federal law. | ||
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), and (e) of this section and Section 47a of | ||
this article. | ||
SECTION 2. Article III, Texas Constitution, is amended by | ||
adding Section 47a to read as follows: | ||
Sec. 47a. (a) If a federal law is enacted that establishes | ||
a licensing program to license the operation of online poker | ||
facilities and that allows any state the option of applying the law | ||
to authorize licensed online poker facilities to accept bets for | ||
online poker games from individuals located in the state: | ||
(1) this state is considered to have opted into the | ||
application of the law; and | ||
(2) the operation of any Internet gambling facility in | ||
this state is subject to the provisions of the federal law. | ||
(b) Any state law that conflicts with the federal law | ||
described by Subsection (a) of this section is preempted and | ||
superseded by the federal law. | ||
(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 Subsection (a) of this section, and the | ||
state agency shall adopt rules necessary to implement online poker | ||
in accordance with Subsection (a) of this section and the | ||
applicable federal law. | ||
(d) In this section: | ||
(1) "Bet" means an agreement to win or lose something | ||
of value solely or partially by chance. | ||
(2) "Internet gambling facility" means an Internet | ||
website, or similar communications facility, in which | ||
transmissions may cross any state's boundaries and through which a | ||
bet is initiated, received, or otherwise made and is transmitted by | ||
telephone, Internet, satellite, or other wire or wireless | ||
communication facility, service, or medium. The term includes an | ||
online poker facility that is not operated under a license issued by | ||
a licensing program established under federal law. | ||
(3) "Licensed online poker facility" means an online | ||
poker facility operating under a license issued and authorized by a | ||
licensing program established under federal law. | ||
(4) "Online poker" means any card game that for | ||
consideration offers players of the game the opportunity to: | ||
(A) place a bet on cards dealt out of a common | ||
deck of cards to two or more players; and | ||
(B) compete against each other and not against | ||
the person operating the game. | ||
(5) "Online poker facility" means an Internet gambling | ||
facility through which a bet for a game, hand, tournament, or other | ||
contest of online poker is initiated, received, or otherwise made. | ||
(6) "Operate" or "operation" means to carry on, | ||
maintain, or expose for play. | ||
SECTION 3. This proposed constitutional amendment shall be | ||
submitted to the voters at an election to be held November 5, 2013. | ||
The ballot shall be printed to permit voting for or against the | ||
proposition: "The constitutional amendment to authorize online | ||
poker gaming regulated under federal law." |