83R8619 YDB-F
 
  By: Van de Putte S.J.R. No. 43
 
 
 
A JOINT RESOLUTION
  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  superseded by the federal law.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."