Texans Against Gambling

June 10, 2009

No Gambling Bills Pass this Legislative Session!

The 81st Session of the Texas Legislature, which closed June 1, saw a total of 79 gambling bills introduced. But not one proposal to expand gambling was passed, thanks in large part to TAG supporters in contacting lawmakers.  This is a victory for all Texans who cannot condone government exploitation of the weak and the vulnerable for profit.

TAG and its partners were able to keep lawmakers informed about the damaging consequences of legalizing casinos, video lottery terminals and electronic poker. We were able to support lawmakers on our side and counter the propaganda being spread by some 200 pro-gambling lobbyists.  

The House and Senate both passed a joint resolution asking the Governor, Lt. Governor and Speaker to appoint interim commissions to study the horse and dog racing industry in Texas. The Governor has yet to signal his willingness to appoint such a commission. If he does, TAG will join its partners in bringing information to these commissions. Another resolution to study the “benefits of casinos” passed the House but failed in the Senate. The House version was amended to require a cost/benefit analysis of gambling expansion as well as the impact on Native American gambling in the state.

Meanwhile, pro-gambling supporters are talking about how an expected state revenue deficit in 2011 will demand passage of gambling proposals during the 2011 session.  In the event of a deficit, which is likely, it will be tough to convince lawmakers that gambling is not route to easy riches. It’s up to you and me to continue to spread the facts about gambling.

We want to thank the Christian Life Commission’s staff Suzii Paynter, Stephen Reeves, Rob Kohler, Reagan Reynolds and Julie Valentine for their hard work this session analyzing, tracking and talking to lawmakers about bills. We also want to thank the many legislators who stood firmly with us. Our deepest thanks also to Gov. Perry, for his continuing opposition to expanding the “gambling footprint” in Texas.

TAG continues to need donations in order to continue its work. Please consider giving $5, $10, $15, $25 or whatever you can afford through our secure website.  Opposing gambling is an uphill battle given the large pockets against us. But if we all give a little, we can accomplish a lot.

Sincerely,
Weston Ware,
Legislative Director
 

May 18, 2009

Good news so far!

We have great news! All gambling bills died in the House last week.  Our grateful thanks to all of you who wrote and called your elected officials to express your opposition to expanded gambling.  Those actions made a huge difference. You are a major part of our success.

But we all still need to stay alert. Until sine die at midnight, June 1, gambling promoters will look for any means to attach gambling expansion proposals to legislation still moving toward passage.
 
The bills that died in the House included a proposed constitutional amendment to legalize casino gambling. Sponsors could not come up with the necessary 100 votes to schedule a floor vote. A bill to legalize poker, including electronic poker tables, was pulled by its sponsor Rep. Jose Menendez, of San Antonio, because of Gov. Rick Perry’s indication that he would veto it.

This is great news, but memories of gambling proposals that were reported dead in the press, but got resurrected  later on, continue to be painful.  I remember Rep. Hugo Berlanga in 1986 reporting the death of his pari-mutuel bill only to learn later of its new life and ultimate passage.  I remember a call from a governor telling me that he was not going to veto a gambling bill after all.

All this to say, as the old saying goes, “it’s not over ‘til it’s over.”  Watch for our e-mails, be ready to  communicate with your legislators during these last two weeks.  Express appreciation to those who are standing firm against gambling!  Ask them to stay solid.

Again, your efforts in calling and writing have paid rich dividends and we thank you.  Texans Against Gambling is nothing without your support.

 Why HB 222 to Legalize Poker Must Be Defeated!

HB 222 skirts Texas’ Constitutional Amendment outlawing all “games of chance” by putting forth the outrageous argument that poker is solely a “game of skill.” Since when can card players, through adroit play, manage to be dealt only aces? This is not a bill to allow friendly kitchen table poker games. The bill is a ploy by pro-gambling interests to crack Texas’ stand against casino-style gambling. Among other things, the bill approves electronic poker tables, considered Class III gambling devices. If that happens, Texas is open to federal challenges by the Bureau of Indian Affairs that since Texas has approved Class III gambling, it must allow the expansion of Indian gambling (casinos) in the state. It’s a can of worms. Call you lawmaker now and ask him or her to oppose HB 222! Go to "Fnd Your Legislator" under "Legislative Issues" on this page to find the name of your representative and contact information.

More information about ramifications of HB 222 follows:

HB 222 Authorizes Electronic Poker;  Addiction Mirrors Slot Machine’s “Crack Cocaine” Lure

The ability of slot machines to create addiction quickly has been well documented, which is why these devices (now called video or electronic gambling devices) are known as the “crack cocaine” of gambling. The addictive power of electronic poker is the same, for the same reasons: the speed of play (a good player can go through as many as 12 hands a minute); the built-in ability to keep playing (many video-poker outlets are open 24 hours, and it's not unusual to hear of someone's playing 36 hours straight); the perception that skill is involved (largely false); and the game's hypnotizing effect.

A study, published in 2003, examining Southern Nevada Gamblers Anonymous members, found a strong correlation between video gaming machines and addiction: "Without doubt, video poker machines were the game of choice for the G.A. members. Over two-thirds found the machines to constitute 'serious' problems for them,” according to the study.

States that have legalized video poker have regretted the decision. In 1999 alone:

• The Louisiana public voted to end a gambling "experiment" and unplug 4,683 video poker machines. Oregon and South Dakota were creating initiatives to remove 17,000 video poker machines from the lottery system.
•   The mayor of Las Vegas was considering removing video poker from neighborhoods [accessibility and convenience was creating addicts].
• South Carolina's Governor outlawed more than 34,000 video poker machines, after children, adults and families had suffered a statewide plague of addiction.

House Bill 222 Threatens Constitutional Ban: Poker Not a Game of Chance???

House Bill 222 erroneously purports that poker is a game solely of skill, and has no element of chance... This is of course outrageous….Poker cannot be played without cards…how cards are dealt to a player  is determined solely by chance through the shuffling of the deck of cards prior to the deal….. The presence of  chance in poker is also demonstrated in the proposed electronic poker tables through the existence of a random number generator program that shuffle the electronic facsimiles of the playing cards.

Attorney General Greg Abbott in Opinion GA-0335 opined that the question of whether poker is predominantly a game of chance or skill is “irrelevant”. General Abbott noted, “If an element of chance is involved in a particular game, it is embraced within the definition of ‘bet.’ There is no Texas authority holding that there is no element of chance involved in a game played with cards, including poker, other than the chance attendant upon every human endeavor.” Accordingly, poker meets the three elements of a illegal lottery (consideration, chance, prize) and is prohibited by the Texas Constitution.
Electronic Poker is a Class III Game in Accordance with the Indian Gaming Regulatory Act (IGRA), and if approved Indian Gaming in Texas will expand.

HB 222 Risks Indian Gambling Expansion

Any consideration on House Bill 222 must include a complete understanding of the Indian Gaming Regulatory Act (IGRA), and how the introduction of Electronic Poker, a Class III game, will automatically trigger the expansion of Indian Gaming. The electronic Poker in HB 222 is class III because it would authorize an electronic and mechanical facsimile of a game of chance. Accordingly, IGRA would allow an Indian tribe to engage in class III games if the state in which it is located “permits such gaming for any purpose by any person, organization, or entity” 25 U.S.C.§ 2710(d)(1)(B). Additionally, Federally Recognized Indian Tribes from Oklahoma are poised to leverage “Historical Properties” in Texas if House Bill 222 passes and Class III games are Authorized.

HB 222 Risks Creating Untaxed, Unregulated Indian Casinos

Federally Recognized Indian Tribes cannot be taxed as contemplated in HB 222. Any payments from Indian Tribes to the State of Texas generated from gambling would have to come from a revenue sharing agreement derived from an exclusivity agreement for an Indian Tribe…
In addressing revenue sharing provisions, the Department of Interior generally has only approved revenue sharing provisions when a compact provides “substantial economic benefits” to a tribe through “more favorable terms than any rights of non-Indians to conduct similar gaming activities in the state.” In the opinion of the Department of Interior, without a corresponding economic benefit, a revenue sharing provision is merely a tax that is prohibited by IGRA Sec. 11 (d)(4).

VIEWPOINTS: Legal gambling has ramifications

From a  recent op-ed piece printed in the San Angelo Standard-Times, April 23, 2009, written by John M. Crisp, an English instructor at Del mar College in Corpus Christi.

"Of course, it's not really my business if you want to gamble with your money. But all legal gambling is state-sponsored, in that states initiate and encourage it, as in the case of state lotteries, or they permit it, as in the case of private casinos and other forms of gambling.

And they derive considerable profit from it.

Therefore, state lotteries and even casinos, as sources of public money, become matters of public policy.

At the heart of that policy are values that are entirely antithetical to the ones that we like to think of as thoroughly American, values such as hard work, prudence, thrift, self-reliance and an honest day's work for an honest day's pay.

Instead, lotteries and casinos value irrational risk-taking and something-for-nothing, get-rich-quick schemes that promise a disproportionate reward for a minimal investment.

Come to think of it, isn't that how our economy got into so much trouble in the first place?"

To read the full article, go to: www.gosanangelo.com/news/2009/apr/23/viewpoints-legal-ambling-has-ramifications/
 

 

Filing Closes; Bad Gambling Bills Now in Committees

The time period for filing bills closed last week. Following are the gambling expansion bills now pending in committees at the Texas Legislature:
 

• SJR31, a proposed constitutional amendment for voters to decide whether to allow resort casinos, casinos on American Indian lands and slot machines at horse and dog race tracks. (House version is HJR70)
   
• SB1084, legislation establishing resort casinos, casinos on American Indian lands and slot machines at existing horse and dog race tracks. (House version is HB1724)
   
• HJR107, a proposed constitutional amendment for voters to decide whether to allow casinos on barrier islands like Galveston, in cities of 675,000 or more people, on American Indian lands and at existing race tracks. If voters approve, the governor would call the Legislature back by June 2010 to work out the details.
   
• HB1308, legislation giving American Indian tribes in El Paso and Livingston a defense to prosecution if they operate casinos on their reservations.
   
• HB4062, a bill allowing video slot machines at race tracks and casino gambling at Indian reservations.
   
• HB222, a bill authorizing and regulating poker and declaring it a game of skill.
   
• HB2325, a bill allowing communities to hold local option elections to allow the use of 8-liners (slot machines). Requires a constitutional amendment.
   

HOUSE BILL 1308 – UNREGULATED INDIAN GAMBLING

House Bill 1308, by El Paso Rep. Norma Chavez, amends the Texas Penal Code to give the Tigua Tribe in El Paso and the Alabama-Coushatta Tribe in Livingston, north of Houston, a “defense to prosecution,” meaning that the gambling proposed is illegal, but the tribes would not be prosecuted for their illegal gambling operations activities.

“This bill basically gives tribes a ‘get out of jail free’ card for pursuing illegal gambling businesses that have twice been shuttered for boldly breaking Texas law,” said Weston Ware, TAG legislative director. “It sets a very dangerous precedent of allowing exceptions to penalties for illegal activity .”

The Texas Attorney General went to federal court in March of 2008 to seek a permanent injunction against the Tigua’s for operating illegal 8-liners, he noted. “That case is still pending. Therefore, the Chavez bill is asking the legislature to intervene in an ongoing legal case,” he said.

House Bill 1308 would likely trigger massive litigation by some of the 500 federally-recognized Indian tribes who are poised to capitalize on the broadening definition of “Indian Lands” and will no doubt come to Texas in an  attempt to reclaim historic land.

For more information visit the Indian Casino section.

Recent gem from Waco Tribune editorial writer John Young:

Casinos are germy incubators of social pathogens — crime, despair, hucksterism for the witless. Casino operators will make a buck for themselves and others, including state and local governments. But making a buck off a germy vice never has made it a virtue.

World's greatest disclaimer?

The Statesman's Gardner Selby recently blogged:

"Rob Kohler, an anti-gambling lobbyist, got a kick out of a disclaimer at the end of a study released this week stating that legalizing video lottery terminals (which are like slot machines) at horse and dog tracks could pump billions of dollars into the Texas economy.

The disclaimer opens: "Any statements involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that such opinions or estimates will be realized."

Surely that could be read as saying all the study's big-dollar estimates might not come true.

The disclaimer amounts to standard legalese in economic forecasts, said Mike Lavigne, the spokesman for the pro-gambling Texans for Economic Development, which commissioned the study.

Anyway, he said, lawmakers will act on projections by Comptroller Susan Combs, not outside groups. The state constitution doesn't have language permitting the comptroller to attach disclaimers."

They Are Making the Rounds

Pro-gambling lobbyists – nearly 200 of them – are making the rounds of legislative offices. We are seeing lawmakers deluged with propaganda that gambling can fix the state’s budget woes and bring economic prosperity to cities, particularly Galveston. Rumor has it that Waco Sen. Kip Averitt is holding firm against stiff pressure to carry legislation to legalize Video Lottery Terminals at horse tracks and expand predatory gambling in Texas.

Please call him at (512) 463-0122, or email him and ask him to continue to oppose the expansion of legalized gambling in Texas.

We’re closely watching the following:

• Any proposal that talks about a constitutional amendment related to gambling. This is a ruse to provide cover for lawmakers and to circumvent vetoes by Gov. Perry, who has said he is opposed to gambling.
• A plan being floated by the Texas Gaming Alliance (made up of out-of-state casino interests) to authorize a dozen resort-style casinos and allow slot machines at race tracks and Native American tribes.
• Bills already submitted to legalize the expansion of gambling through poker businesses.
• Bills already submitted to legalize slot machines at race tracks.

It’s never too early to tell your local lawmaker how you feel. Go to www.fyi.legis.state.tx.us/Zip.aspx to find their contact information. Please call or e-mail them and let them know you are opposed to expanding gambling in Texas.

As committees start, having a large list of Texans who sign our petition opposing the expansion of gambling in Texas is a powerful weapon. Please sign up today and encourage your friends and family to join our cause. Together we will make a difference. In the following weeks and months we will keep you updated as things develop and let you know how you can make a difference.

Rep. Mendez Authors Bill to Legalize Poker in Texas

Rep. Jose Menendez, D-San Antonio, has authored a bill that would direct the Texas Lottery Commission to issue poker licenses to authorized establishments. He claims it would help clean up underground, illegal poker games in Texas, and bring in tax revenue. But he’s not telling the whole story.  "The truth of the matter is any bill like this would be difficult to limit to poker – it opens up a much larger category of gambling," said Suzii Paynter, director of the Texas Baptist Christian Life Comission. "It's just the sort of banner that larger gambling interests will try to get in under." 

Read the articlewww.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/0125dntexpoker.42f94ae.html

Nueces County Grand Jury Indicts Aces Wired Execs, Employees

“A Nueces County Grand Jury today indicted 14 people associated with Aces Wired, the Dallas-based gambling company that operated 8-liners across the state. This follows an earlier grand jury indictments in Tarrant and Bexar counties against employees and executives of the company. TAG this month sent letters to 42 Texas elected officials and campaign organizations who have accepted political contributions from Aces Wired executives Gordon Graves and Kenneth Griffin to return those funds or donate the funds to charities helping Hurricane Ike survivors. See who all took money from these gambling kingpins (link to our site). We will keep you posted on developments.

Read the Attorney General’s announcement of the indictments: http://www.oag.state.tx.us/oagNews/release.php?id=2784