Push to Legalize Poker in Texas

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Push to Legalize Poker in Texas

Last Update: Apr 3, 2007 7:12 AM

Poker players who now attend illegally organized card games would get to take part in legal, licensed Texas Hold 'Em wagering across the state under a proposal the Legislature is considering.

The bill by Rep. Jose Menendez, a San Antonio Democrat, would allow live or electronic poker gambling at certain establishments as well as charitable poker for qualified groups.

Poker enthusiasts, including some leading national players, are expected at the Texas Capitol on Tuesday for a hearing on the proposal before the House Licensing and Administrative Procedures Committee.

If enacted into law, the measure would put Texas alongside several other states such as California and Montana that created a safe, regulated environment for poker wagering, said Michael Bolcerek, president of the National Poker Players Alliance.

The Texas proposal calls for allowing the card game Texas Hold 'Em, which Bolcerek describes as "the granddaddy of poker." Its rules provide several opportunities for players to bet and bluff their opponents.

"It's one of the most difficult games to play and requires a consummate amount of skill," said Bolcerek, whose alliance has more than 20,000 members in Texas.

That necessary skill makes poker more a "sport" and sets it apart from other gambling games that rely mostly or solely on chance, according to Bolcerek and other supporters of the bill. The bill states that poker is not a lottery game prohibited under the Texas Constitution.

Existing Texas law allows gambling on a card game if it is done in a private place, such as a home; if no one received economic benefit from the game other than personal winnings; and if the risk of winning or losing is the same for all participants, according to the Texas District and County Attorneys Association.

Poker enthusiasts say businesses illegally organize games now, and all types of people are playing, from grandmothers to lawyers.

Opponents of Menendez's bill so far haven't been vocal.

"I don't understand why anybody would oppose creating legal, regulated gaming that provides revenue for all Texans," Bolcerek said.

Under the proposed legislation, the Texas Lottery Commission would rule on where poker tables would be allowed, such as bars or race tracks. The state and the business establishment would get a cut of the action.

There has been no fiscal analysis of the bill yet by legislative researchers.

Establishments with liquor licenses would be prime spots for poker wagering because those businesses will have gone through the vetting process required for alcohol sales, said Mike Lavigne, treasurer of the Texas Poker Coalition, a political action committee.

Sexually oriented businesses would not be allowed to host games under an updated version of the bill expected to be introduced, Lavigne said. Penalties for illegal games would be toughened, he said.

The proposal does not address Internet poker playing, which Lavigne calls a federal issue.

The Texas Gaming Association, a group of major casino industry officials pushing for destination resort casinos in the state, isn't taking a position on the poker proposal. Poker games and casino gambling are separate issues, said association lobbyist Chris Shields.

Lavigne said he expects there may be some opposition from conservatives who have opposed gambling expansion in Texas.

But, he said, poker is more pervasive in society than casino games like slot machines, and poker players are competing with each other, not the "house," the business hosting the game.

Another bill before the House committee by Rep. Norma Chavez, D-El Paso, would legalize charitable "poker runs" by motorcycle clubs and other groups.

A poker run is when paying participants ride motorcycles to certain sites along a prescribed course to collect a playing card. Those with winning poker hands may receive cash or other prizes.

Attorney General Greg Abbott ruled in 2005 that such events violated state law because they promoted gambling. Chavez's bill would change that provision and allow poker runs by charities.

The poker legalization bill is HB 3186.

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