Legalized poker will have to wait in Texas, at least for the foreseeable future. HB 222, which was introduced by Representative Jose Menendez, would have legalized poker and recognized it as a game of skill. The bill is now officially labeled as “Postponed” on the Texas Legislature’s website.
In April, HB 222 was approved in Committee by a 6-3 margin. However, citing a propensity by the state’s Governor, Rick Perry, to veto the legislation, Menendez shelved the bill. The Dallas Morning News quoted the Representative on his rationale for no longer pressing ahead: “You need to know when to hold them and you need to know when to fold them.” HB 222 would have clarified poker as a game of skill under Texas state law. Its text noted, “The development of regulated poker gaming in this state will benefit the general welfare of the people of this state by enhancing investment, development, and tourism, resulting in new jobs and additional revenue.”
Licensing fees were explicitly laid out in HB 222 and a tax of 16% would have been levied on commercial gaming establishments’ gross receipts; charitable poker tournaments were to be taxed at 5%. Money derived from poker would then be used to fund various social projects, including renovation and operation of homeless shelters, medical counseling for the homeless, and assistance helping those without shelter find a permanent residence. A special Poker Gaming Commission would be established to oversee the game, which included extensive provisions for the use of electronic tables.
The newspaper also noted that HB 222 needed effectively 100 votes to pass out of 150 in order to withstand a veto. It added, “Gambling opponents say it’s easy to blame the bill’s failure on a budget bailout. But they argue that the real reason gambling gets no traction session after session is because it’s bad policy.” Among those coming out against HB 222 was the Baptist General Convention’s Christian Life Commission, which questioned the upside of passing the legislation. Menendez may reintroduce a pro poker bill in two years. In the meantime, the State of Texas will anxiously await money due from the Federal bailout.
The Commission established in HB 222 would decide how many poker tables each licensed location can operate. Mandatory approval was given to establishments with Texas Alcoholic Beverage Commission licenses, pari-mutuel licenses, or that filed as outlined in the bill. Poker tournament buy-ins were capped at $100 with tournament fees of no more than $30. Regulations for Bad Beat Jackpots were also outlined, with poker rooms able to award up to $250 on site; the Commission would dole out the residual.
An article in the San Antonio News-Express last month noted that 60 to 65 lawmakers said they would support legislation like HB 222 in 2007, with 55 up in the air. That year, a measure by Menendez “to open the door for gaming licenses to be awarded to horse racing tracks and neighborhood bars” failed to see a vote. The lawmaker represents the 124th District of Texas, which includes parts of San Antonio. He was originally elected into office in 2000.
A spokesperson for Menendez, Don Jones, told Poker News Daily that this was the Representative’s third time introducing legislation: “The first one was a touchy-feely bill in 2005. During the last session, it was a more concerted effort. This session, word came down from the Governor’s office that they would veto any expansion of gambling. They didn’t want to hear any arguments that poker was a game of skill versus a game of chance.” Jones did not know if Menendez would consider introducing another measure next session. Menendez told the Houston Chronicle that fighting an inevitable defeat of HB 222 would create ill will in the future: “Sometimes you flush good will if you put a dead bill out on the floor.”
Poker Players Alliance (PPA) Executive Director John Pappas told Poker News Daily, “The legislature had an opportunity to not only legalize poker, but also to tax and regulate it so that all Texans could benefit from the popularity of this game. Governor Perry deliberately prevented the legislature from fixing these laws by telling representatives that he’d refuse to sign the bill. It’s a shame for the poker community and for the taxpayers who have to pay for Perry’s heavy-handed stall tactics.”
I agree with the Reps position of not submitting a dead bill. But, what keeps gnawing at me, we always seem to have to pay for, what should be, basic freedoms. Afterall, shouldn’t I be able to spend MY money on whatever I choose. Why should I have to pay EXTRA just besause someone decides that it’s not morally upright. ie. cigarette tax.
What bothers me is that the people of Texas aren’t getting the option to even vote on whether or not we want it in our state. The “representatives” seem to think they know the minds of everyone in the state, and know what’s best. This is where government breaks down…when the people don’t get the option to vote on what impacts them. Bring it in front of the general populus and let US vote on it.
Also, not putting a bill out there just because of the possibility of it being vetoed is irresponsible at best, scared politics at its worst. If it passes, then Gov. Perry vetoes it, then the people can point to Perry directly for not allowing it. By not bringing it up for vote, then the only one to blame is Menendez for not following through with what his constituents apparently want.
I could go into all the reasons why gambling/casinos should stay out of Texas, and none have to do with morality unless you count predatory business practices (slot machines) that target and capitalize on people’s weakness as immoral. I won’t do that though, this is “Poker News Daily” afterall, and I doubt my arguement will get far here. Instead I will say this. There is absolutely nothing irresponsible about letting a bill die because Perry plans to veto it. In fact, it’s definitely the exact opposite. If legislators were to keep the bill alive, and thus the debate alive, do you have ANY idea how much time would be wasted on trying to pass a bill that won’t even be signed into law? Important things, like, oh I don’t know, health care for children, reforming the public school system and the like, might be pushed aside all for the sake of big business casino owners. Obviously you know very little about the Texas legislature and politics. It shows a lack of vanity on Menendez’s part for allowing his bill to die, and I commend him.
And as for letting the people vote. We elect legislators to make the tough decisions, not to pass it on to the public. They sit through endless committee hearings to hear all of the facts so that they can make an informed decisions; the public, obviously, does not. If it were left up to the people to decide, who do you think is going to win? The anti-gambling groups with very little money, but with the people’s interest at hearts, who have the REAL facts about the economic and social impacts of gambling, or the casino lobbyists and owners who have millions to spend and sway the public, who only have their pocketbooks’ best interest at heart? Trust me again, I know how flashy and appealing gambling lobbyist can make the issue seem. But seriously, think of it this way: do you really think GAMBLING is the solution to our economic woes?? I seriously doubt you can say yes. It’s not about prohibitting individual rights in a sense of letting people spend their money where ever they want; it’s about consumer protection and prohibiting big business from ruining lives (like my family’s, for instance).
I agree with Menendez’s strategic move for the bill. This bill will not a have a rightful oppurtunity to be presented in our state’s congress until our current governor has been voted out of office and replaced with one on our side. Gambling is anyone’s right and should not be withheld for the few that are incapable of self restraint and ruin it for the rest. Have a nice weekend all.
When will people learn that you cannot legislate morality? I’m not surprised that the Baptists help shoot this bill down. What the ultimate result will be is another prohibition (against any kind of gambling, especially online). We all know what the last prohibition got us, The Mob, hundreds of deaths do to illegal booze not made correctly, etc.
I think its ironic that “Texas” Holdem can’t be played in Texas. The issues are simple. The argument that its about consumer protection doesn’t hold water. You are playing against the other players at the table, not the house. Their only interest in the game is taking a % either via a rake on cash games or a fee on tournement play. The argument that poker and cigarettes have anything in common holds some water as both in theroy can be addictive and for people with a predisposition for addiction can be harmful. However unlike cigarettes, if I choose to play poker it has no affect what so ever on the person sitting next to me, it doesn’t cause cancer and short of having a heart attact after hitting a Royal on the river you are unlikely to die from playing.
So if Texas doesn’t want the revenue come up to Tulsa we have some of the best poker facilities around.
See you at the tables
Comments on comments:
Mr. Fiedler, I concur completely.
Mr. Dameron, You are correct on both points
Mrs. Greene,
1) The point on keeping the bill alive is that it does what you say “they spend time on debate”. That’s the point of a “Republic”. Let the Gov. veto it and let the public inundate his office with their point of view.
2) Your comment “And as for letting the people vote. We elect legislators to make the tough decisions, not to pass it on to the public.”. I believe you and the politicians think you live in a democracy. This is due to your public education. This Sovereign State (Texas), as with this country, is a Republic. This means that we elect them to do what we want them to do, not what they want or to “make tough decisions”. The tough decisions are made by the people.
They sit through endless committee meetings and listen to “PITCHES” from business and government agencies. If you (the peasants) want to speak, you get to wait for hours before the bill is heard, then you get to wait for the “PITCHES” to be heard. Oh joy. I sat for 6 hours one day and then the criminal that submitted the bill pulled it.
You are free, at anytime, to go back to school and learn about how Republics are supposed to function. If you want a democracy, move to Mexico where the politicians make the “TOUGH DECISIONS” .
Mr. Lopez,
I suggest you support and vote for Debra Medina. http://www.runmedina.com/
Mr. Mousey,
And the underground gambling community with thrive…
Mr Bashor,
Nice pitch for Oakly-homey, but we prefer poker in Texas… :o)
As for me?
I am wondering why Lavigne (the TX PPA director) did nothing to rally people in the PPA to CALL PERRY and tilt the table to OUR SIDE? The guy doesn’t even post in the Texas PPA Blog… He should be removed as a PPA Representative. I have watched the site from the beginning and it appears the Tim Kelly had a plan with a vision. He told me that he left because of lavigne.
It might be time to get him back!