April 2nd, 2007
AUSTIN — 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.
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The poker legalization bill is HB 3186.
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Author Contact Info: Kelley Shannon, Associated Press
