AUTHOR: Jerry "Jet" Whittaker TITLE: Push to Legalize Poker in Texas DATE: 7:59 AM ----- BODY: 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
articipants 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. --------