Posted by Dr Fro 10:35 PM
This week in the Fort Worth Star Telegram, there was an article on poker legality in Texas.
To bolster his interpretation of Texas' gambling laws, Kypreos is seeking
an opinion from the Texas attorney general's office on the legality of
public poker games that use a point system.
Junell is the attorney, but I think that the basic situation is that there is not a lot of case law on the subject. So, although laws exist, they really haven't been interpreted. When interpreted, I think poker will lose. When you look at every analogous situation, gambling loses in Texas. The only form of gambling that has ever come out ahead in case law is bingo, and the reason is simple: what judge is going to crack down on a source of revenue to churches and a source of fun to blue-haireds? Do you want to be the anti-God anti-grandma judge?
We need new laws in Texas before poker (other than private games) are legal. From a few friends, I understand that lobby efforts are underway. I would be surprised if they were ultimately successful in much the same way that laws were passed to legalize betting on dogs, horses, lotto, etc. I just don't think there is any chance of these tournaments with a house rake being considered legal without new laws.