We continue to receive many inquiries at the Medina Campaign regarding Debra's position on gambling in Texas. Specifically, what she means when she speaks of conflicts in the current law, and whether in her opinion the Texas Constitution allows gambling or not.

The conflict is in the Texas Constitution itself. The Constitution outlaws gambling, and then adds exceptions for bingo halls, raffles, and a state lottery; however, each of these is only allowed if certain incredibly specific and verbose requirements are followed. The relevant sections are included below. It starts to read like part of the Tax Code. More than that, the Constitution itself directs the Legislature to create the laws that enforce these provisions, adding another layer of specifics, exception language, and loopholes.

The depth of the conflict and the layers of exceptions in Texas law have created an environment where there is no shortage of attempts to fit through legal loopholes by groups that want gambling in Texas, and law enforcement is having a difficult time doing much about it because of the state of the law. See this document from The Texas District & County Attorneys Association titled "The state of gambling law in Texas":

This has to stop. We do not have consistency or justice on this issue, and we are sending a horrid mixed message to our children. Gambling in Texas should be either legal or illegal, we cannot have it both ways. These complex exceptions and ideological inconsistencies are poor basis for just law. Texas is a double-minded man when it comes to this issue, and James tells us the double-minded man is unstable in all that he does.

Our Republican Party of Texas Platform states:

Government-Sponsored Gambling - We continue to oppose government-sponsored gambling as a means of financing state government. Government-sponsored gambling has had a devastating impact on many Texas families. Moreover, we oppose any further legalization, government facilitation, or financial guarantees relating to any type of gambling including casino, riverboat, video lottery terminals (VLTs), slot machine, video keno, eight-liners, multi-state lotteries, and other games of chance including on Indian reservations. We support the repeal of the state lottery, and enforcement of existing laws and regulations related to gambling.

Gambling and Education - We strongly oppose any gambling to fund public education.

This seems well and good, but it is not enough to oppose new laws and support existing ones when the existing ones are so inconsistent. The state lottery needs to be repealed, obviously, but what about the other exceptions? What about church bingo halls and non-profit raffles? Is the proper, consistent position for government to outlaw all cases of individuals participating in private games of chance, or to leave it to the individual? The Republican Party is itself a double-minded man here--we say no further legalization, but the Platform also states, "We believe that good government is based on the individual, and each person's ability, dignity, freedom, and responsibility must be honored and recognized. We believe equal opportunity is a right and a privilege but equal outcome is not. We insist that no one's rights are negotiable and that individual freedom demands personal responsibility."

Governor Perry has been particularly hypocritical about this issue. He campaigns as a strong conservative and claims to work to keep gambling out of Texas, but he has taken millions in campaign contributions from out-of-state gambling interests who want to keep gambling illegal here so that people who want to gamble will keep crossing the border and coming to them. Some will no doubt dismiss this as win/win for Texas and Governor Perry, but if the Republican Party believes gambling is immoral and destroys lives, then this amounts to the Governor accepting blood money in exchange for making sure more of Texas' economy leaves the state.

So how do we resolve this? We talk honestly about the inconsistency, we debate the issue and we adopt clear and consistent law. Debra is not running for church elder, or pontiff, and she does not believe that leadership means telling everyone what to think where opinions are so divided even among people with similar beliefs. She is running for Governor, and she believes her first duty as Governor is to ensure that a system of just laws exist and are fairly applied in Texas. She cannot support maintaining a system where gambling is illegal except for certain special groups and classes that for some reason are assumed to be free from the negative influences--worst of all, the state itself. This question needs to go to the people. Should Texas outlaw all gambling, without exceptions, or should Texas allow individuals to make their own choices?

To resolve the problems in the Constitution requires an amendment and would not be subject to veto. Legislation that results from this discussion that is short of an amendment and comes to Debra would be vetoed if it is unconstitional or if it makes the conflict or the situation in general worse, but would likely receive her signature if it works in the direction of making the law consistent and just.

Texas Constitution on Gambling:

1869

SECTION XXVII. The Legislature shall not authorize any lottery, and shall prohibit the sale of lottery tickets.

1876

SEC. 47. The Legislature shall pass laws prohibiting the establishment of lotteries and gift enterprises in this State, as well as the sale of tickets in lotteries, gift enterprises or other evasions involving the lottery principle, established or existing in other States.

Today, as subsequently amended

Sec. 47. LOTTERIES AND GIFT ENTERPRISES; BINGO GAMES.

(a) The Legislature shall pass laws prohibiting lotteries and gift enterprises in this State other than those authorized by Subsections (b), (d), and (e) of this section.

(b) The Legislature by law may authorize and regulate bingo games conducted by a church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization supporting medical research or treatment programs. A law enacted under this subsection must permit the qualified voters of any county, justice precinct, or incorporated city or town to determine from time to time by a majority vote of the qualified voters voting on the question at an election whether bingo games may be held in the county, justice precinct, or city or town. The law must also require that:

(1) all proceeds from the games are spent in Texas for charitable purposes of the organizations;

(2) the games are limited to one location as defined by law on property owned or leased by the church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization supporting medical research or treatment programs; and

(3) the games are conducted, promoted, and administered by members of the church, synagogue, religious society, volunteer fire department, nonprofit veterans organization, fraternal organization, or nonprofit organization supporting medical research or treatment programs.

(c) The law enacted by the Legislature authorizing bingo games must include:

(1) a requirement that the entities conducting the games report quarterly to the Comptroller of Public Accounts about the amount of proceeds that the entities collect from the games and the purposes for which the proceeds are spent; and

(2) criminal or civil penalties to enforce the reporting requirement.

(d) The Legislature by general law may permit charitable raffles conducted by a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organizations under the terms and conditions imposed by general law.

Texas Statutes on Gambling

The law must also require that:

(1) all proceeds from the sale of tickets for the raffle must be spent for the charitable purposes of the organizations; and
(2) the charitable raffle is conducted, promoted, and administered exclusively by members of the qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization.
(e) The Legislature by general law may authorize the State to operate lotteries and may authorize the State to enter into a contract with one or more legal entities that will operate lotteries on behalf of the State.

(Subsec. (a) amended and (b) and (c) added Nov. 4, 1980; Subsec. (a) amended and (d) added Nov. 7, 1989; Subsec. (a) amended and (e) added Nov. 5, 1991.)