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Will Texas Legalize Texas Hold ‘em?

Jose Menendez, a state legislator in Texas, is making another attempt to pass a law that will allow poker in the state, though under limited exceptions. The bill is House Bill 222, better known as the Poker Gaming Act of 2009. Time ran out on last year’s version of the bill, but the current bill brings new promise. It states upfront that Texas will regard poker as a game of skill and not a game of luck. While the Texas Constitution prohibits “lottery and gift enterprises,” if poker is exempt from these categories, then only a majority vote will be required to pass the law. However, if it is decided that poker should fall under the category of luck, then a two-thirds majority vote will be necessary to pass the bill as an amendment to the Constitution.

Also in the new bill is a statement suggesting that regulations and licensing surrounding poker will ensure an honest and competitive market that will thrive, free of criminal activity. One point brought up last year was that to regulate poker would make dangerous poker activity obsolete, resulting in less stress put on law enforcement and a plus for public safety, which still stands as a good point for those in favor of the bill.

One technicality in the new bill lies in the actual definition of poker. If the bill is passed, “legal poker” will only refer to Texas Hold ‘em or variations of Texas Hold ‘em and will not include online poker. Other games such as Omaha, Stud, Razz, and Draw Poker were clearly left out of the bill, but may not be out of the question. What is clearly out of the question, though, is the legalization of Internet poker under this bill.

The licensing allowances under the bill will grant charitable operators and commercial operators a license for each venue and a permit for each tournament event. There will be table maximums declared on an individual basis for each event and limitations on rake and jackpot caps. The bill actually favors electronic tables over hand-dealt ones because the electronic tables will automatically be able to meet the daily reporting requirements that the bill demands.

This bill will go into effect on September 1, 2009 if it is passed, and while it’s not a free-for-all poker legalization, it is a baby step toward legal Texas poker, as the state does take pride in its name and heritage and the role the state has played in making poker the sport it is today.

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