Sports Lawyers Journal
Texas takes pride in its unique Western heritage and its adventurously independent spirit. However; the Texas Legislature has spurned a widely popular and uniquely Texan pastime, Texas Hold 'E. Despite praising Texas's cultivation of Texas Hold 'Em, Texas low condemns participation in the game to the secrecy of Texans homes. Tronically, while maintaining an allegedly strict stance against commercial gambling, Texas manages its own lottery and administers pari-mutuel wagering on dog and horse racing tracks.
In a futile attempt to exploit perceived loopholes in Texas's private-gambling exception, some Texans have opened businesses, dubbed "Private Card Rooms" that invite individuals to play commercial games of Texas Hold Em in their establishments. Though legal enforcement against such establishments has been inconsistent, the low does not lend itself to any valid interpretation that would permit these card rooms. Instead of upholding such draconian lows, the Texas Legislature should embrace the goal of these card rooms and change the low to permit commercial participation in Texas Hold Em. Whether through the use of other states'legal models or novel legislation, Texas Hold 'Em should be allowed in public to mitigate the inconsistent state law, increase tax revenues, and sanction public participation in the state's namesake recreation that has influenced the world.
Tulane University School of Law
Putting Texas Back in Texas Hold 'Em,
Sports Law. J.
Available at: https://scholarship.law.tamu.edu/student-scholarship/33