About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

27 Sports Law. J. 103 (2020)
Putting Texas Back in Texas Hold 'Em

handle is hein.journals/sportlj27 and id is 105 raw text is: Putting Texas Back in Texas Hold 'Em Scott Sloan* 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 'Em. Despite praising Texas cultivation ofTexas Hold 'Em, Texas law condemns participation in the game to the secrecy of Texans'homes. Ironically, 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 afutile attempt to exploit perceived loopholes in Texas & 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 law does not lend itself to any valid interpretation that wouldpermit these card rooms. Instead ofupholding such draconian laws, the Texas Legislature should embrace the goal ofthese card rooms and change the law to permit commercial participation in Texas Hold 'Em. Whether through the use ofother 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 namesake recreation that has influenced the world I. INTRODUCTION ................................. ....... 104 II. ORIGIN OF POKER AND TEXAS HOLD 'EM....................................... 104 A. Poker's Most Popular Variant ......................................... 105 B. History of Texas Hold 'Em ............................................... 107 III. LEGAL HISTORY OF AMERICAN GAMBLING.................................... 110 A. General Gambling Law and Its Regional Nuances.......... 110 B. Horse Racing: A Different Legal Animal ....... ...... 113 C. States' Enduring Addiction to the Lottery ..... ...... 115 D. Texas Gambling Law and Its Regional Influences........... 116 IV. PURSUING A COMMERCIAL GAME: ARE CARD ROOMS THE A N SW E R ? .......................................................................................... 12 2 A . Th e D ilem m a .................................................................... 122 B. Texas Law 's Impact on Card Rooms................................ 124 C. Federal Law 's Impact on Card Rooms ............................ 129 V. HOW TO BEST LEGALIZE TEXAS CARD ROOMS .............................. 132 V I. C O N C LU SIO N .................................................................................... 13 5 * 0 2020 Scott Sloan. J.D. candidate 2020, Texas A&M University School of Law; B.E. in Civil Engineering, 2014, Vanderbilt University. I would like to thank my advisor, Professor Angela Morrison, for her advice during the writing and publication process. I also want to thank my wife, Madison, for her support while I wrote this Article. Despite her ambivalence toward the subject, her critical editing eye was key to producing this work. To my son, Charlie, perhaps someday we can sit together at a legal Texas card room and play Texas Hold 'Em. 103

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most