AUSTIN—When the 88th Texas Legislature convenes Jan. 10, Texas Baptist public policy watchdogs believe state lawmakers will resist intense pressure to expand gambling and approve some form of vouchers for private education.
“Expect legislation similar to the types of bills filed in the past,” said John Litzler, director of public policy for Texas Baptists’ Christian Life Commission.
But unlike some recent sessions in which legislators faced tight budgets, this year lawmakers likely will work with a $27 billion budget surplus, albeit limited by a spending cap.
“The challenge legislators face is making improvements that can be sustainable for the future,” Litzler said. “They have to look for permanent solutions. It can’t be just a one-time fix, working with extra money.”
Sen. Carol Alvarado, D-Houston, already introduced SJR17, which would allow up to nine casino licenses in Texas, including four for destination casinos, and would create a sports wagering licensing program.
And both Gov. Greg Abbott and Lt. Gov. Dan Patrick campaigned on expanding “school choice,” allowing parents to direct state funds to private schools.
However, Texas Baptists who oppose gambling expansion and support public education note the greatest threat is not a frontal assault on Texas’ prohibition on casino gambling or an effort to launch a full-scale voucher program to divert tax dollars to private religious schools.
Rather, the more likely threats are incremental efforts to authorize sports betting and approve some limited voucher program—perhaps attached as amendments to other bills, they warned.
Efforts to expand legalized gambling
The Texas Constitution prohibits gambling in Texas with a few exceptions—a state-run lottery, pari-mutuel betting on horse and greyhound races, and games such as bingo, pull-tabs and raffles when operated for charitable purposes.
Sign up for our weekly edition and get all our headlines in your inbox on Thursdays
However, individuals and businesses with a vested interest in seeing the expansion of gambling in Texas—from billionaire owners of professional sports teams to Las Vegas-based casinos—already are hiring lobbyists in Austin. In late November, the Houston Chronicle reported state records revealed more than 300 registered lobbyists on gambling issues.
Former Gov. Rick Perry, who opposed gambling expansion when he was in office, now is a spokesman for the Sports Betting Alliance, a coalition organized by Dallas Cowboys owner Jerry Jones. Perry released a video in November calling for legalized mobile sports betting in Texas.
Rob Kohler, a consultant with the CLC, sees “no appetite” in the Texas Senate and little in the House of Representatives for legislation that overtly would legalize casinos in Texas.
Sports gambling would trigger change
However, if Texas allows legalized sports gambling, it automatically opens the door to Native American tribes operating casinos, because it triggers a change in classification under the Indian Gaming Regulatory Act of 1988, Kohler warned.
“It’s not just a slippery slope argument” that says one form of legalized gambling leads to another, Kohler explained. “It’s a turnkey reaction by tribes.”
The Indian Gaming Regulatory Act established three classes of gambling:
- Class 1 is limited to traditional gaming conducted as a part of tribal ceremonies and celebrations, along with social gaming for minimal prizes.
- Class 2 covers bingo and similar games.
- Class 3 includes all forms of gambling that are not Class 1 or Class 2. It includes casino-type gambling such as slot machines, blackjack and roulette.
IGRA grants Native American tribes “the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by federal law and is conducted within a state which does not, as a matter of criminal law and public policy, prohibit such gaming activity.”
Only three federally recognized tribes have reservations in Texas—the Alabama-Coushatta in East Texas, the Tigua in El Paso and the Kickapoo in Eagle Pass.
However, Kohler warned, “Indian lands” could be broadly interpreted to include out-of-state tribes with a historic claim to land in Texas.
So, if the “Class 3 veil is pierced” by allowing any additional form of legalized gambling—including sports wagering—“the right of the citizens of the state to govern gambling no longer exists,” Kohler explained.
Some form of school voucher push possible
Similarly, school vouchers undercut the ability of citizens to govern local public schools through elected school boards by diverting state funds to private schools that are not accountable to the public, said Charles Foster Johnson, executive director of Pastors for Texas Children.
Furthermore, both Johnson and Litzler emphasized, private school vouchers violate religious liberty and the separation of church and state.
Nevertheless, some lawmakers likely will introduce a limited voucher proposal in this legislative session, whether crafted as a pilot program limited to certain urban areas or earmarked for special education, Johnson noted.
Even so, he predicted Texas’ “unique coalition of rural Republicans and urban Democrats” will resist efforts to approve any form of vouchers for private schools, Johnson predicted.
“There is no consensus for vouchers in this state,” Johnson said.
On the other hand, Litzler pointed to a growing consensus among Texas lawmakers to increase funding for mental health services, mostly in response to school violence, such as the May 24 mass shooting at Robb Elementary School in Uvalde.
“There is a bipartisan push to improve mental health services, particularly linked to schools,” he said.
The CLC supports increased funding for mental health as part of its commitment to a broad understanding of “pro-life” initiatives, Litzler noted.
We seek to connect God’s story and God’s people around the world. To learn more about God’s story, click here.
Send comments and feedback to Eric Black, our editor. For comments to be published, please specify “letter to the editor.” Maximum length for publication is 300 words.