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Why are casinos not allowed in Texas?

Opponents of gambling include religious groups, some Las Vegas casino companies and Native American tribes that have casinos on their land. Expanding gambling is difficult in Texas because it's banned by the Texas Constitution.

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Texans like gambling, but don’t bet on lawmakers legalizing casinos or sports betting anytime soon. A new poll by The Dallas Morning News and the University of Texas at Tyler reveals that 57% of Texans support allowing casino gambling in the Lone Star State. Only 29% of respondents are opposed, with 13% saying it doesn’t matter. Of that total, 52% of white evangelicals, a group that routinely blocks the expansion of gambling, are in favor of allowing casinos in Texas. And Texans support sports betting, a trend that’s occurring across the nation, by a 43% to 26% margin, with 31% responding that it doesn’t matter to them. White evangelicals were less thrilled about sports betting. They oppose it by a 44% to 26% margin. It’s not surprising that polls show Texans in favor of the expansion of gambling. Check the casino parking lots in Oklahoma and Louisiana and you’ll find them filled with cars from Texas. Before the pandemic, busloads of Texans would take day trips to casinos in other states. It’s estimated that Texans spend $2.5 billion annually on gambling operations in other states, and proponents of expanding Texas gambling say keeping that revenue in the state could provide needed revenue for education and other services. But no matter its popularity or tax revenue potential, the expansion of gambling in Texas is a long-shot bet. In legislative session after session, gambling bills crap out, with lawmakers taking their cues from anti-gambling expansion forces. Opponents of gambling include religious groups, some Las Vegas casino companies and Native American tribes that have casinos on their land. Expanding gambling is difficult in Texas because it’s banned by the Texas Constitution. It would take two bills to legalize sports betting: one to amend the constitution, which requires approval from two-thirds of both the House and Senate, and one to enact the details of the licensing and regulation. If the amendment passes, it would then need to be approved by a majority of voters.

The trick is to get a referendum before voters.

The politics of gambling is tinged with apathy. Most voters, even those who like it, don’t care enough to push their lawmakers into putting a gambling referendum up for vote, where odds are it would pass. Gambling isn’t an issue that evokes passion from average residents. It does spur passion with the opposition.

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“Folks that are getting elected are not going to their communities and saying, ‘If you send me to Austin I’ll vote for casinos, or fantasy sports, or sports wagering,’” said Robert Kohler, a lobbyist for the Christian Life Commission that represents the Baptist General Convention of Texas. “Until that day comes, I don’t see the needle moving.”

There were signs that this session could be different.

Before he died in January, Las Vegas Sands owner Sheldon Adelson was planning a multimillion-dollar lobbying effort to bring casino gambling to Texas. It’s unclear how the conservative political donor’s death will affect that effort, and last week Las Vegas Sands officials announced that the company is pulling out of Sin City to focus on its operations outside of the United States.

Texas proponents of expanding gambling have renewed or launched new efforts.

Last month my colleague Lauren McGaughy reported that the state’s biggest sports teams, including the Dallas Cowboys, Texas Rangers and Dallas Mavericks, are mounting an effort to legalize sports betting in Texas. Houston state Reps. Dan Huberty, a Republican, and Harold Dutton, a Democrat, have drafted bills to legalize sports betting. With the pandemic threatening state financing, some lawmakers supporting more gambling were prepared to offer an influx of gaming tax revenue as a solution for financial problems. But the state’s economic outlook is much rosier than expected. That leaves gambling proponents where they normally are in Texas — in the red. And this legislative session, with so many other priorities, is not an ideal arena for gambling. State Rep. Rafael Anchía, D-Dallas, said the outlook for expanding gambling is gloomy.

“There’s literally no discussion about it,” Anchía said.

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