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Attorney general declines to offer opinion about poker houses

In January, Rep. Genie Morrison, R-Victoria, asked the attorney general’s opinion on the question: “Are poker gambling enterprises that charge membership or other fees or receive other compensation from gamblers playing poker—but do not receive a ‘rake’—permitted under Texas law?” Austin poker club sues San Antonio poker club Virginia Hoelscher, chair of the opinion committee in the office of Attorney General Ken Paxton, sent a letter to Morrison July 6, declining to offer an opinion. “It is the policy of this office to refrain from issuing an attorney general’s opinion on a question that we know to be the subject of pending litigation,” Hoelscher wrote. She noted the policy has been in place more than 60 years, and an attorney general’s opinions are advisory in nature. “By contrast, court decisions are binding unless and until they have been modified or overturned by a higher court or until the law they construe has been amended. Consequently, when a legal matter is being litigated, the courts are generally the appropriate forum for resolving the issue,” Hoelscher wrote. The litigation she cited involves a poker club in Austin that sued another poker club in San Antonio, alleging unfair competition. The case, Austin Card Room v. FSS Venture, is pending in the 345th District Court in Travis County . In March, Texans Against Gambling, also known as Stop Predatory Gambling Texas, sent a letter to Paxton’s office presenting a legal rationale for finding private poker houses violate the Texas Penal Code.

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