A bill that would recognize the rights of two federally-recognized tribes in Texas to operate casinos advanced in the House as the House Committee on Natural Resources approved H.R.759, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act, by a voice vote.
The bill is relatively noncontroversial, and has broad support in both parties, and from the Trump administration.
Committee Chairman Raul Grijalva commented on the bill last week: “Of the three federally recognized tribes in the state of Texas, only one is allowed to have Class II gaming on its reservation, creating a situation of fundamental unfairness and inequality.”
The one tribe that operate a casino free from harassment by the state of Texas is the Kickapoo. Supporters of the bill want to put the Alabama-Coushatta Tribe and the Ysleta del Sur Pueblo, aka the Tigua Tribe, on the same footing. The state is frequently in court trying to shut down both casinos.
On March 14 the Fifth Circuit Court of Appeals ruled that the Alabama-Coushatta could not operate a casino due to the restrictions in the federal recognition law. Previously another judge similarly ruled on the Tigua Tribe. The Alabama-Coushatta have filed an appeal with the U.S. Supreme Court.
The two tribes have in common the fact that they were recognized in 1987, which makes it difficult for them to put land into trust.
The language of H.R.759 would clear up those restrictions.
The state of Texas opposes the bill.
A representative who supports the bill, Rep. Paul Gosar, explained his support: “No tribe should be treated undifferently in this aspect,” he said. “That’s the law and I think it should be applied fairly.”
If the bill passes in the House, it faces a rougher road in the Senate. One of the stalwarts of that Chamber, Senator John Cornyn of Texas, as attorney general led the court battle to shut the two tribes’ casinos in 2002.
At that time the tribes were offering Class III games, which typically require a tribal-state gaming compact. They have since then shifted to Class II bingo-based games, which do not require a compact.
