Texas Attorney General Ken Paxton has ignored a federal solicitor’s opinion affirming the Tigua Tribe of El Paso can reopen a casino and filed a federal complaint challenging the tribe’s gaming efforts.
The tribe this fall obtained approval from the National Indian Gaming Commission to operate the Class II Speaking Rock casino on the tribe’s Ysleta del Sur Pueblo reservation, but Texas officials says the tribe doesn’t have the legal standing to run a casino.
In a December 9 brief, Paxton said “No federal agency interpretation can contradict Congressional intent,” and seeks a federal court ruling affirming the Department of Interior does not have the authority to approve a tribal gaming license.
Paxton says the 1987 Ysleta del Sur Pueblo Restoration Act enables Texas to sue the tribe when it undertakes gaming activities the state says are illegal.
Federal officials disagree and say the Tigua tribe’s gaming activities are subject to federal regulation via the 1988 Indian Gaming Regulatory Act, which gives the National Indian Gaming Commission regulatory authority over all tribal Class II gaming activities.
Paxton filed the state’s federal complaint on December 9, which seeks an injunction against the tribe’s gaming efforts, and a declaration that the state has regulatory authority to stop some types of tribal gaming.
While Texas is opposing the Tigua casino, the Texas Racing Commission on December 15 was scheduled to weigh the future of historical racing in the Lone Star State.
Some Texas lawmakers say the Racing Commission overstepped its authority when it allowed electronic games that resemble slot machines but use results from past horse racing events to determine the outcome of wagers.
The gaming machines pool money, similarly to pari-mutuel wagering, and uses a totalizer, to process the games and determine winners and losers.
The Racing Commission is considering whether to repeal the gaming rules, republish them and possibly revise them at a later time, or leaving them in place by doing nothing.
