U.S. Senator John Cornyn of Texas has tried to put the brakes on legislation that would allow two federally recognized tribes to operate Class II casinos in Texas.
The legislation, HR 759, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act, already unanimously passed the House this summer. If passed, it would make plain that the tribes are allowed to offer gaming under the Indian Gaming Regulatory Act (IGRA) of 1988.
Cornyn wrote the Senate Indian Affairs Committee: “Texas Governor Greg Abbott, Lieutenant Governor Dan Patrick and Attorney General Ken Paxton have concerns with this legislation because current federal law prohibits gambling on tribal lands unless authorized by the state of Texas.”
The letter added, “In light of these legal and policy disagreements between the Texas state government and these tribes, I request any committee hearings concerning this legislation be postponed until these parties have reached a resolution or agreement.”
The Lone Star State bans most forms of gaming, which includes the Ysleta del Sur Pueblo and Alabama-Coushatta tribal lands. The latter has been operating a Class II casino in Livingston for more than three years. The AG has sued to close the Naskila gaming facility, which opened in 2016, saying it violates state law. He has imposed a $10,000 per day penalty on the tribe. That amount has built up to $12.4 million.
The two tribes’ lands were restored by the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act of 1987, which stipulated that gaming not allowed by the state was prohibited to them as well.
Congress passed IGRA the following year. It gave all federally recognized tribes the right to operate Class II gaming on their lands without a compact. Class III requires a compact.
The only other federally recognized tribe in the state is the Kickapoo Traditional Native Americans, who were restored in 1985, but without the gaming prohibition. It operates the Lucky Eagle Casino.
Alabama-Coushatta Chairman Cecilia Flores fired off a response to Cornyn’s letter: “Senator Cornyn’s letter represents the latest in a series of delays by some Texas elected officials, who appear to be prioritizing politics over equality for the state’s Native American tribes, as well as jobs and economic growth in East Texas.” She added, “We are a federally recognized tribe with sovereign rights, and we would like to assert those sovereign rights.”
She added, “We should be able to depend on our elected officials to support legislation that calls for fairness and equality.”
