Despite Terminal Shootings, Lubbock County Unsure On Activity Room Laws

Despite a shooting at a Lubbock gaming room at the end of March that left one dead and multiple injured, Lubbock lawmakers have chosen not to make changes to city regulations that would regulate game rooms.

Game rooms in Lubbock County remain unregulated outside the regulations set forth by the state. The Texas Legislature allowed cities to regulate these rooms about ten years ago, but some leaders chose not to act on the opportunity while others have passed laws outlining regulated game room markets in their jurisdiction.

What constitutes a game room? In brief, the Texas Local Government Code defines them as establishments that operate six or more gaming machines that award small prizes not to exceed $5. However, the types of machines known as “eight liners” that award these small prizes have led to prolonged debates about their legality.

While two gaming bills filed by Representative Charlie Geren and Senator Carol Alvarado would seek to expand resort-style casinos in Texas, Texans shouldn’t expect them to solve the problems associated with Texas game rooms.

Lubbock State Commission in the long run unmoved by simply game bedroom shooting

The Lubbock County Commission had tabled discussion on game room regulations until September to better assess how to budget the project. However, hours after the decision, they found out about several shootings around 92nd Street and Avenue P, and County Commissioner Jason Corley changed his mind.

“The events of today’s shooting at a local game room are a sad reminder of the need for regulations and oversight by law enforcement in the gaming industry in Lubbock County,” said Commissioner Corley to FOX-34 Lubbock.

He went on to draft a press release, emphasizing even more strongly the need for regulation.

“The current lack of regulation,” stated Corley, “has created an environment where criminal activity thrives in game rooms ranging from money laundering to drug dealing and human trafficking.”

Language within the Lubbock activity room pitch

Lubbock County’s game room proposal amended Chapter 234 of the Texas County Code to include the following words:

“In accordance with the authority and provisions of Chapter 234 of the Texas local government code, restricting the number of game rooms within Lubbock County, providing for an application process, providing for additional regulations, providing for a civil penalty for violation of regulations, and providing for related matters. The Lubbock County Commissioners Court hereby designates and directs the Lubbock County Sheriff and his department to enforce these regulations.”

Perhaps in light of the recent shooting, County Sheriff Kelly Rowe addressed the designation of the sheriff’s department as enforcers of the proposal, stating that they simply do not have the bandwidth or resources to enforce yet another regulation.

Commissioners Terrence Kovar, Gilbert Flores, and Judge Curtis Parish ultimately opposed approving the regulations until financial issues and input from concerned individuals could be thoroughly assessed.

In the end, the County Commission voted 3-2 to leave the game room regulations tabled until September.

Lubbock County proponents in favor of regulations

The separated decision regarding the proposal to regulate game rooms in Lubbock County resulted in many possibilities for and against it.

The supporters arguing in favor of legalization feel that these activity rooms could be better monitored to ensure they are safe environments for people. In such a case, they would provide a form of entertainment. Regular follow-ups would reduce the amount of violence and nefarious activities that happen unchecked.

Another matter would be tax revenue. Every county that regulates game rooms has a certain percentage that would go back to the community. For example, many counties contribute gambling earnings towards supporting their state’s public education system.

Reasons many are against the legalization of activity rooms

It is known that many of the underground game rooms not only involve gambling but other activities such as drug trafficking, prostitution, and human trafficking.

While regulating game rooms in Texas would help ensure that the rooms are safe, others believe that the proposal would simply end up legitimizing unwanted activities.

Lubbock County Sheriff Kelly Rowe told Fox-34, “All we’re doing is creating an umbrella of authority over otherwise illegal business in order to see full enforcement which would have tremendous resources.” Rowe’s concern spoke to the need for law enforcement to not only speak out against game rooms but to regulate them with fidelity. Where law enforcement may not be available to enforce game room regulations effectively, officers like Rowe fear that individuals will disregard the law.

Colorado casino charges won’ testosterone solve Texas’ s activity room concerns

There are currently two bills being proposed in Texas that may play a role in moving casino gambling forward.

Rep. Steve Geren, R-Fort Worth, is behind House Joint Resolution 97. This bill categorizes the state’s parimutuel racetracks. There are three in Texas. If passed, it will also increase the number of gambling licenses that are distributed in current mutual areas.

Sen. Jean Alvarado, D-Houston, is supporting Senate Joint Resolution 18.

PlayTexas has evaluated the similarities between the two bills, which were both created to establish resort casinos in Texas. Both bills would require the creation of a new Texas Gaming Commission and allow for retail gambling.

While both touch on slot machines and casino games, they do not address or attempt to regulate game rooms. Instead, they focus on “destination resorts” and not smaller operations such as eight-liner game rooms.

Currently, the Texas law has approached game rooms in two different ways.

First, the Legislature has put the responsibility on local governments to regulate them. Some have done this while others, like Lubbock, have not. Among those local jurisdictions that have regulated game rooms, some have done so with an eye to providing revenue for the area, as the south-Texas town of Elsa has done, while others have regulated them with the goal of curbing illegal activity, as Lufkin has done.

The other approach has been to establish in court that eight-liners are unconstitutional. A Fort Worth Appellate Court ruled last April that they were, but this ruling will likely be appealed to the Texas Supreme Court. Until that happens, Texas’ cities and counties will be left with the troubling task of trying to determine how best to handle the prevalence of game rooms and their attendant problems through local regulations.