New language has been agreed upon by the Ysleta del sur Pueblo (Tiguas) and the Alabama Coushatta that could be used in proposed constitutional amendments authorizing gambling in Texas.
The new language is part of a narrower strategy on the part of the Tiguas and state Rep. Norma Chavez that concentrates exclusively on changing Texas law through a constitutional amendment rather than through Chavez’s “defense to prosecution” legislation (HB 1308, currently moving through the Texas House). If successful, a constitutional amendment could be put to voters this November.
“The defense to prosecution bill is moving forward with the complete recognition from me and the tribe that Gov. Perry will most likely veto it. We believe that the only option we’re going to have this session is to take a bill directly to the voters,” said Chavez.
The language would clarify that Texas law “does not prohibit [federally recognized tribes] from conducting gaming on land in this state that is held in trust or recognized as tribal land by the United States… Such tribes or tribal organizations are authorized to conduct gaming on such lands.”
Earlier this week, Carlos Hisa, Lt. Governor of the Tiguas, told NewspaperTree that the tribe would support any gaming bill considered in the Texas legislature, while pursuing their own bills (filed by Chavez). The new language agreed upon at a meeting Tuesday is designed as an article that could be slid into any omnibus bill.
“We had a very productive meeting regarding gaming language for any constitutional amendment or enabling legislation that will include the Ysleta del sur Pueblo, Alabama Coushatta and the already gaming Kickapoo.The three tribes met in (Licensing Committee) Chairman (Ed) Kuempel’s office and the Chairman directed us to come up with agreed upon language. After having two meetings on Tuesday, we were able to come to a consensus,” said Chavez.
Keumpel has filed his own omnibus bill, HJR 137.
“The Chairman also asked the racinos, destination-location [and] horsemen to get their agreed upon language to him with a deadline of Monday,” added Chavez.
Those favoring video slots machines at racetracks (so-called “racinos”) have been engaged in an ongoing dispute with gambling interests favoring Las Vegas-style destination resort casinos, [link] a fight the Tiguas can duck and weave through by getting their language in any and every gambling bill. While effectively dropping the defense-to-prosecution strategy, the constitutional amendment route remains a two-pronged affair: 1) getting the new Tigua/Coushatta language into any and all omnibus bills and 2) supporting the Tigua-only bills.
“It’s been a political roller coaster but it’s in our best interest to pursue this strategy,” Chavez said.
“There are so many different avenues being traveled down at the same time. It will depend on what is moving and when because the session is rapidly coming to an end,” said state Rep. Joe Moody, whose role in the Tigua legislation has taken on a new significance this week.
Most gaming bills go to Kuempel’s Licensing committee, including all the omnibus bills Chavez is trying to get the new language into. But two of the Tigua-only bills go respectively to the Border and the Criminal Jurisprudence committees. Moody sits on both of these.
“I’ve expressed El Paso and the Tigua’s interest to [Border Committee] Chair Gonzalez about that particular bill (HJR 108). I would hope that it would pass through. After that it goes to Calendars and then to the floor,” said Moody.
Moody also chairs the Criminal Jurisprudence subcommittee on Criminal Procedure, which will have a public hearing on Chavez’s defense-to-prosecution bill, Monday. Though the bill is likely to be vetoed by Perry, passage out of committee and a good showing on the House floor might act as a boon for efforts to put gaming on the ballot in 2009. Such a bill will need all the boons it can get. Any constitutional amendment, though bypassing the Governor’s desk, would require two-thirds of both branches of the legislature. That’s 21 Senators and 100 House members.
“There's a lot of vote-counting going on right now," said Suzii Paynter, director of the Texas Baptist Christian Life Commission, speaking with Kelly Shannon of the AP last week. (Houston Chronicle, March 15, 2009.) In 2007, no constitutional amendment resolution made it through committee while a Chavez-authored defense to prosecution bill (HB 10) died on the House floor with a tied vote. (Former Speaker Tom Craddick, R-Midland, could have broken the tie but declined.)
But 2009 could be different. Back in 2007 state Reps Joe Straus, R-Alamo Heights (now speaker), Pete Gallego, D-Alpine, Ed Kuempel, R-Seguin, and Veronica Gonzalez, D-McAllen, all voted for HB 10. None of those members held the positions of importance they do now in 2007. Though Speaker Straus has maintained he will stay out of the issue of gambling, the Tigua-only bills have been given a good chance of making it to the House floor with favorable committee referrals and Chavez retaining her place on the Calendars Committee.
But as the support for Tigua gambling is bipartisan, so is the opposition. Yesterday our news-partners at ABC-7 reported that efforts to allow Tigua gambling had hit a “gender-based roadblock.” It might not just be the Baptists who end up opposing the Tigua’s efforts.
Quoting Quorum Report, ABC-7 reported that Chavez was in the “‘delicate position of having to explain why Tigua women don't have the right to vote in tribal elections’ to another lawmaker, fellow Democrat Valinda Bolton from Travis County” and that, “it's been enough to convince Chávez to bring a delegation of Tigua women to Austin to smooth over the concerns.”
Elizabeth Hartman, Bolton’s chief of staff, told ABC-7 that Bolton was “disconcerted to find that women of the tribe don't get to vote for who represents them," and added that Bolton was, “not particularly in favor of gaming in general." Chavez did indeed confirm today that a delegation of Tigua women would be coming to Austin next week, and said she thought the issue was being overplayed by Bolton.
Rep. Senfronia Thompson, D-Harris, the dean of women legislators in the Texas House and veteran advocate of voting rights, said she believes the issue is the business of the Tiguas as a sovereign nation.
“She [Bolton] has a legitimate concern but they are some things we don’t need to interfere with. It my understanding that the women have been given the opportunity to vote for the tribal government but have chosen not to. I am for women's rights but I’m questioning the idea that we have the right to go and tell them how to run their government,” said Thompson.
“We’ve taken their land: what else are we gonna do to them? Tell their women what they should do?” said Thompson.
