Fort Worth—Representative Matt Krause today filed suit against the individual Commissioners of the Texas Racing Commission. In addition, Representative Krause filed an application for a temporary restraining order to prevent the Commissioners from adopting rules which would implement “historical racing machines” in Texas.
Krause filed the suit and restraining order in response to the Texas Racing Commission’s desire to usurp the constitutional power of the Texas Legislature. There has been repeated suggestion that the Commissioners would ignore the wishes of the public, the representatives they elect, and the rule of law by adopting rules making these machines legal. In reality “historical racing machines” are nothing more than slot machines, and the Commission’s desires to legalize them amounts to illegal and unconstitutional lawmaking.
“On behalf of my over 160,000 constituents, the people of Texas, and respect for the Texas Constitution, I have taken steps today to file suit against the members of the Texas Racing Commission, and put a temporary stop to their attempts to usurp the law,” stated Rep. Krause. “A majority of the Texas Senate has already written to the Commissioners to instruct them to respect the power of our elected legislature. In addition, Rep. Dan Flynn has requested an opinion from the Attorney General that would clarify the illegality of the proposed actions of the Racing Commission. We believe that previous legal rulings and the constitutional power of the Texas Legislature leave no doubt that the Racing Commission has no standing to legalize historical racing machines on their own.”
Krause is the Republican member of the Texas House of Representatives, District 93.
“If the courts cannot or will not act on this urgent issue, it will be our job as legislators to rein in the out of control Texas Racing Commission come January. If individual commissioners choose to continue their unconstitutional pursuit of expanded gaming in Texas, they too will have to answer for their actions.”