October 1, 2014 5:45 PM

Lottery Commission is asked to sue Racing Commission over historical racing

Groups already suing the Racing Commission prep for a court hearing Thursday

There’s a new twist in the legal battle over what critics say is an unconstitutional expansion of gambling in Texas. One state agency is being asked to sue another.

The Texas Lottery Commission on Wednesday was invited to join in a lawsuit with groups suing the Texas Racing Commission over its move to approve “historical racing.” Those are the video terminals that look like slot machines and allow gamblers to bet on horse races that were previously run.

Representatives for charitable bingo say that the Lottery Commission should join in their suit against the Racing Commission because – among other reasons – the agency’s actions “were taken in the face of overwhelming opposition expressed by members of the Legislature and even when confronted with an opposing vote and statement by one of the TRC’s own Commissioners (who represents the Department of Public Safety) that the Department had determined that the machines are illegal under the Penal Code.”

In a letter dated October 1 to Lottery Commission Chairman Winston Krause, lobbyist Steve Bresnen, who represents the bingo interests, argues that a “substantial increase in electronic gaming in Texas will measurably affect the State Lottery in an entirely negative way. And, as charitable bingo declines, so will the prize fees that generated net general revenue to the State of 27.5 million last year alone.”