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Krause law suit dismissed, encouraged

By Weston Hicks | 20 hours ago

Judge David Evans of the 48th District Court in Tarrant County dismissed a law suit seeking to stop an unconstitutional rule recently passed by the Texas Racing Commission.

The unconstitutional TRC rule could be dealt with at any time by Governor Perry since the Texas Racing Commission exists in Perry’s executive branch of government. The legal challenge is happening because the governor has, so far, chosen not to act, though now a judge has confirmed the unconstitutionality of the act.

Additionally, the Attorney General Greg Abbott has yet to provide an opinion on the rule making scheme, something he has done in the past to stop such abuses.

Evans ruled that Rep. Matt Krause lacks standing to sue the commissioners. Krause’s case challenged a recently-passed TRC rule bypassing the Texas constitution to legalize slot machines under a scheme called “historical racing terminals”.

However, Judge Evans agreed that the TRC has overstepped its authority in passing the rule. Whether anyone else has sanding to file such a suit was not addressed by Evans. The full opinion has not yet been released.

The temporary opinion written by Evans is, on the whole, encouraging of the legal route for dealing with this problem. However, Evans’s wording of Krause’s lack of standing doesn’t suggest if anyone else has standing and, if anyone, whom. The full opinion has not been released, and it is unknown if those questions will be answered there.

Judge Evans’s temporary ruling