Category Archives: Texas News

Paxton Declares Daily Fantasy Football to be Illegal Gambling

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Embattled Texas Attorney General Ken Paxton threw down the gauntlet on another front on Tuesday when he issued a non-binding opinion declaring daily fantasy football to be illegal gambling as defined under Texas law.  Paxton’s office issued an opinion in response to a request from Rep. Myra Crownover asking whether daily fantasy leagues such as DraftKings and FanDuel were illegal, and whether fantasy sports leagues where the house does not take a rake and the participants wager only among themselves are legal.

The issue turns on the application of Chapter 47 of the Texas Penal Code which prohibits betting on the outcome of sports games or contests or the performance of a participant in a game or contest.  The crux of Paxton’s opinions revolves around the question of whether participating in a commercial daily fantasy league constitutes a bet.   Paxton concludes that because there is an element of chance in those games, then regardless of the skill level involved in picking particular players, participants are placing a bet when they participate in fantasy football.  Therefore, Paxton concludes that commercial daily fantasy football is illegal gambling in Texas.

With respect to the more traditional season-long fantasy leagues where the participants are betting against each other and the house does not take a rake, Paxton concludes that such leagues fall under an exception to the illegal gambling laws.

“Under this statutory framework, odds are favorable that a court would conclude that participation in paid daily fantasy sports leagues constitutes illegal gambling, but that participation in traditional fantasy sport leagues that occurs in a private place where no person receives any economic benefit other than personal winnings and the risks of winning or losing are the same for all participants does not involve illegal gambling.”

In other words, Paxton is going long on the courts finding that your friendly workplace fantasy football league is okay.  Red predicts that this non-binding decision – more than his other well-documented legal problems – will hurt Paxton’s chances for re-election.

Tommy Tipton – Lotto Swindler and Bigfoot Hunter?

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Fayette County Justice of the Peace Tommy Tipton resigned his judicial office in the wake of the scandal surrounding the arrest and conviction of his brother Eddie Tipton for rigging lottery results.  Eddie, the former Director of Security for the Multi-State Lottery Association, is out on bond following his conviction for fraud after attempting to claim a $16.5 million jackpot in Iowa.  But Eddie’s legal problems do not end there.  He faces another Iowa  trial on charges of ongoing criminal conduct and money laundering related to jackpots in other states.  But what does all of this have to do with Bigfoot?

Let Red fill you in.  Iowa prosecutor Rob Sand has asked a judge to bar any discussion of Bigfoot hunting at Eddie’s upcoming trial.  It appears that brother Tommy and two other friends possibly involved in the unfolding scandal are Bigfoot Hunters.

Sand’s motion noted that Tipton is or was a member of the Gulf Coast Bigfoot Research Organization — a group dedicated to searching for Bigfoot and relatives in Southern states whose members “prefer to keep a low profile, due to the repercussions from their peers or employers.”  The GCBRO, however, has distanced itself from Tipton and the lottery scandal.  A spokesman for the group indicated that it hasn’t had a confirmed Tommy Tipton sighting in years.  “It’s been right at, or nearly 15 years since any of us, has conversed with him in any way, shape or form,” founder Bobby Hamilton said.

Worshipping at the Church of the NRA

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At least one Dallas area parishioner is incensed about the  decision of the Catholic Diocese of Dallas to not allow open or concealed carry in its churches.  In fact, incensed enough to cut off tithing to the church and re-direct the money to the NRA.  He or she better hope that Wayne LaPierre is standing at the Pearly Gates instead of St. Peter.

Put Abbott to Work on Something Useful

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Gov. Greg Abbott’s plan to amend the holy crap out of the U.S. Constitution looks to be a non-starter judged solely by the complete lack of buzz surrounding his “big” announcement.  Red saw Megyn Kelly giving him what-for on her show a few nights ago, but other than that –  cue the crickets.   So instead of directing so much of his energy towards not actually running the state he was electing to govern (hence the title “governor”), Tom Herman of the Austin American-Statesman suggests that Abbott turn his attention to a document that actually could use some revising – namely, the bloated, turgid and all too frequently amended Texas Constitution.

 Abbott is correct on another front: There indeed is a Constitution overdue for a major overhaul. It’s our very own semi-beloved Texas Constitution, a 90,000-word, 385-section, 491-amendment mélange of a mess of a pastiche of a patchwork of a guiding document.

The last real run at reworking the Texas Constitution — and it turned out to be a run that barely got beyond the starting line — was in 1999 when then-state Sen. Bill Ratliff, R-Mount Pleasant, and Rep. Rob Junell, D-San Angelo, tried it.

As the 1999 legislative session began, Ratliff and Junell noted a new millennium was approaching and “we must exercise foresight to prepare this state and its citizens for the challenges of the next century.”

Brilliant Attorney Ted Cruz Can’t Figure Out How to Follow the Law

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Multiple outlets are reporting that Sen. Ted Cruz (TP-Texas) failed to report as much as $500,000 in loans from Goldman Sachs that may have been used to help finance his longshot  2012 Senate campaign.  Cruz is downplaying this as an “inadvertent” filing error, but part of his Senate campaign was premised on his anti-Wall Street rhetoric and the fact that he was getting preferential loans from a Wall Street giant (that also employed his wife) would not have fit well into that narrative.  Cruz explains one of the loans as a “standard margin loan” that you would have with any brokerage account.  Red calls BS on that one.  There is nothing “standard” about margin loans and they are the easiest way for the average investor to get in trouble and rack up big losses.  Red sees potential trouble for the high-flying Tea Party darling in the weeks running up to Iowa.  Ted’s “nothing to see here, move along” explanation doesn’t pass the smell test and how did the oh-so-brilliant attorney from Texas not manage to follow disclosure laws which are pretty damn clear on their face.  Isn’t interpreting law supposed to be his strong suit?

All Quiet on the Constitutional Front?

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In the wake of Gov. Greg Abbott’s call to  fundamentally alter the structure of our country’s government, the Texas Tribune speculates about the almost total lack of support yet forthcoming from other Tea Party stalwarts such as Lt. Gov. Dan Patrick.  Even Sen. “Krazy” Konni Burton (TP- Colleyville) – never one to wander too far from the lunatic fringe – is maintaining radio silence on Abbott’s plan.   It seems as though the Tea Party is hesitant to get behind supporting a constitutional convention that might spiral out of control.

Someone was nice enough to leave a copy of “Restoring the Rule of Law With States Leading the Way” by Gov. Greg Abbott on Red’s desk.  Red has yet to work his way through the 92 page tome complete with 353 endnotes.  When he does, you will be hearing more.  But, there are two things that immediately strike Red about Our Poor Idiot Governor’s proposal:

First, why is OPIG so reluctant to do the job he was actually elected to do?  He seems to have little or no interest in attempting to run Texas.  OPIG spends most of his time grandstanding, filing absurd lawsuits, and kowtowing to the TP base that elected him.  Exactly how much of the state’s time and money was wasted on this non-starter of a “plan?”  Will someone send an open records request?

Second, if by some unf0rtunate happenstance, OPIG’s 9 constitutional amendments were to pass, then the seeds of a second American civil war will have been planted.  The  “indivisible” nation that we pledge allegiance to will be no more.  We will once again be a collection of states – and we know how well that worked out last time.  And if – under the new constitution (for that is what OPIG’s proposal would essentially create) –  some of those states still can’t get their way, then what would be the natural option for these newly emboldened states?  Cessation.  The precedent is firmly established in blood, sweat and tears that unilateral cessation is not an option in our republic.  The inevitable result of such an attempt would be rebellion and civil war.  And if you thought the last one was messy . . .  Red for one does not want to see this country torn asunder by fools like Abbott.

 

Forgive Me Father, For I Have Sinned . . .

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I brought a loaded .38 Special to Mass.

The Roman Catholic Diocese of El Paso has announced that it will not allow concealed or open carry in its churches.   According to KFOX-14, the Chancellor of the Catholic Diocese of El Paso, Patricia Fierro, has indicated that the decision will into effect by next week.

KFOX14 wanted to find out how people felt about the diocese’s decision not to allow open carry.
 
Harry Sorensen, of West El Paso, says, “I think it’s a good idea on the church’s behalf. That’s their prerogative that they want to do. If they feel comfortable with people having weapons in the church that (is) their business.”
 
Daniel Fraire, of West El Paso, says, “I don’t think there’s any reason why we need guns in a church.  Although, there have been attacks in a church so I can see why people would want to take their gun in a church in a way.” 
  
Fierro doesn’t think their policy will impact whether people still go to their church.
 
“I’m thinking we might lose members if we allow them to bring guns into the church . . . But I think they’ll feel more secure if we keep the guns away.”

People have their own theories about the impact the decision could have on churchgoers.
 
Sorensen says, “They probably won’t go to church if they aren’t allowed to carry but that just depends on the person I suppose.”
 
“Why not see it both ways?” says Fraire.
 
He says, “Allow two separate Masses. Have one where guns are allowed and one where guns aren’t allowed. At least you can divide the people based on that.”

And the parishioners can fire in the air after the homily.

Abbott Proposes 9 – Count ’em – 9 Constitutional Amendments

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Gov. Greg Abbott (TP-Texas) appears to have bigger things on his mind than simply running the state that he was elected to lead.  Abbott has come out with a call for a constitutional convention and 9 proposed amendments to the Constitution that would fundamentally alter the federal-state system that has worked pretty darn well for almost 225 years.   To put this in perspective there have been exactly 27 total amendments to the Constitution in more than two centuries and 10 of those were essentially done in a deal to get the Constitution ratified in the first place.

Abbott’s plan is mostly a direct attack on the U.S. Supreme Court – a profoundly c0nservative institution for the most part.  Red finds this a bit strange from a former Justice of the Texas Supreme Court who had no problem interpreting (some would argue making) law to benefit and kowtow to the corporate masters and insurance company overlords that rule that Court.  Abbott was more than willing to carry their water at the expense of the rights of ordinary Texans.  Among his more foolish proposals are a balanced budget amendment – something that any economist worth his salt will tell you is a prescription for economic disaster.

Here are the short hand descriptions of what Abbott proposes:

  1. Prohibit Congress from regulating activity that occurs wholly within one State.
  2. Require Congress to balance its budget.
  3. Prohibit administrative agencies—and the unelected bureaucrats that staff them—from creating federal law.
  4. Prohibit administrative agencies—and the unelected bureaucrats that staff them—from preempting state law.
  5. Allow a two-thirds majority of the States to override a U.S. Supreme Court decision.
  6. Require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law.
  7. Restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution.
  8. Give state officials the power to sue in federal court when federal officials overstep their bounds.
  9. Allow a two-thirds majority of the States to override a federal law or regulation.

30,000 Dead Dairy Cows

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Winter storm Goliath wreaked havoc with transportation in the days after Christmas, but its after-effects are now being felt.  Texas and New Mexico dairy farmers estimate that 30,000 head were lost in the blizzard that covered much of Eastern New Mexico and the Texas Panhandle.  Texas Association of Dairymen executive director Darren Turley said an estimated 15,000 mature dairy cows died from the storm.  The impact area contains ten counties that account for almost  40% of the state’s milk production.

Of course that means less dairy production and possibly higher milk prices in the immediate future, but disposal is a real problem right now. Texas dairy producers are working with state environmental officials to find ways to dispose of the mass numbers of dead animals. Some counties are allowing producers to put carcasses in their landfills.

Jonathan Stickland Liked the Weed – A Lot

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Rep. and self-styled “former fetus” Jonathan Stickland (TP-Bedford) is trying to move past his on-line record indicating that he condoned marital rape and really liked smoking the marijuana so much so that he was curious about growing his own cannabis.  Stickland, a Tea Party stalwart, now claims that he regrets the on-line trail of evidence he left and that yes, he smoked a few spleefs in his time, but he has repented and been forgiven. Red is the last person to cast stones – unless the target thereof is parading as some holier than thou state representative who is fair game for public comment. Red also believes in forgiveness – but not disremembering.   The Trail Blazers Blog from the Dallas Morning News has more.

Notably, our former poor idiot governor Rick Perry has endorsed Bedford pastor Scott Fisher, who he once appointed to serve on two state commissions.