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September 18, 2014      6:13 PM

Judge dismisses Rep. Krause's lawsuit against Texas Racing Commission

But the battle over “historical racing” continues as another lawsuit pulls into the lead

A judge in Tarrant County on Thursday threw out a lawsuit against the Texas Racing Commission filed by a conservative lawmaker who is trying to block the agency from moving ahead with approval of "historical racing."  

Rep. Matt Krause, R-Ft. Worth, said he was disappointed with the finding that he does not have standing in the case but he was encouraged that the judge pretty clearly agreed the commission does not have the authority to approve the slot machine-like terminals at race tracks around the state. Only one commissioner voted against the proposal supported by the horse racing industry.

"Notwithstanding the fact I agree with the applicant regarding the authority of the commissioners, I disagree with him regarding his standing to bring the action," Judge David Evans wrote. "I do not believe that Texas law currently grants him or other legislators standing," he said.