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Texarkana council approves 4-month moratorium on 8‑liner devices, urges legislature to classify them as gambling
Summary
The council unanimously adopted an ordinance imposing a four-month moratorium on accepting applications for machines regulated by chapter 36 of the city code and directed staff to tell state lawmakers that an “8-liner” should be defined as a gambling device.
The Texarkana City Council on Monday adopted an ordinance establishing a four-month moratorium on accepting and approving applications for devices regulated under chapter 36 of the city code and directed the city manager to communicate the council’s policy position to the Texas Legislature that an “8-liner” device should be defined as a gambling device.
Why it matters: Local officials said courts and state lawmakers have not given consistent statewide guidance on the devices, which some jurisdictions and a Texas appellate court have treated as gambling devices. The pause will allow the city to review its code and monitor pending state legislation.
City Attorney Jeff Lewis told the council the legal landscape is unsettled. He summarized a Fort Worth-based second court of appeals decision that found 8-monitor machines to be unconstitutional gambling devices and noted the Texas Supreme Court declined to review that ruling, leaving no binding statewide precedent. “Again, this is not making any final decisions with respect to what is or is not in our code, but it would be taking a policy statement position that these types of devices should be defined as gambling devices and regulated accordingly,” Lewis said.
Lewis and others cited two companion bills pending in the Texas Legislature to add a definition of 8-liners to the penal code; Lewis noted the Senate bill has been referred to the State Affairs Committee chaired by Senator Hughes. The ordinance directs the city manager to send the council’s recommendation and the city’s ordinance to state lawmakers.
Police Sergeant Jeremy Sutton, who briefed council members during a prior workshop, was present to answer enforcement questions. The council voted unanimously to adopt the ordinance.
The ordinance text says the moratorium is consistent with previously enacted moratoria and contains standard repealer and severability language. The council did not change chapter 36 immediately; rather, Lewis said the moratorium gives staff time to review code changes and watch action at the state level.
