Councilman Jalen McKee-Rodriguez said San Antonio leaders should not become “the morality police” when it comes to prohibiting eight-liners outright.

SAN ANTONIO — A panel of San Antonio City Council members wants to wait for potential state legislation before moving forward with a proposal to ban eight-liner machines within city limits. 

The Governance Committee voted Wednesday to delay consideration of the Council Consideration Request (CCR) filed last month by District 5 Councilwoman Teri Castillo. The committee, chaired by Mayor Gina Ortiz Jones, cited concerns about potential lawsuits, but also said it wanted more information on how enforcement would be bolstered.

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Gambling is illegal under state law, but there’s a grey area when it comes to that enforcement and the extent to which eight-liners – which operate similarly to traditional slot machines you might find in casinos – may be more comparable to carnival games when it comes to their payout. 

Legal experts say that’s because a provision under state law makes way for exceptions to gambling crimes when it comes to machines that operate more as a manner of amusement. But crucially, they’re limited by what they can award: non-cash prizes of under $5 or no more than 10 times what it cost to play. 

“When you start paying out in cash, that’s when it’s considered illegal because it’s considered a game of chance,” SAPD Assistant Director Richard Riley told the Governance Committee. 

Castillo pointed to this exception in her CCR, saying it’s still up to the machine operator to determine how an eight-liner will be used. In instances where law enforcement has busted illegal gambling operations and seized eight-liner machines, it’s often the manner of the payout that authorities reference — bringing the operation across the line into one of potential criminality. 

The San Antonio Police Department’s Human Exploitation Unit investigates illegal gambling in the Alamo City and has seized more than 300 illegal eight-liners so far in 2026, according to the department. The Bexar County Sheriff’s Office says it has seized another 423 eight-liner “motherboards” while issuing 45 citations since the start of 2025. 

‘Too much opportunity for litigation’

District 3 Councilwoman Phyllis Viagran urged the Governance Committee to wait until lawmakers have an opportunity to potentially address the issue at the state level, saying she wants to avoid legal complications. 

Lawmakers can start filing bills for the 2027 Texas Legislature on Nov. 9.  

Viagran said moving forward with a local ban could create legal complications, particularly if state lawmakers consider legislation addressing the machines.

“As it stands, I feel like there’s just too much opportunity for litigation, and I don’t think that’s what we need right now,” she said.

Although it remains to be seen if lawmakers will address eight-liners specifically in the 2027 session, recent history suggests they will at least try. 

In 2021, state Rep. Richard Pena Raymond (D-Laredo) had sought to empower residents to petition for the ability to vote on outlawing eight-liner machines in a given county. In 2023, Raymond tried again. 

Neither effort reached a House committee. 

In 2025, during the last Texas Legislature, state Sen. Mayes Middleton (R-Galveston) sought to close the oversight gap by explicitly labeling eight-liners a “gambling device.” Senate Bill 517 was approved by the Texas Senate, but didn’t go any further. 

But some local governments in the Lone Star State have taken the step of banning eight-liners in recent years. 

Enforcement concerns

Potential legal challenges were not the committee’s only concern.

District 2 Councilman Jalen McKee-Rodriguez said he was approached by Castillo about supporting her CCR. He didn’t, saying City Council “should not become the morality police.” 

“We risk creating new enforcement obligations and potentially subjecting more businesses and individuals to punitive action without actually improving public safety or community well-being,” he said.

McKee-Rodriguez said the city should instead take more steps to educate operators and business owners about the law and step up accountability when there are violations. 

Jones agreed with McKee-Rodriguez, saying that “it’s very difficult to ordinance out morality” and wondered whether the focus should be on addressing economic challenges that may lead residents to use eight-liners in the first place. 

Councilman Edward Mungia was warmer on the proposal, but said he wanted the Public Safety Committee to take a look at the CCR first. 

The committee voted 4-1 to delay the CCR and reconsider it in the next two months, with Mungia the lone dissenter. 

Castillo told KENS 5 in a statement, however, that time is of the essence. 

“Eight-liner machines are grossly unregulated, which gives them free rein to prey on our community,” she said. “Cities and counties across Texas have successfully passed laws banning eight-liners. It is time San Antonio does the same.”