In Texas, gambling is illegal in almost all forms. But you’d never know it driving down Business 77 in Willacy County. It cuts through a rural area of the Rio Grande Valley, but bares a passing resemblance to Las Vegas. It’s a headache for law enforcement, but a remedy could be on the way. (g) A district or county attorney is not required to have a search warrant or subpoena to inspect a gambling device or gambling equipment or paraphernalia on an ocean-going vessel that enters the territorial waters of this state to call at a port in this state. Acts 1973, 63rd Leg., p.
- Casino Gambling: Legal
- Poker: Legal(restrictions apply)
- Horse Racing Betting: Legal
- Dog Racing Betting: Legal
- Lottery: Legal
- Daily Fantasy Sports: Not Specified
- Charitable Gaming: Legal
- Social Gambling: Legal(restrictions apply)
- Online Gambling: Not Specified
Texas gambling law is among the strictest in America. This has to do with tradition, mostly. Texas was settled largely by people with no strong cultural tradition of gambling. In the German-settled areas of Texas (including the present-day capital of Austin), the only form of gambling known was microstakes poker. Unlike parts of New England, there’s no amount of legal gaming in Texas’ history.
When Texas converted from a Union democrat to a conservative Republican state in the 1970s and 1980s, the state’s tendency to shy away from gaming grew into a matter of policy. That being said, some policy changes involving gambling law in the Lone Star State have been successful. Texas is home to one of the most profitable and popular state lotteries. Other big changes in Texas allowed for the opening of not one but two casino-like businesses.
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We dug through Texas’ criminal and penal codes and put together some facts about the state’s complex gambling law. We’ve also included some resources for people who want to do some research on Texas gaming law on their own.
Texas has come a long way in terms of the freedom to gamble. Just a few decades ago, Texas didn’t have a lottery, had no charitable gaming laws, no allowance for social gambling, and no casinos. Besides pari-mutuel wagering (and a massive underground illegal sports betting and poker network), Texans had no way to gamble. Fast-forward to today, and Texas is now home to two Class II casinos, a powerful and well-attended lottery, a carve-out for charitable bingo and raffles, and a loophole that sort of (kind of) makes home poker games legal.
Before we dig too much deeper into Texas’ gaming laws, let’s look at some key stats and information about the state’s gaming industry.
- Age Requirements: 21
- Approximate Annual Gambling Revenue: n/a
- Approximate Annual Gambling Taxes: n/a
- Number of Commercial Casinos: 0
- Number of Racinos: 0
- Number of Tribal Casinos: 2 (class II only)
- Casino Regulatory Body: Texas Lottery
- Lottery National Rankings: 4th
Over the past thirty years or so, chaos has reigned in the Texas legislature. This once proud Union democrat state has been totally overtaken by the Tea Party and the religious right. Gaming laws have changed so much in the past few decades, the state’s gaming laws are all but unrecognizable. They’re also difficult to dig through. Below, you’ll find our analysis of the current state of gambling law in Texas. Remember that we aren’t lawyers and we don’t intend this as legal advice. If you need legitimate legal advice about Texas gambling, consult a Texas lawyer with experience in the gaming business.
Online Gambling Laws in Texas
Online gambling is growing in popularity at a fast pace. Many people have encountered online marketing for online casinos or online poker. While some of these games may seem like nothing more than harmless fun, the truth is that they are illegal under most circumstances. Engaging in online gambling may lead to criminal charges and serious penalties.
Laws regarding online gambling may seem confusing because different states can have very different laws on this type of gambling. Also, some states which allow certain forms of offline gambling may criminalize online gambling. Read on for a clear explanation of these laws in Texas.
Is Online Gambling Illegal in Texas?
The laws regarding gambling in Texas are somewhat complex. This is due, in part, to the fact that gambling can take many forms and occur in many places. It’s helpful to take a broad view of the situation and then take a closer look at some of the specifics of Texas gambling laws.
According to Section 47.02 of the Texas Penal Code, gambling is a criminal offense. This means that, according to the law, it is illegal to make a bet on the outcome of a sporting event, game, contest or election for the purpose of paying out money to the winner of the bet. This is a very broad law that prohibits the operation of casinos, gambling dens or bookmaking operations within the state of Texas.
However, there are some exceptions to the law. For example, it is a defense to prosecution if:
Texas Gaming Commission Laws
- The betting occurred in a private place
- No money was exchanged except for personal winnings
- The odds of winning for all players were evenly matched except for the influence of skill or luck
So, if John and Alice are watching the Super Bowl at John’s house and they each place a bet on the outcome of the game, they are not liable to criminal prosecution. However, if John rents a public building and invites all of his friends to come over and place bets, he may be charged with an offense.
It is also a defense to prosecution to play a game for a reward that is not monetary on a device which is not listed as a gambling device. So, in some ways, games of chance are legal in Texas.
However, this does not always apply to online gambling. Online gambling takes place on the Internet, which is not a private place. It also involves exchanges of money other than paying out winnings and it can involve an element of chance, rather than pure skill. At this time, online gambling is illegal in Texas.
The Problem of Online Gambling
There are several reasons that online gambling is illegal in Texas. Primarily, it is illegal because it violates Texas’ prohibitions on gambling. It is also illegal at the federal level and many other states have banned it.
The major difference between online and offline gambling is that online gambling occurs in a public forum. This is the case with Internet casinos and other games of chance that are hosted online.
Daily fantasy sports leagues have added a new element to this situation. Sites like FanDuel claim that their services are based on skill, not chance. In Texas, a traditional fantasy sports league held in a private home would be likely exempted from prosecution. However, an online fantasy sports league that charges a fee for participation would violate this law because it occurs in a public forum and money is exchanged other than personal winnings.
Legal Penalties
A person who is convicted on a charge of gambling in a Texas court can face significant penalties. A first-time conviction for gambling can result in a penalty of a $500 fine. Business owners who permit gambling on their property may lose their license to operate a business.
Is Bingo Legal In Texas
People who engage in online gambling may find themselves facing federal prosecution as well. Reddit streamer fails. Internet gambling may be a violation of the Wire Wager Act, opening participants up to federal charges.
Texas Gaming Laws Bingo
At the end of the day, placing a public bet on the outcome of an event and paying a fee to participate is classified as illegal gambling in the state of Texas.
Are you currently facing charges for illegal gambling? Matthew Sharp is an aggessive attorney dedicated to protecting the rights of those accused of crimes. Contact his office today at 713-868-6100.