The gambling laws in Texas are nothing if not specific, however, unfortunately for Texas residents, they can also be pretty confusing. Although gambling within state borders is technically against Texas gambling laws, there are several loopholes and clauses to the law that can have residents of the Lone Star State gambling in both a safe and legal manner.
In 2016, Texas Attorney General Ken Paxton issued a nonbinding opinion stating that fantasy sports contests meet the state's definition of illegal gambling. The attorney general made no indication that the state would begin pressing charges against fantasy sites, but it was enough to convince FanDuel to exit the Texas market. In addition, the definition of gambling in Texas is much stricter than it is in most states. In chapter 47.02 of state legislature defines the offense of 'gambling' as it specifically relates to any type of betting, whether on a sport event, match, or even political race or entertainment proposition.
- On October 29, 2020, a disciplinary panel of the Texas Medical Board temporarily restricted, with notice, the Texas medical license of Shaun Bobbi Kelehan, M.D. L6234), after determining his continuation in the unrestricted practice of medicine poses a continuing threat to public welfare.
- Casino-style gambling is illegal in Texas. RELATED: Bexar Sheriff releases photos of suspect in illegal gambling room slaying 'These individuals can set up these machines however they want,' he.
- Jan 19, 2021 Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Under Texas law, (Penal Code §47.02) gambling is considered a criminal offense if someone: makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest.
While Federal law that governs the entire United States clearly allows a citizen to place bets and wagers on whatever they please, it is the facilitation of gambling that is strictly regulated. However, federal law also leaves individual states a lot of leeway, and the State of Texas certainly has a lot to say when it comes to the subject of gambling.
The goal of TexasGamblingLaws.com is to inform would-be bettors and gamblers from Texas as to their specific rights within the framework of Texas law. When done responsibly, a gambling hobby can be both exciting and profitable, and with the assistance provided by this website, a resident of the Lone Star State can ensure that their hobby can be enjoyed free from any interference from legal institutions.
The Legality of Gambling in Texas
Strictly speaking, the legislation in Texas does not allow residents to participate in gambling. In addition, the definition of gambling in Texas is much stricter than it is in most states. In chapter 47.02 of state legislature defines the offense of 'gambling' as it specifically relates to any type of betting, whether on a sport event, match, or even political race or entertainment proposition. Furthermore, a resident is guilty of gambling if they money on the outcome of any game played with 'cards, dice, balls, or any other gambling device.'
It is important to note here that unlike in other state's laws where distinctions between games of skill or games of chance are drawn (usually with the express intent of allowing residents to bet on poker games) no such distinction is made in Texas, meaning that even games of 'skill' can fall into this category.
While this would appear to destroy any hopes of legally gambling within state boundaries, there are some important exceptions to note within the context of the law. In section (b) of the same chapter, several defenses are outlined which would effectively exempt any Texas resident from prosecution. Namely, if the resident can prove that the gambling took place somewhere private, no profits other than winnings were collected and that every player had the same odds at winning (with the exception of the influence of skill and luck,) then no charges can be filed.
This essentially legalizes any home gambling events (such as a poker game among friends) no matter how high the stakes. If a resident is caught violating this statute, then they are guilty of a class C misdemeanor, which can carry the penalty of a $100 fine. No penalties are outlined for repeat offenders.
While the punishment is not steep, it's still a good idea to avoid any legal involvement when possible. There are several ways to do this, but perhaps more importantly, there are also a couple things to avoid lest legal penalties become outrageous.
Under no circumstances should a resident of Texas 'Promote Gambling,' which while still a misdemeanor, carries a much bigger fine. If found guilty of promoting gambling, a Texas resident can be fines up to $2000 and even face jail time for violating these Texas gambling laws.
Gambling vs. Promotion Of Gambling
The definition here is quite simple: Texas residents need to avoid being in a position to profit from gambling in any way other than through wagering. This includes (but is not limited to) acting as a 'bookmaker' for sports betting, (I.E. One who takes bets and wagers for a profit) or running a private poker game for profit.
If a player wants to ensure that their private poker game cannot be interpreted as being 'for profit' then they should avoid two key things. They cannot a) charge admission to their game simply for the privilege to play or b) collect a 'rake' from the game, which is a percentage of each pot that generally goes to the house for profits.
As long as a Texas resident avoids situations in which they can make money off of gambling without placing wagers, they will avoid this dubious section of their home state's laws.
State Betting Laws In Texas Rival gaming casino.
As is the case with most states, sports betting is the victim of some of the strictest legislation that Texas has to offer. Betting is one of the first things mentioned in the letter of the law, and sports betting is its primary target. Although the penalties for getting caught betting on sports in a public place are light, residents should take special care to avoid charges for 'bookmaking.' The safest route residents can go in accordance with Texas law is to limit their participation in sports betting to private places, and under no circumstances should they be in a situation to profit from bets without placing any themselves.
In order to fully legalize betting on both horse and dog races, Texas passed the Texas Racing Act which permits the wagering on such events provided that they take place in state licensed facilities during race days. These is the only state-sanctioned gambling facilities in Texas, and close to a prospective bettors only hope for and land-based action when it comes to gambling
In accordance with state law, any land based casinos within Texas borders are expressly forbidden. The state does not issue permits for casinos. The only exception to this law is Native American reservations where Texas law cannot forbid casino gambling. However, for residents hoping to gamble on casino games out in public, this situation is less than ideal considering how few and far between reservation gaming facilities are.
Unlike other states that generally leave room for legal land based poker rooms and tournaments, Texas eliminates the chance for any state authorized poker for any stakes. However, as noted above, the laws as they relate to private gambling games are incredibly relaxed. Just so long as a resident of Texas can avoid putting themselves in a situation where they are profiting from hosting a game of poker, and private game taking place in Texas is completely legal.
Age To Legally Bet In Texas - How Old To Gamble In TX?
Texas gambling laws are complicated enough as it is, the last thing anyone should want to do is throw any more fuel on the fire. One surefire way for a Texas resident to make the issue more complicated than it needs to be is to gamble underage.
While it's true that many legal online gambling sites for Texas residents will allow any users over 18 to sign up, according to the letter of the law, residents must be over the age of 21 to gamble, bet, or take part in pari-mutuel betting. We strongly advise any prospective bettors wait the extra couple of years to ensure that they can gamble in full compliance of the law, it's worth the wait to not have to throw any legal complications into the mix when attempting to gamble legally within the state of Texas.
| General | Lottery | Casinos | Poker | Pari-Mutuel | Bingo |
|---|---|---|---|---|---|
| 18 | 18 | 21 | 21 | 21 | 18 |
Is Online Gambling Legal In Texas?
Since the Texas legislation touching on gambling is incredibly old, it does not touch on the subject of online gambling at all. Luckily for prospective gamblers all over the country, in general, if something is not mentioned in the law it cannot be presumed to be illegal. Therefore, no Texas resident can be prosecuted for merely taking part in online gambling.
However, the laws regulating the facilitation of gambling are incredibly strict, and this would certainly include the internet. As a result, a legal gambling website cannot set up shop within the state of Texas, or even, thanks to Federal laws, within the United States at all. Map of casinos in mississippi. Luckily, there are many legal gambling sites established overseas. While many will not accept U.S. citizens, there are a slew of fantastic legal gambling sites that are open to the United States, and residents of Texas in particular.
Where to Gamble in Texas
On-Land: When it comes to pari-mutuel betting in Texas, there are several state sanctioned options. Many race tracks feature exciting dog and horse races on a daily basis, and Texas residents over the age of 21 are free to bet on as many races for as high or low stakes as they please.Unfortunately, when it comes to other forms of gambling, options are few and far between. While there is one casino available on Native American reservation land that has a selection of casino games as well as a poker room with regular tournaments, when one takes the sheer vastness of the state of Texas into account, the situation leaves quite a bit to be desired. The plain, sad fact of the matter is that for a state as big as Texas, when it comes to land-based gambling outside of the race tracks, Texas residents are shy on luck. It is however worth noting that Texas law is exceptionally generous when it comes to gambling games held in private residences.
Online/Web-Based: Happily, to make up for the discrepancy of availability of land based gambling, there are many legal online gambling networks based overseas that will happily accept Texas residents. Although being based outside of the United States, (a necessary component to functioning legally) may make some Texas residents wary, all the sites listed on this page are legitimate businesses with credentials that could be listed for days.
For starters, many legal gambling sites open to Texas residents come with pages upon pages of positive customer testimonial, and many are even backed by major media outlets such as ESPN or the USA Today. What's more, these are all sites that we here at TexasGamblingLaws.com use ourselves. We are not certified professionals by any means, merely citizens passionate about legal gambling who have had nothing but overwhelmingly positive experiences with all of the sites listed on this page.
Best Legal Gambling Site For Texas Residents
Overnight Lines & Daily Future Odds Available
When considering which gambling network a Texas resident would like to sign up for, they must take several things into account. Do they want access to one of the most complete online sportsbooks in the world, chock full of more betting lines and propositions than the imagination can possibly grasp? How about a poker room with more guaranteed money given away in a month than most give out in a year? What if a Texas resident merely wants to play some fun casino games with cutting edge and reputable software? The answer to all of these questions is under one roof: Bovada.
In addition to providing what may the most impressive product in the entire industry, Bovada also boasts some of the most impressive technology. With their legendary mobile interface, any Bovada member can turn their front pocket into a thriving casino. Long stints in the waiting room in your dentist's office take on much more excitement when you can win money in real time right from your phone using any of Bovada's vaunted services, so join today and see what you've been missing!
All Texas Gambling Sites That Can Be Trusted
What To Do If You Need Further Assistance:
Casino Gambling In Texas
As we've stated above, we here at TexasGamblingLaws.com are not lawyers nor legal professionals in any sense. While we are confident that the information in this article is well-researched and accurate, this cannot serve as an official legal consult. Remember also that the law is a liquid thing that is constantly changing. Check with your state legislature's web page to see Texas legal code for gambling and to get the most up to date info, and be sure and bookmark this page as we will update with any new legislation on the subject of Texas gambling laws.
Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Under Texas law, (Penal Code §47.02) gambling is considered a criminal offense if someone:
Report Illegal Gambling In Texas
- makes a bet on the partial or final result of a game or contest or on the performance of a participant in a game or contest
- makes a bet on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or
- plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
The law does provide for some exceptions such as participating in the state lotteryor placing bets on horse and greyhound dog races (sometimes referred to as pari-mutuel wagering). The law also provides for some affirmative defenses to prosecution:
- the actor engaged in gambling in a private place;
- no person received any economic benefit other than personal winnings; and
- except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants
Additional exceptions include if the person reasonably believed their conduct:
- was permitted under Chapter 2001, Occupations Code; (Charitable Bingo)
- was permitted under Chapter 2002, Occupations Code; (Charitable Raffles)
- was permitted under Chapter 2004, Occupations Code; (Sports Charity Raffles)
Punishment For Illegal Gambling In Texas
The first page of this guide will provide you with an overview of the Texas laws on gambling while the subsequent pages will discuss more specific topics like bingo, eight-liners and poker.
