Texas Gambling Laws

• Texas Gambling Laws Penal Code
• Texas Gambling Laws Raffles
• Texas Gambling Laws Bingo
• Texas Gambling Laws Is Social Gambling

Online gambling is prohibited in Texas under state law. Under TX Penal Code § 47.01-47.11, it is a Class C misdemeanor for anyone who: (1) makes a bet on the partial or final result of a game or contest. Legal gambling in Texas is limited to betting on horse and dog races, state-sanctioned lottery games, and charitable gaming. The local Native American tribes operate two medium-sized casinos, but the government has been trying to eliminate this form of gambling.

Texas has the strictest gambling laws in the country, but could the state benefit from changing its outlook? Texas Hold ‘Em is perhaps the most popular card game in the world, but if you were to play it in the state that it took its name from, you could find yourself facing a $500 misdemeanor fine.

Texas has some of the strictest gambling laws in the whole of the United States, if not the entire western world. Penal Code 47.01 prohibits almost every form of gambling in the state, apart from a few bizarre exceptions like dog and horse racing.

Roulette, slot casino wagering and sports betting are all strictly off-limits in Texas (well, almost strictly off-limits, but we’ll get to that later). In this article, we take an in-depth look at what is and isn’t legal in the state, as well as hypothesizing whether Texas would benefit from adopting the same approach to gambling as the United Kingdom.

What is illegal in Texas?

Under the Penal Code, any form of gambling, defined as a bet placed on the premise of winning or losing something based purely on chance, is illegal. The following activities are classed definitively as gambling and are therefore illegal in Texas:

1. Casino gambling

All forms of casino gambling are illegal in Texas.

Every game on offer in a casino, from slot machines to poker, blackjack, and roulette, is categorized as gambling and is considered illegal. The law is not just limited to landbased casinos but it also applies to online companies looking to provide casino games to customers, too. Texan people currently cannot enjoy the amazing variety of games people can access in the UK at registered, popular sites like 888 Casino, where you’ll find exhilarating graphics and exciting games, including online roulette, blackjack, and poker.

However, there is one notable exception to this law which prohibits ‘keeping a gambling place’. In Native American lands, this law is not applicable meaning there are one or two places within the state where you can enjoy casino gambling facilities.

2. Sports betting

A night spent wagering on greyhound racing is legal in Texas, whilst more mainstream sports betting is not.

Wagering on the outcome of any mainstream sport in Texas is illegal and subject to the $500 misdemeanor fine. That applies to betting shops which are strictly prohibited and also the use of sports betting websites that may be registered in a different state or country.

Horse racing and dog racing are however exempt from these laws, but only at licensed premises where you are permitted to bet just off the track. Simulcast races and ontrack pari-mutuel wagering are legal for horse racing.

Whilst there is a limit of three racetrack licenses for greyhound wagering with simulcast races and on-track pari-mutuel wagering also being legal.

3. Social Gambling

You may well think that social gambling would cover any form of gambling played between friends, such as a poker night or a special casino-style evening. However, in Texas social gambling refers solely to bingo and raffles sponsored by charitable organizations or licensed lotteries.

These activities are legal and enjoyed by many Texas residents. Social gambling in the non-legal sense is not. Even if you’re just playing a friendly game of cards at home with your friends you are all technically breaking the law.

Are there plans to loosen gambling laws in Texas?

Some states in the USA have legalized gambling, with it becoming increasingly popular.

The entire country is currently facing a crossroads when it comes to gambling, particularly the online derivative. In many states across the USA, there is a clear disparity between land-based gambling and online gambling with the latter almost always being illegal or at least partially prohibited.

Texas Gambling Laws Penal Code

At the time of writing a small handful of states have taken the bold step to legalize most forms of online gambling and are currently reaping the economic benefits. This has led to a lot more states putting forward tentative legislation to do the same, and it is expected that most states will have moved towards legalization by at least 2021.

Texas, however, is one of the most traditionally conservative states in the USA and will most likely be one of the last, if not the last states to loosen their gambling laws. There is a bill currently on the docket that pro-gambling advocates are pushing for, but that concerns mainly sports betting.

It is therefore likely that sports betting will be the first gambling act to be legalized throughout Texas. Gambling fans will, however, have to wait at least a few more years to see any further movement on casino, cards, and online gambling laws.

Is it worth loosening the gambling laws?

The arguments for and against gambling laws often become heated and extreme. One of the best and calmest way to analyze the effects of looser gambling laws is by being objective and looking to the example of the United Kingdom, a country that has previously struggled with gambling legislation but is now providing a successful blueprint.

British Gambling: An overview

Online gambling in the UK is booming, with the economy seeing significant boosts from since it was introduced.

In the United Kingdom (excluding Northern Ireland) almost every form of gambling is legal, ranging from casino betting and lotteries to online sports wagering. That policy of legalization has been hugely beneficial for the country.

The British economy has grown and benefitted from the widespread legalization of gambling. The industry in its entirety represents annual revenues of £15 billion ($19.76 billion) and provides hundreds of thousands of jobs.

One of the biggest arguments against gambling legalization is always the social problems that may be incurred by gambling. However, in the UK experts claim that extra exposure to gambling has resulted in a more mature attitude to gambling, with a population who’s less likely to encounter problems with gambling.

The National Lottery in the UK has been running for the better part of three decades is one of the biggest contributors to charity in the country. It has helped to fund various schemes and enterprises as well as provide funding to the Olympic teams. In addition to this, every gambling operator in the country is required to donate a percentage of their turnover to gambling charities which provide help to those struggling with gambling problems.

Summary

On the balance of all available evidence, it is safe to say that the legalization of gambling in the UK has had a positive impact on a range of measurable areas. With public opinion beginning to lean towards a similar approach in the USA and Texas, perhaps lawmakers should look to follow their lead?

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.

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.

Texas Gambling Laws Raffles

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.

Texas Gambling Laws Bingo

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

Texas Gambling Laws Is Social Gambling

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. 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:

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.