Gambling Laws in Texas: When and Where Texans Can Gamble
- Texas Gambling Commission
- Does Texas Allow Online Gambling
- Texas Gambling Bill
- Is It Legal To Online Gamble In Texas
- Gambling In Texas
- Online Gambling Laws Texas
The state of Texas has strict anti-gaming regulations, with just one slot parlor in the state and little else in the way of legal gambling. As a consequence, illegal game rooms are extremely popular. These are essentially rental spaces outfitted with games known as “eight-liners,” which are eight-payline slot games. First, there’s the issue of how Texas law defines gambling. If the definition can be found to include the practice of online gambling, then Web-based bettors in the Lone Star State should be careful. The closest we get is a definition of the word “bet” in Section 47.01. The minimum gambling age is 18. Online Gambling in Texas. The current political climate makes it impossible for Texas to legalize internet gambling in the foreseeable future, and the state’s regulations prevent local iGaming enthusiasts from playing on offshore sites without risking prosecution.
- June 14, 2017
- The Law Office of Greg Tsioros
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U.S. Gambling Overview
Americans have embraced gambling by for centuries. Before our country fought the Revolutionary War, settlers enjoyed European card games and participated in simple lotteries. As the country grew, gambling halls and saloons were gathering places. In the 20th century, local, state, and the federal government got involved. Some states sought to restrict gambling activities while others legalized gambling. Today, many states have brick and mortar casinos, sports betting outlets, lotteries, and race tracks.
Nevada (Las Vegas) was the first to legalize many types of gambling in 1931. New Jersey (Atlantic City) followed decades later in 1977. With the passage of the Indian Gaming Regulatory Act in 1988, reservations throughout the U.S. were permitted to offer gambling and gaming to generate revenues. To complicate things a bit, the Federal Wire Act of 1961 limited sports wagering between the states.
Online gambling has caused the states to review their positions on online casino games, including video poker, baccarat, roulette, keno, blackjack, faro, slots, craps, etc. If you’re accused of a gaming or gambling crime, or another party has offered illegal gambling in Texas, contact an experienced criminal attorney now.
When and Where is Gambling Legal in Texas and Throughout the U.S.
Gambling is legal for those who are 21 years of age or older at Eagle Pass in Texas (Kickapoo Lucky Eagle Casino). People in Texas can also legally participate in the Texas Lottery or make pari-mutuel wagers on greyhound and horse racing. Raffles, charitable bingo, and pull-tab bets are also considered legal in Texas.
In comparison, some states allow 18-year-olds to gamble. Today, Alaska, Arkansas**, California (some locations), Connecticut***, Delaware (horse racing only), Florida**/***, Idaho, Indiana**, Louisiana**, Maine**, Maryland**, Minnesota**, New Mexico, New York (by casino), Ohio**, Oklahoma (by casino), Oregon***, Pennsylvania**, South Dakota ***, Washington** (some casinos), Wisconsin***, and Wyoming allow some gambling to 18-year-olds.
**Pari-mutuel wagers only (short duration events, such as horse racing, jai alai, or greyhound racing, or any event with ranked order participation)
***Bingo only
All other states require gamblers to be at least 21 years of age. It’s impossible to get around the age requirement at brick and mortar casinos. If you attempt to gamble before you’re 21 years old, you may be arrested, incur fines, or have your money confiscated by law enforcement.
The point of confusion for many would-be gamblers concerns online gambling. For instance, there may be a difference in the age required by the site and the age required by Texas to gamble. If the site says you can gamble at age 18 but Texas state law requires you to be at least 21 years old, you must comply with Texas state law. Don’t risk jail time and fines for gambling or gaming arrests.
Texas Gambling Laws
Texas gambling laws are some of the strictest in the nation. For instance, Texas Hold ‘Em card game bets are illegal in Texas. Gamblers must be 21 years old. They may be on greyhound or horse racing, social gambling (like office pools), charitable raffles, and bingo. The law says that gambling on other games of chances is against the law in Texas.
Under Code Section PEN 47.01 et seq. and Civ. St. 179e, gambling, or agreeing to win or lose money or something of value based on chance, or keeping a casino (other than one casino on Indian lands) is prohibited. Promoting any form of gambling (other than pari-mutuel wagers), maintaining a place of gambling, communicating information about gambling, or owning gambling devices are illegal in Texas. For that reason:
• Card games, sports bets, and scratch tickets (other than those legally offered by the Texas Lottery) are illegal.
• Casinos, other than Kickapoo Lucky Eagle Casino, are illegal in Texas. As a casino on native lands, the Lucky Eagle location is permitted.
• Social gambling, like bingo games, private card games, or charity auctions are allowed unless the organizer takes a portion of the proceeds. The law in Texas says that gambling may occur in a private place as long as the chance of losing and winning are evenly distributed.
• Slot machines with cash payouts are illegal in Texas. If the prizes are inexpensive and not cash items, such as a coffee pot, the law says it’s okay to play.
Slot Machines with Cash Payouts Are Illegal in Texas
According to a New York Times article, illegal slot machines are cropping up around Texas, especially in some Rio Grande Valley border towns. The problem has captured the attention of enforcement professionals of the U.S. Department of Homeland Security. It’s estimated that illegal slots machines generate approximately $1.9 billion per year (up to 150,000 illegal units).
Recognize that gambling at slot machines with cash payouts can mean arrest and legal consequences in Texas. If you or someone you know has been arrested for illegal gambling or gaming in Texas, you need an experienced criminal defense attorney at your side. If you or a loved one has been exploited because of gambling addiction in Houston, Harris County, or throughout Texas, you need a professional attorney to assist in the recovery of your money now. Don’t go it alone. Call Greg Tsioros to discuss your matter now at 832-752-5972 now. We’re standing by 24/7 to take your call.
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 from the state since 2002, shutting down one major casino and forcing the remaining two to limit the scope of their operations on several occasions.
Texas Gambling Law Summary
Gambling in Texas is defined as an “agreement to win or lose something of value solely or partially by chance,” and the Texas Attorney General’s Office made it clear in the early nineties that this also applies to internet games. Opinion no. DM-344 issued by then-Attorney General Dan Morales declares that local law enforcement officials are expected to go after individual players.
The same opinion states that people who engage in online gambling can’t argue that their activities fall under the exemption meant to facilitate private home games because gambling sites are available to the broader public. Placing an unlawful bet is considered a class C misdemeanor regardless of the gambling form.
Gambling in Texas is covered by Texas Penal Code PEN 47.01 et seq. and Texas Revised Civil Statutes CIV STAT 179e et seq. The minimum gambling age is 18.
Online Gambling in Texas
The current political climate makes it impossible for Texas to legalize internet gambling in the foreseeable future, and the state’s regulations prevent local iGaming enthusiasts from playing on offshore sites without risking prosecution.
According to Section 47 of the Texas code, participating in any form of illegal gambling is a misdemeanor. Gambling in your home is an exception to this rule, but it’s hard to say whether this exception extends to online play. Aside from the lottery-related regulations, Texas gambling-related statutes simply don’t mention online play, and the authorities have never tried prosecuting someone for playing at an offshore iGaming site.
Texas Casinos
Casino-style gambling is entirely illegal in Texas outside of Indian reservations. Even worse, local authorities are doing everything in their power to shut down tribal gaming too. In 2016, they successfully forced the Speaking Rock Casino in El Paso to go out of business. Despite this toxic legal environment, two Indian casinos continue to offer their services to local gambling enthusiasts. The larger venue – the Kickapoo Lucky Eagle Casino – is located in Eagle Pass and operates over 3,000 slots. The second casino – the Naskila Entertainment Center – is located in Livingston and offers around 300 games. Playing casino games over the internet is prohibited.
Texas Poker
Even though Texas Hold ’em is named after the Lone Star State, playing poker or any other card games for money is just as illegal there as playing slots or other luck-based casino games. The local poker scene centers around the tribal casinos and illegal poker rooms operating out of bars and strip joints. There aren’t any state-sanctioned online poker sites operating in Texas at the moment, and playing on offshore sites constitutes a violation of the local anti-gambling regulations.
Texas Sports Betting
Sports betting is illegal in Texas, and the Supreme Court’s recent ruling that struck down the PASPA federal ban isn’t going to change that anytime soon. Online betting is illegal under the same provisions that prohibit playing poker or casino games over the internet. On a brighter note, on-track betting on horse and dog races are allowed, and all eight racing facilities offer simulcast wagering.
Texas Daily Fantasy Sports
The largest DFS sites – FanDuel, DraftKings, and Yahoo DFS – offer their services to Texas residents, but the future looks bleak for local enthusiasts of such contests. Before 2016, DFS companies maintained that they operate on the Texas market legally because their contests are based on skill as opposed to luck.
In January 2016, Texas Attorney General Ken Paxton reviewed the legality of DFS in response to a request from Rep. Myra Crownover and concluded that engaging in such contests constitutes illegal betting. As a result, FanDuel decided to withdraw from the local market, only to reopen its platform to Texans in 2018. Following its return, FanDuel received a letter from one of the state’s assistant attorney generals, which notified the company that the state does not permit it to offer fantasy sports gambling to its residents. Neither the officials nor the DFS companies are willing to back down. The issue of DFS in Texas will most likely be settled by a court, which is expected to side with the authorities.
Texas Lotteries
The Texas Lottery offers local draw games, multi-state lotto (Mega Millions and Powerball), scratch games, and all-or-nothing. The lottery isn’t allowed to sell any tickets over the internet, and its website serves for information purposes only. Consequently, Texans looking to participate in any of the available games need to visit one of the land-based retail shops.
Texas Bingo
Bingo is considered legal as long as it’s a charity game. Operating a commercial parlor or an online bingo service is illegal, which means that Texans don’t have access to any state-sanctioned bingo sites. Playing on an offshore platform constitutes unlawful betting and is treated in the same way as playing on offshore poker networks or casino sites.
Texas Online Gambling FAQ
Texas Gambling Commission
What types of gambling are available in TX?
Land-based gambling in Texas is reasonably popular, and the state doesn’t have any restrictive gambling-related laws in place. Local gambling enthusiasts can enjoy their hobby in a tribal casino or at the racetrack. Like most US states, Texas operates its own lottery, which is also available over the internet. Social gambling and charitable gambling are allowed, but the state doesn’t have any regulated online gambling sites.
What laws cover online gambling in Texas?
The rules and regulations that have to do with gambling, in general, are listed in Section 47 of the Texas code. Online play is never mentioned in the passages referring to casino-style games and sports betting activities, so it’s tough to determine whether those general regulations apply to offshore sites’ customers or not.
Is real money online gambling legal in Texas?
Determining the current legal status of online gambling via offshore services is very hard. As mentioned above, the authorities have never tried prosecuting internet gamblers, so it’s impossible to say whether they’d be able to get a conviction or not.
Which offshore gambling sites accept Texas residents?
Most offshore sites are glad to accept Texas-based players.
What are the most popular banking options supported by Texas -facing sites?
Credit and debit card deposits are probably the best and most convenient option with most sites, as they tend to be quick and relatively reliable as long as your card has been cleared for international transactions. When it comes to withdrawals, most sites prefer to stick to bank wire transfers. However, in some cases, it might be possible to cash out via a check by courier, especially if you want to withdraw a considerable amount of money.
Does Texas Allow Online Gambling
Does Texas offer any intrastate online gambling?
Texas Gambling Bill
Texas doesn’t have any regulated sites similar to the casinos and poker rooms that have been made available to Nevada and New Jersey residents over the past few years. However, Texas lottery tickets can be purchased online.
Is It Legal To Online Gamble In Texas
Is it likely for Texas to regulate online gambling?
Gambling In Texas
No. Texas regulations have recently been adjusted to allow for online lottery ticket sales, and nothing seems to indicate that the local lawmakers are planning to take it any further.