Texas isn’t exactly known for its ability to get with the times. While marijuana, gambling, and prostitution laws have all seen reform in different parts of the nation, the Lone Star State will likely be one of the last to embrace change. With the rising ubiquity of (and market for) sports betting across the country, it’s natural that many may wonder what the laws are on gambling in Texas.
The gambling laws in Texas are anything but simple, and the Texas gambling lawyers at Thiessen Law Firm are here to tell you everything you need to know about gambling in Texas.
Keep reading to learn more about the Texas gambling laws, or call the criminal attorneys in Houston at Thiessen Law Firm today at (713) 864-9000 for experienced and aggressive defense.
Is betting now legal in Texas?
We’ll get it out of the way now: almost all forms of betting are illegal in Texas, and will probably remain so for a long time.
There have been significant pushes by lobbyists and powerful members of the gambling industry to legalize gambling in Texas and unlock the significant revenue that is currently blocked by legislation — but these pushes have all ultimately failed, and the gambling laws in Texas remain some of the most strict in the nation.
Nevada and Louisiana are still the only two states that have legalized casinos statewide, but 15 states allow online gambling, and 36 states allow sports betting, which goes to show you that the times they are a-changin’, just maybe not quite yet in Texas.
Gambling in Texas laws
Much like buying alcohol in Texas, even when something is technically legal in the Lone Star State, you can bet there will be some stipulations on it.
According to the gambling in Texas Penal Code, which is located in Texas Penal Code § 47, there are a few different types of gambling offenses in Texas.
- Gambling (from 47.02). A person commits a gambling offense if they:
- make 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;
- make 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
- play and bet for money or other things of value at any game played with cards, dice, balls, or any other gambling device.
- Gambling Promotion (from 47.03). A person commits a gambling promotion offense if they operate or participate in the earnings of a gambling place or engage in bookmaking, among other behaviors.
- Keeping a Gambling Place (from 47.04). A person commits this offense if they use or allow the use of real estate or other property (including tents and boats) as a gambling place.
- Communicating Gambling Information (from 47.05). A person commits this offense if they communicate with the intent to further gambling information as to bets, betting odds, or changes in betting odds.
- Possession of Gambling Device, Equipment, or Paraphernalia (from 47.06). A person commits this offense if they own, manufacture, sell, or possess a device created for gambling purposes.
Okay, so that is a lot of stuff that is illegal in Texas. Is there any way to gamble legally in the Lone Star State?
Is there legal gambling in Texas?
Despite the overall ban on gambling in Texas, there are a few exceptions to the rule. A few ways in which you can gamble legally in Texas include:
- Bingo games. Non-profit organizations often conduct bingo games in which a large portion of the proceeds go to fundraising, but winners still collect cash prizes. These games are legal, although still heavily regulated by the state.
- Texas lottery. The state-operated lottery is a legal form of gambling which funds projects at the state level.
- Horse and greyhound racing. You’ve probably heard of or been to the tracks. These are legal forms of gambling, although interest is waning because of sports betting, casinos, and increased scrutiny of the welfare of the animals themselves.
- Social gambling. Private games between friends are legal in Texas, as long as the operator of the game isn’t profiting from running it.
What is the penalty for illegal gambling in Texas?
There is a big difference in punishment between the many gambling offenses in Texas. A standard gambling offense is a misdemeanor in Texas, but cases involving organized gambling or repeat offenses can quickly become felonies or be elevated to federal crimes. Here is a breakdown of what you can expect.
| Offense | Charge | Maximum Fine | Jail Time |
| Gambling (first offense) | Class C misdemeanor | $500 | N/A |
| Gambling promotion | Class A misdemeanor | $4,000 | Up to 1 year |
| Keeping a gambling place | Class A misdemeanor | $4,000 | Up to 1 year |
| Communication gambling information | Class A misdemeanor | $4,000 | Up to 1 year |
| Possession of a gambling device | Class A misdemeanor | $4,000 | Up to 1 year |
| Engaging in organized crime activity | State jail felony | $10,000 | 180 days – 2 years |
The severity of your gambling offense will depend entirely upon which offense you are charged with, whether you have any prior gambling offenses, and, if you are charged with organized gambling, the size of the gambling operation.
What about sports gambling in Texas?
Believe it or not, sports gambling is also illegal in Texas. Despite the constant barrage of advertising for companies like DraftKings and Underdog Fantasy, sports betting in any form is still illegal in the state — and it is likely costing the state a lot of money.
People still make sports bets from Texas, but many of the sites that allow it operate based on legal loopholes that might not hold up for long. Some sites use offshore accounts, others give you a betting allowance and charge subscription fees, but none of them will hold up if you are involved in a gambling sting, or are arrested for gambling in Texas.
What about gambling in Texas online?
Similar to sports gambling in Texas, gambling online is still totally illegal but is practiced through a number of loopholes. Many people gamble online in Texas by using VPNs or gambling on sites whose servers are outside of Texas or offshore, but participating in gambling online in Texas is still risky.
Don’t gamble with your freedom. Call Thiessen Law Firm today.
It may be called the Land of the Free, but the laws on gambling in Texas are anything but. Although there are a few ways in which you can gamble legally in Texas, you’ve still got to be careful to avoid the harsh penalties of a conviction.
When considering your next wager, remember that the house always wins in Texas — which is why you need an experienced and aggressive attorney in your corner to even the odds.
Whether you need an attorney for a gambling charge, an attorney for a first-time assault charge in Texas, or even a murder defense lawyer, Thiessen Law Firm has you covered. Call us today at (713) 864-9000 or contact us online and ask us to defend your freedom.
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