Is Gambling Legal In Houston Texas

Dec 07, 2020 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.

Home » US Poker Laws – State by State Reviews » Texas Online Poker & Gambling Legislation
  • Gambling is associated with sports wagering, while gaming is associated with card games, dice, slot machines or roulette. In Texas, most forms of gambling or gaming are illegal. In terms of sports betting, if a person charges “juice” on a bet, the bet is considered illegal.
  • Kebort and his business partner Bill Heuer are well aware that in Texas 'keeping a gambling place' is illegal. 'We just believe that what we are doing is the right thing. We're doing everything on.
  • (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.

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Texas Online Poker & Gambling Legislation
Last Updated January 2, 2020

Poker wouldn’t be poker without Texas. After all, without Texas, we’d all just be playing plain old hold’em. Without Texas, we wouldn’t have some of the game’s most enduring legends, such as Doyle Brunson, Amarillo Slim, and WSOP founder Benny Binion.

No-limit Texas Hold’em made Texas an indelible part of poker. Card players in the Lone Star Star love poker, both in land-based casinos and online poker. This page discusses the Internet poker rooms available to Texas poker players in this Guide to Playing Online Poker in Texas.

If you came here looking for how to play online poker in Texas or the tips on the best Texas poker sites, we suggest you read our real-money poker guide.

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Poker Sites Open to Players From Your State

Current Updates for TX – Laws, Legislation & House Bills

Poker players have fought for legalized poker for years, whether in Texas online poker rooms or in brick-and-mortar establishments. In 2012-2013, Senator Rodney Ellis introduced casino bills that included the legalization of poker, but Ellis received no support from his fellow lamwakers.

Since then, Texan entrepreneurs took the initiative. Private poker clubs have popped up around Texas, mostly in large cities like Houston and Dallas. Players don’t pay a rake or tournament fees. Instead, they pay membership or entrance fee, similar to a country club. The clubs make money from membership fees, seat rental fees, and food and beverage sales.

Poker clubs operate in a grey area. Local law enforcement shut down some poker clubs, but some in other towns remain open and assert their rights legally. A court ruling might decide the law, as the legislature won’t legalize Texas poker anytime soon.

AG Ken Paxton Dithers on Live Poker Rooms

The most recent news out of Texas is that Attorney General Ken Paxton will not be issuing any type of decision regarding the live poker rooms. State Representative Geanie Morrison formally asked Paxton if poker rooms that charge membership fees but don’t charge rake permitted are legal. Paxton officially refused to answer. A spokesperson for his office said that it is a legal matter being litigated in the courts, so courts should resolve the issue.

In 2018, Attorney General Ken Paxton said he would not issue any type of decision regarding the live poker rooms. State Representative Geanie Morrison formally asked Paxton if poker rooms that charge membership fees — but don’t charge rake — are permitted under the current law. Many state lawmakers have been asking the same question, but Paxton officially refused to answer. A spokesperson for his office said that the courts should resolve the issue.

Texas Poker Clubs – A Legal Gray Area

Poker clubs around Texas continued to operate as usual until May 1, 2019.

The Harris County District Attorney’s Office and Houston Police Department coordinated to raid the two largest poker clubs in Houston on May 1. Nine owners and managers from the Post Oak Poker Club and Prime Social Poker Club were arrested and charged with money laundering as a part of engaging in organized crime activities. The two clubs’ bank accounts were also frozen and all funds seized. District Attorney Kim Ogg said, “Poker rooms are illegal in the state of Texas.”

Interestingly, however, all charges were dropped in July. All money was returned. The DA’s office commented that the dismissal of charges was the result of “multiple potential conflicts of interest” within her office. It seems that a contract employee of her office also worked for a law firm that tried to extort money from the two poker clubs while conducting an investigation of them. Said law firm – Jones Walker – then became the target of a lawsuit by Prime Social in early September.

Latest Texas Sports Betting Bills

Texas Rep. Eduardo Lucio introduced Texas House Bill 1275 and Texas House Joint Resolution 61 to the House in February 2019. HR 1275 would regulate land-based sports betting and impose a 6.25% tax. HRJ 61 would let Texans vote on a constitutional amendment to legalize sportsbooks through a statewide vote.

Type/CodeSummary
State Code Section(s)PEN.10.47; CIV.6
Definition of GamblingA person commits an offense if he 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.
Definition of Gambling DeviceAny electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof.
Definition of BetAn agreement to win or lose something of value solely or partially by chance.
Online Poker/GamblingThere have been no proposals in the state legislature that would legalize online poker or internet gaming of any kind.
Live PokerThe live poker offered at cardrooms in major cities in Texas advertise as membership club. No rake is taken from the poker games, though there are fees to enter or belong to the clubs. So far, there have been no court decisions that have closed these poker rooms.
CasinosThere are no casinos in Texas, though cardrooms exist as entertainment venues.
Sports BettingHR1275 and HJR 61 would regulate Texas sports betting.
DFSA proposal to legalize daily fantasy sports was proposed in 2017, but died in committee.
Other Forms of GamblingHorse and greyhound racing, on-track pari-mutuel betting, lottery, social gambling, bingo and charitable gambling, contests of skill.

Texas Gambling & Poker Laws Summarized

Legal

Texas Daily Fantasy Sports Laws – Is It Legal?

In January 2016, Texas Attorney General Ken Paxton announced that daily fantasy sports gaming was illegal in Texas. FanDuel announced it would no longer offer games to Texans after May 1, 2016. DraftKings filed suit in a Texas court, asking the court to rule DFS legal. That court case has not been resolved yet.

8-Liners in Texas Towns

One other oddity exists on the Texas landscape. Under Texas State law, the gaming machines called 8-Liners or “maquinitas“ are legal if local municipalities approve them. and the owner does not pay winnings in cash. Winners are paid in store credit, gas, or groceries. Despite that limitation, 8-liners generate $5.4 billion in revenues each year.

Is gambling legal in houston texas today

Social Gambling In Texas

8-Liners create a problem for local law enforcement. Business owners often pay cash for winnings, which is illegal. Just in the past 3 years alone, Texas law enforcement has raided 8-liner operations for illegal cash payments in the following cities: San Antonio, Poth, Athens, Cap City, Eustace, Seven Points, Tool, Gun Barrel City, San Benito, Rio Grande City, La Joya, Cameron County in the Rio Grande Valley, and McAllen.

Texas Poker Sites – Where to Play Online Legally?

Most Texas poker players drive to Oklahoma or Louisiana to gamble. Several of the largest casinos (by gaming space) in the world are located an hour north of Dallas: Winstar Casino in Thackerville and Choctaw Casino in Durant, Oklahoma. The casinos in Bossier City and Shreveport, Louisiana also get most of their business from Dallas-Fort Worth.

Texans who want to know the closest card room should read our list of real money poker rooms.

Is Online Poker Legal in Texas?

As a rule of thumb, a poker site that accepts American players will also accept poker players from Texas. It’s NOT illegal to play online poker in Texas. In fact, unlike Washington, Texas poker players can legally play on offshore poker sites, like Bovada. The only illegal activity is owning or operating a poker room.

The rooms we’ve listed above are Texas-friendly, but they’re far from the only online poker rooms where Texans can play real-money games. Read through our list of online poker — Texas exists in a gray area, but Texans can play at most US-friendly sites.

What Forms of Gambling Are Legal in Texas?

Poker players are naturally curious about whether or not playing poker for real money online is legal under Texas law. Offering legal advice is not a function of this website (nor of anyone beyond legal professionals), but we can help you sort through the fundamentals of poker laws in Texas.

What counts as gambling in Texas?

The definition of “bet” (Section 47.01(1)) is short and sweet – it’s when you enter into an understanding “to win or lose something of value” in an activity that involves chance. Specifically, the winning or losing must occur “solely or partially by chance.” The definition includes the phrase “partially by chance,” so a bet is anything with any element of chance. The definition of “gambling device” (Section 47.01(4) clarifies the law further.

Making illegal bets is a misdemeanor in Texas (Section 47.02). Those who break the law could face a half-dozen separate charges. Gambling promotion (Section 47.03) is a misdemeanor, and covers operating, promoting, processing bets and selling lottery chances. Possession of Gambling Device, Equipment, or Paraphernalia (Section 47.06) is also a misdemeanor.

Will Texas Regulate Internet Poker?

It’s unlikely Texas will regulate online poker. Texas proponents of land-based casino gambling faced a long fight in the past. Texas online poker is even further away from approval.

Texas Gambling Facts

Texas regulates lottery betting and pari-mutuel bets on racing, and charitable gambling (raffles and games of bingo).

Tribal gambling is complicated. Naskila Gaming at Livingston owned by the Alabama-Coushatta Tribe, Kickapoo Lucky Eagle Casino at Eagle Pass, and Speaking Rock Entertainment by the Tigua Tribe of the Ysleta del Sur Pueblo each operate casino gaming. All three tribes are embroiled in multi-year legal battles with the state of Texas.

Purely social gambling in a private place or regulated gambling activity is legal, if the house makes no profit.

All Poker and Gambling Laws by State

Texas in the News
  • News in the online realm of the gambling industry regarding billionaire casino mogul Sheldon Adelson typically revolves around his avid dislike of online gambling. The idea of online casino games has inspired him to spend tens of millions – at a minimum – of dollars to fight it from the

    Read Full
  • July 11th, 2018

    Poker rooms operating in Texas have no plans to shut down. They believe in their right to operate enough to take it to the courts if they must. The loopholes in the law, in addition to the antiquated laws surrounding poker in Texas, may be challenged in just that way,

    Read Full
  • May 8th, 2018

    Poker players in Texas know how to find games. Whether they travel to neighboring states that allow casinos and card rooms or locate underground games closer to home, there are ways to play poker. Some have found a different avenue. With some legal advice and personal determination, a number of

    Read Full
  • October 20th, 2017

    Texas is one of the few states in America that does not permit poker rooms, clubs, or games with any type of money involved. Despite the global popularity of Texas Hold’em, the state itself has yet to consider any true poker legalization measures. Only one casino operates in Texas, and

    Read Full

Texas’ Forms of Regulated Internet Gambling

This is a much shorter list, as the state of Texas does not regulate any form of online gambling activity. As noted in our earlier section discussing the likelihood that Texas will regulate online poker, there’s almost certainly quite a bit of daylight between now and a time when Texas is issuing licenses to online gambling operators.

Additional Research on Texas Gambling

Texas Tribune: Gaming/Gambling. Dedicated section from the Texas Tribune covering all in-state gaming and gambling issues. Includes news and interviews with major industry players.

Senator Rodney Ellis . Internet home of Sen. Rodney Ellis (D-Houston), the driving force behind a proposal that would allow voters to decide whether or not to bring casinos to Texas.

Texas Lottery . Official website for the state lottery of Texas contains winning numbers along with a wealth of historical and statistical data about the lottery.

Texas’ and the History of Poker

It’s hard for a state to be any more integral to the game of poker than Texas. After all, the state name is right smack at the start of what is by far the most popular format of modern poker: Texas Hold’em. The “Godfather” of poker, Doyle Brunson, is still better known to some poker fans as Texas Dolly. The subject of one of the most epic poker matches (and stories) in history – Andy Beal – is (you guessed it) a card-carrying Texan. We could go on.

Houston

Poker is now by and large an underground activity in Texas, so the state doesn’t get the same spotlight as your Las Vegas or your Atlantic City. But we can guarantee that if the same laws existed in Texas as Nevada, you might quickly see the center of the American poker universe gravitate a bit closer to the Lone Star State.

Sources & Citations For This Article on Texas Online Poker

  • Bingo (1982), Horse racing (1987), Lottery (1991), Kickapoo Casino (1996)
  • $1.2 billion
  • $4.6 billion
  • 18 for lottery and bingo, 21 for racing and Kickapoo Casino
  • Texas does not have a statewide smoking ban
  • Horse racing is the only form of legal online gambling

Texas casinos and gambling is not very common within its borders. The same cannot be said about its neighbors. Every state that borders Texas offers casinos. Oklahoma stacks casinos along its border with Texas. Lake Charles, Louisiana is just east of the Texas state line. There are also casinos just across the New Mexico border.

Texas has one tribal casino. It is located near the Mexico border on the Kickapoo reservation. The games available are slots, video poker, bingo, electronic table games, and live poker. The only forms of legalized gambling permitted off that reservation are a state lottery, charitable bingo and horse racing, which includes live and off-track betting.

Paying Gambling Taxes in Texas

OnlineUnitedStatesCasinos has gathered everything you need to know about paying taxes on your gambling winnings. Learn everything about reporting your gambling taxes straight from a Certified Public Accountant in our exclusive Gambling Taxes article.

Texas Casinos Map & Guide

  • Kickapoo Lucky Eagle Casino
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Types of Online Texas Gambling Allowed

The only form of online gambling that is legal in Texas is off-track betting on horses. Apps like TVG, TwinSpires, and BetAmerica accept Texans.

Daily fantasy sports sites accept Texans. This goes against the public declaration by Texas Attorney General Ken Paxtonthat the games are illegal. The sites that defy this opinion and continue to operate in Texas in what appears to be an illegal market include DraftKings and FanDuel.

Types of Live Texas Gambling

  • Slots: Yes
  • Blackjack: Yes
  • Poker: Yes
  • Craps/Roulette: Yes
  • Horses: Yes
  • Lottery: Yes

There are a few forms of live gambling permitted in Texas. The Kickapoo tribe has a southern Texas casino. It is the only Texas casino in the state. Slots, video poker, electronic table games and live poker are spread. There are about 3,300 machines at the Lucky Eagle Casino on that reservation. There are no other Texas casinos currently operating within its borders. If the Texas gambling laws were to change, this might as well.

The Texas Lottery sells two types of lottery tickets. One is an instant game that involves scratch-off tickets. The other is lotto drawings. Texas is included in the multi-state drawings like Powerball and Mega Millions. It also has in-state drawings like Lotto Texas, Texas Two Step, Texas Triple Chance, All or Nothing, Pick3, Daily4, and Cash5.

Charities may spread bingo for fundraising purposes. These are very popular compared to most other states due to the lack of other Texas casinos and gambling options.

The racing industry also fares better in Texas than other locales. The lack of Texas casinos probably helps the tracks remain active. Live and off-track betting is available at horse and greyhound racing venues in Texas.

Texas Gambling Laws

There are strict Texas gambling laws. The only forms of legalized Texas gambling are ones specifically approved by voters in a constitutional referendum. The only forms of gambling voters have affirmed are charitable bingo, horse racing, and a state lottery. A gaming compact was created between the state and the Kickapoo tribe under the Indian Gaming Regulatory Act. Slots, video poker, electronic table games and a poker room are approved. Table games are not allowed. The Kickapoo tribe has the only reservation recognized by the state for gaming purposes. They are the only Texas casino currently operating.

While Texas bans most forms of betting, its punishments are lenient compared to other states. All gambling crimes that are not handled on a federal level are only misdemeanors.

A bet is defined as “an agreement to win or lose something of value solely or partially by chance”. Daily fantasy sports are illegal in Texas, likely because of this definition. The sites claim to be bona fide contests of skill that fall outside of this definition. The state attorney general and most legal analysts that follow the industry find that to be a laughable position.

The minimum Texas gambling age for lottery players is 18 years old. Live racing and off-track betting has a minimum Texas gambling age of 21 years old. The Kickapoo Lucky Eagle Casino also is required to exclude anyone under 21. Bingo players must be 18 but state law permits minors to play if accompanied by an adult.

List of Texas Casinos and Racetracks

There is only one Texas casino and it is the Kickapoo Lucky Eagle Casino in Eagle Pass. There are six active racetracks in Texas that have live and off-track betting. Three offers horses while the other three are greyhound tracks.

CasinoSizeAddressWebsite
Kickapoo Lucky Eagle Casino – Eagle Pass3,300 Slot Machines768 Lucky Eagle Dr.www.luckyeagletexas.com
RacetrackTypeAddressWebsite
Gulf Coast Racing – Corpus ChristieGreyhounds5302 Leopard St.www.gulfcoastracetrack.com
Gulf Greyhound Park – La MarqueGreyhounds1000 FM 2004www.gulfgreyhound.com
Lone Star Park – Grand PrairieThoroughbred1000 Lone Star Pkwywww.lonestarpark.com
Retama Park – SelmaThoroughbred & Quarter Horse1 Retama Pkwywww.retamapark.com
Sam Houston Race Park – HoustonQuarter Horse7575 N. Sam Houston Pkwy W.www.shrp.com
Valley Race Park – HarlingenGreyhounds2601 S. Ed Carey Dr.www.valleyracepark.com

In addition to the Texas casinos and tracks, there are thousands of lottery retailers in the state where bettors can buy instant game and lotto tickets. There are also more than 100 places to play bingo.

Texas Gambling History

Horse racing dates back to before Texas became a state. Old time bookmakers took bets without any oversight. The industry had its issues with legitimacy before the industry died off in the middle of the 20th Century. It returned in a regulated state in 1987 to keep bettors from traveling to neighboring states for action. Live horses and greyhounds may be used.

Racing was not the first time gambling was legalized in Texas. Voters approved charitable gambling in 1980. The first bingo license was issued in 1982.

Voters approved the Texas Lottery in November 1991. The first ticket was sold in May 1992.

Tribal Texas Casinos Enter the Picture

Texas casino gambling has an interesting past in Texas. The Kickapoo tribe is the only one permitted to hold a gaming pact with the state.

The Tigua tribe was the first to open a casino in Texas. That occurred in 1993. It was done without a gaming compact. Governor Richards refused to enter into one.

The Tigua tribe sued the state and lost in 1994. The 5th Circuit Court of Appeals ruled that the state could not be compelled to sign a gaming compact. The Tigua casino remained open without a gaming pact. The state sued in 1999 and prevailed to shut the casino down. The casino did not close until 2001 when the Tigua tribe lost its appeals.

The Tigua tribe tried again in 2008 to roll out cash games. It opened a slot parlor but was forced to shut down after enforcement action was brought by Texas officials.

The Kickapoo Lucky Eagle Casino opened in 1996. It is still open today as it holds a gaming pact.

The Alabama-Coushatta tribe opened a casino in 2001. It closed after the Tigua Indians lost its initial court battle.

State law considers any activity that involves partial chance with money on the line to be gambling. Many gaming lawyers assumed that these meant daily fantasy sports were illegal in the state. The companies that operate those contests did not agree and operated in the state. Texas Attorney General Ken Paxton declared the games illegal in January 2016. The sites ignored his opinion as it did not include a demand to leave the market.

Gambling

Texas Casinos & Gambling FAQ

What is the minimum Texas gambling age?

Lottery and bingo players must be at least 18 years old. Racing and casino players must be at least 21.

A bingo patron under 18 is allowed to play for real money if accompanied by an adult.

Yes. There is three horse racing tracks in Texas.

Yes. There are three greyhound tracks in Texas.

Yes. All six tracks have race books. TVG, TwinSpires, and BetAmerica all have mobile racing apps available to Texans.

There is one. It is Kickapoo’s Lucky Eagle Casino in Eagle Pass.

Slots, video poker, live poker and electronic table games are spread at Lucky Eagle Casino.

Sunland Park Race Track and Casino is just across the border in New Mexico from El Paso.

There are dozens of casinos along the Oklahoma state line.

Is Gambling Legal In Houston Texas

Lake Charles, Louisiana is home to the closest casinos to Houston.

Texas Attorney General Ken Paxton declared daily fantasy sports illegal in January 2016. His opinion was ignored by most of the companies that provide the games.

FanDuel and DraftKings are the major daily fantasy sports sites still in the state.

Is online poker, casino or sports betting legal in Texas over the Internet?