Texas Gambling Laws

Texas Gambling Laws. Texas has little in the way of legal gambling. Charitable gaming was the first form to be legalized, back in 1982. Live horseracing was authorized in 1987. This later included off-track. Texas law permits bona fide charities to conduct bingo and raffles under provisions of its Occupations Code. Click on the links below to access the full text of these statutes. Games of chance that are not specifically allowed under these statutes, such as poker and casino-style games, are prohibited. Texas does not have a law Texas Charitable Gaming Laws. Texas Gambling and Lotteries Laws States earn a great deal of their revenue from lotteries, casinos, and other games where individuals place wagers or bets. Texas is no exception and operates a state lottery with the intention of funding public schools.

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

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 offer any intrastate online gambling?

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 likely for Texas to regulate online gambling?

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.

• Year Texas Regulated Gambling: Bingo (1982), Horse racing (1987), Lottery (1991), Kickapoo Casino (1996)
• Estimated Tax Revenue from Gambling: $1.2 billion
• Estimated Gambling Revenue: $4.6 billion
• Texas Gambling Age: 18 for lottery and bingo, 21 for racing and Kickapoo Casino
• Smoking ban: Texas does not have a statewide smoking ban
• Online gambling status: 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

Texas Gambling Laws Is Social Gambling

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

• Number of B&M Casinos: 1
• Number of Poker Rooms: 1
• Number of Indian Casinos: 1

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.

New Texas Gambling Laws

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 20^th 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.

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 5^th 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 In Texas

Texas Casinos & Gambling FAQ

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.

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

Texas Bingo Law

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.

Texas Gambling Laws

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

Texas Social Gambling Laws