Is it legal to gamble in Texas?

What the law says

Betting is an offense in Texas. Under section 47.02(a) of the Texas Penal Code, a person commits an offense by betting on the result of a game or contest or a player’s performance, by betting on an election or nomination, or by playing for money or anything of value at a game with cards, dice, balls or any other gambling device.

The fine. Under section 47.02(d) of the Texas Penal Code, the offense is a Class C misdemeanor. Under section 12.23 of the Texas Penal Code, a Class C misdemeanor is punished by a fine of up to $500.

What a bet is. Under section 47.01 of the Texas Penal Code, a bet is an agreement to win or lose something of value solely or partly by chance. Insurance contracts are not bets, and neither are prizes for actual contestants in a real contest of skill, speed, strength or endurance.

The private-game defense. Under section 47.02(b) of the Texas Penal Code, it is a defense if all three things are true: the gambling happened in a private place; the odds were the same for everyone, apart from skill or luck; and:

“no person received any economic benefit other than personal winnings;”

What counts as private. Section 47.01 of the Texas Penal Code says:

““Private place” means a place to which the public does not have access, and excludes, among other places, streets, highways, restaurants, taverns, nightclubs, schools, hospitals, and the common areas of apartment houses, hotels, motels, office buildings, transportation facilities, and shops.”

So a game at home among friends can fit the defense, but a game in a bar or an apartment building’s common room cannot, under section 47.01 of the Texas Penal Code.

What changes the answer

The state lottery and licensed games. Under section 47.02(c) of the Texas Penal Code, it is a defense that a person reasonably believed the conduct was the state lottery, or was permitted under chapters 2001, 2002 or 2004 of the Occupations Code or the Texas Racing Act, or was a Parks and Wildlife Department drawing for a hunting or fishing event.

A house cut. If anyone takes money beyond personal winnings, such as the host charging a fee, the private-game defense in section 47.02(b) of the Texas Penal Code no longer applies.

Running a game. Under section 47.03 of the Texas Penal Code, gambling promotion is a more serious offense. It includes running or sharing in the earnings of a gambling place, bookmaking, holding bets for gain, and setting up a lottery for gain. Section 47.01 defines bookmaking to include taking more than 5 bets, or more than $1,000 in bets, in 24 hours.

Keeping a gambling place. Under section 47.04 of the Texas Penal Code, knowingly letting property be used for gambling is also an offense. It has the same three-part private-game defense.

The penalty for running a game. Under sections 47.03 and 47.04 of the Texas Penal Code, these offenses are Class A misdemeanors. Under section 12.21 of the Texas Penal Code, that means a fine of up to $4,000, up to 1 year in jail, or both.

Arcade prizes. Under section 47.01 of the Texas Penal Code, a thing of value means any benefit, but not an unrecorded, immediate right to replay that cannot be exchanged for value. And under section 47.02(e), it is a defense to play for something other than money on a machine the chapter excludes from its definition of a gambling device.

Gambling devices. Under section 47.06 of the Texas Penal Code, owning or possessing a gambling device to further gambling is a Class A misdemeanor, with the same private-place defense.