Gambling
Gambling is not totally illegal in Texas - obviously, we have the lottery, race tracks, casinos out on the water, fantasy football leagues, fantasy baseball leagues, home poker games, etc.
You can run into legal trouble if law enforcement perceives that you are violating gambling laws in Texas. If you are charged with a gambling violation in the Dallas area, contact a Dallas gambling attorney. The following statutes are the more common gambling laws in Texas:
Gambling
Chapter 47 of the Texas Penal Code covers gambling violations in the State of Texas.
47.01 Has the definitions in the code. Defined are “bet”, “bookmaking”, “gambling place”, “gambling device”, “altered gambling equipment”, “gambling paraphernalia”, “lottery”, “private place”, and “thing of value”.
47.02 Gambling Violations and Defenses:
Violations: are making a bet for anything of value on a game, contest, political nomination or appointment or election, cards, dice, balls, or any other gambling device.
Defenses: was in a private place, only benefit was personal winnings – ie, no house taking a cut, and chances were equal for all involved (other than skill or luck).
Other Defenses: Person reasonably believed it was permitted under Chapter 2001 of the Occupations code (Bingo); Person reasonably believed it was permitted under Chapter 2002 of the Occupations Code (Charitable Raffles); was authorized by the State Lottery; was permitted under the Texas Racing Act; or was a drawing to participate in hunting, fishing or other recreation event conducted by the Parks & Wildlife Department; Device used for gambling was excluded from the definition of “gambling device”.
Class C Misdemeanor: Violations are punishable up to $500 per violation.
47.03 Gambling Promotion:
Violation: Operation or participation in earnings of gambling place; engaging in bookmaking, for gain becomes custodian of anything of value offered for bet; sells chances on results of games, contests, elections, etc;
Class A Misdemeanor: Punishable up to $4000 fine, and up to 2 years in jail.
47.04 Keeping a Gambling Place
Violation: Knowingly using or letting someone else use a house or other property to be used for gambling.
Defense: It was in a private place, no benefit to anyone other than personal winnings (ie, no house cut, etc), only skill or luck determined outcome – (ie, not rigged or balanced more on one person or the other).
Class A Misdemeanor: Punishable up to $4000 fine, and up to 2 years in jail.