Is Gambling Illegal in Texas? Sports Books, Card Rooms, and Betting Apps Explained

Yes, most forms of gambling are illegal in Texas. Under Texas Penal Code Chapter 47, betting money or anything of value on games, contests, or sporting events is a criminal offense. The only narrow exceptions are the state lottery, pari-mutuel horse and greyhound racing, certain tribal gaming facilities, and regulated charitable bingo games and raffles.

This means traditional casinos, sportsbooks, online poker for real money, and most mobile betting apps are not legal in Texas.

What Types of Gambling Are Illegal in Texas?

Texas takes a broad approach to criminalizing gambling. Under Texas Penal Code § 47.02, a person commits the offense of gambling if they make a bet on the partial or final result of a game or contest, on the performance of a participant in a game or contest, or on a game of chance or skill. This language is intentionally expansive.

This covers far more than just slot machines and blackjack tables. It includes placing bets on football games, playing poker for money with friends under certain conditions, betting on horse races outside approved tracks, using offshore sportsbook websites, and participating in private card games where someone takes a cut. Casino-style gambling is prohibited throughout the state except at limited tribal facilities.

The law also targets the gambling ecosystem, not just individual bettors. Promoting gambling, keeping a gambling place, and possessing gambling equipment are all separate offenses with their own penalty ranges. A person who runs a home poker game and takes a rake from each pot faces more serious charges than someone who simply places a bet.

Talk to a lawyer about your gambling charge. Call (817) 203-2220 for a free consultation.

Is Sports Betting Legal in Texas?

No. There is no legalized sports betting in Texas right now, either retail (physical sportsbooks) or online. Texas does not license or regulate any sportsbook operations within its borders.

Legislative efforts to change this have repeatedly failed. HB 1942 in 2023, along with related constitutional amendments, died in the Texas Senate. The earliest realistic window for legalization would be 2027 or later, and even that timeline is uncertain given the political landscape.

Sports wagering is illegal under Texas Penal Code § 47.02(a)(1), which makes it a crime to bet on the partial or final result of a game or contest or the performance of a participant. Beyond the basic illegality, sportsbooks have an additional problem: they charge a percentage on every wager (commonly the take, the rake, or commission). When the sportsbook takes that percentage, it receives an economic benefit, which automatically negates any potential defense under § 47.02(b)(2).

Mobile Sports Betting Apps in Texas

Texas does not license or regulate any mobile sportsbook apps. This means traditional sports wagers placed through apps like DraftKings Sportsbook, FanDuel Sportsbook, or BetMGM are not legal for Texas residents. While these platforms operate legally in other states, they do not have authorization to accept traditional sports wagers from people in Texas.

Daily Fantasy Sports: A Different Category

Daily Fantasy Sports (DFS) apps and pick’em-style contests are treated as a separate category from traditional sports wagering in Texas. Platforms like DraftKings Fantasy, Underdog, PrizePicks, and similar services currently operate in Texas and accept Texas players. The legal theory supporting these platforms is that fantasy contests involve skill in selecting players and constructing lineups rather than simply betting on game outcomes.

This is an important distinction. DraftKings operates two separate products: DraftKings Sportsbook (traditional sports betting, not available in Texas) and DraftKings Fantasy (daily fantasy sports contests, which currently operate in Texas). The same is true for FanDuel and other major platforms.

However, the statutory landscape for DFS remains somewhat unsettled. Texas has not passed legislation explicitly authorizing daily fantasy sports, and the platforms operate based on the argument that they fall outside the Penal Code’s gambling prohibitions. This distinction has been challenged in other states, and the legal status could change if Texas legislators or courts take a different view. For now, DFS platforms continue to accept Texas players, but participants should understand they’re operating in a gray area rather than under clear statutory authorization.

What About Private Poker Games and Social Gambling?

Texas law provides an affirmative defense for gambling in a truly private, social setting. Under Texas Penal Code § 47.02(b)(1-3), gambling is defensible if the activity takes place in a private place, no person receives any economic benefit other than personal winnings, and except for the advantage of skill or luck, the risks of losing and chances of winning are the same for all participants.

On its face, a private card game in someone’s home does not violate the Texas Penal Code as long as participants follow these exceptions. The moment someone charges a seat fee, takes a percentage of pots, or collects membership dues that exceed the actual cost of hosting, the social gambling defense evaporates.

The Problem With Membership Poker Rooms

Membership-club poker rooms have attempted to fit within the social gambling defense by charging membership or seat fees instead of taking a traditional rake from each pot. The idea is that if the “house” never takes money from the pot itself, the economic benefit requirement isn’t violated.

This theory has not been definitively validated by Texas courts, and these clubs operate in a gray area rather than under clear statewide authorization. Litigation involving Texas Card House and local zoning battles in Dallas and Austin highlight the contested nature of this business model. Some operators have been forced to close, while others continue operating under legal uncertainty.

If you’ve been arrested at one of these establishments, either as a player or operator, the legal analysis is more complex than surface-level arguments suggest. The structure of the fees, the accessibility of the location, and how the games were marketed all factor into whether the social gambling defense applies.

Facing charges related to a poker room? Schedule a free consultation.

Online Gambling and Offshore Sites: The Legal Reality

Texas law does not create a regulated framework for online casinos, online poker, or online sportsbooks. Commentary from state law guides treats real-money online gambling as unlawful under existing Chapter 47 provisions, regardless of where the website’s servers are located.

Many websites promote offshore sportsbooks or poker rooms as options for Texans. These sites are not licensed by Texas or U.S. regulators, which creates significant risks: difficulty collecting winnings, banking complications, and no consumer protection if disputes arise. More importantly, using these sites does not change the underlying illegality under Texas law.

The “Private Place” Argument for Online Gambling

Some defendants have argued that placing bets online from their homes should qualify for the private place defense since a private residence is clearly a private location. Texas Attorney General Opinion No. DM-344 directly addressed this argument and rejected it.

The opinion stated: “Just as a private residence would not be a ‘private place’ for purposes of the defense if the public has access to gambling there, neither would it be consistent with the defense here if, for example, anyone who knew the proper ‘telephone number’ and had a computer with a modem could join the games.”

In other words, the accessibility of online gambling platforms to anyone with an internet connection defeats the private place defense, even when the bettor is physically sitting in their own living room. This interpretation has significant implications for anyone charged with online gambling offenses in Texas.

Texas Gambling Offenses and Penalties

Texas gambling laws create a tiered penalty structure based on the person’s role in the gambling activity. Simple gambling, meaning placing a bet, is a Class C misdemeanor. But promoting gambling or operating a gambling business triggers more serious charges.

A Class C misdemeanor for simple gambling (§ 47.02) carries a maximum fine of $500 and no jail time. This is the same classification as a traffic ticket. A conviction creates a criminal record that can appear on background checks.

A Class A misdemeanor applies to gambling promotion (§ 47.03), keeping a gambling place (§ 47.04), and possession of gambling devices or equipment (§ 47.06). These offenses carry up to one year in county jail and fines up to $4,000. Repeat convictions for keeping a gambling place can be enhanced to a third-degree felony.

Additional consequences may include civil asset forfeiture (the state can seize money and equipment used in gambling), immigration consequences for non-citizens, professional licensing issues, and difficulty passing background checks for employment or housing.

Bond Amounts for Gambling Charges in Tarrant County

If you’re arrested for a gambling offense in Tarrant County, understanding typical bond amounts helps you prepare for the immediate aftermath of an arrest. Based on our analysis of over 52,000 bonds set in Tarrant County, gambling-related charges typically result in lower bond amounts because they’re treated as non-violent offenses.

For keeping a gambling place under Texas Penal Code § 47.04, the most common bond set was $500, with an average around $875. Gambling promotion charges under § 47.03 showed a similar pattern, with typical bonds at $500. Possession of gambling devices or paraphernalia under § 47.06 averaged around $905, with $500 being the most frequently set amount.

Several factors can push your bond higher. Prior criminal history, outstanding warrants, connections to organized crime, or involvement in large-scale gambling operations may result in bonds significantly above these typical amounts. On the other hand, a clean record and strong community ties often support release on lower bond or personal recognizance.

Arrested for a gambling offense? Get help posting bond and building your defense.

Common Defenses to Texas Gambling Charges

Just because you’ve been charged doesn’t mean you’ll be convicted. An experienced criminal defense attorney will evaluate multiple potential defenses based on the specific facts of your case.

The social gambling defense under § 47.02(b) applies when the gambling occurred in a private place with no one receiving economic benefit beyond personal winnings and all participants having equal chances. This defense requires careful documentation of the circumstances and may involve testimony from participants about the structure of the game.

Lack of knowledge can be a defense if you didn’t know gambling was occurring. This is particularly relevant for property owners charged with keeping a gambling place when tenants were running games without the owner’s awareness.

Insufficient evidence challenges whether the prosecution can prove each element of the offense beyond a reasonable doubt. Was money actually wagered? Were the devices actually used for gambling? Did the defendant actually promote or operate the gambling operation?

Constitutional challenges may apply if law enforcement obtained evidence through an illegal search, coerced a confession, or otherwise violated your rights. Evidence obtained unconstitutionally can be suppressed, potentially resulting in dismissal.

Entrapment may apply if law enforcement induced you to commit a gambling offense you wouldn’t have otherwise committed. This defense requires showing that the government’s conduct actually implanted the criminal design in your mind.

What Happens After a Gambling Arrest in Texas?

Understanding the criminal justice process helps reduce anxiety and allows you to make better decisions. If you’re arrested for a gambling offense in Fort Worth or the surrounding area, here’s what to expect.

At arrest, you’ll be taken into custody, booked, and processed at the jail. For Tarrant County arrests, this typically occurs at the Lon Evans Corrections Center or the Tim Curry Criminal Justice Center in downtown Fort Worth. You’ll be fingerprinted, photographed, and given the opportunity to post bond. For most gambling offenses, release on bond happens within hours.

Your first court appearance is the arraignment, where you’ll hear the formal charges and enter a plea. For Class C gambling charges, these are typically handled in Justice of the Peace or municipal courts. Class A misdemeanors and felonies are heard in county criminal courts.

During the pretrial phase, your defense attorney will review the evidence, identify legal issues, file motions to suppress illegally obtained evidence, and negotiate with prosecutors. Many gambling cases resolve through plea negotiations, particularly when mitigating factors support a favorable outcome.

If your case goes to trial, the prosecution must prove every element of the offense beyond a reasonable doubt. A jury of six (for misdemeanors) or twelve (for felonies) will decide your fate. At Varghese Summersett, our attorneys have extensive trial experience and prepare every case as if it’s going to a jury.

Protect your rights and your record. Call (817) 203-2220 today.

Can a Gambling Conviction Be Expunged or Sealed?

Texas law provides pathways to clear certain gambling convictions from your record, but the options depend on the outcome of your case.

If your case is dismissed or you’re acquitted, you may be eligible for expunction, which completely destroys the arrest record. Expunction is available after waiting periods that vary based on the offense level and how the case resolved.

If you receive deferred adjudication (a type of probation where no conviction is entered if you complete the terms), you may be eligible for an order of nondisclosure. This seals the record from most private background checks while allowing criminal justice agencies to still access it.

If you’re convicted outright, expunction is generally not available. However, a pardon from the Governor can create expunction eligibility in rare cases.

The best way to protect your record is to fight the charge aggressively from the beginning. A dismissal or acquittal provides the clearest path to clearing your record completely.

What to Expect From Varghese Summersett

When you hire Varghese Summersett for a gambling charge, you get a team that treats your case seriously regardless of the offense level. Our criminal defense attorneys handle cases across Texas from our offices in Fort Worth, Dallas, Houston, and Southlake.

Your case begins with a thorough investigation of the facts, the evidence, and the legal issues. We identify weaknesses in the prosecution’s case, develop a defense strategy tailored to your situation, and keep you informed at every stage. Whether your goal is dismissal, charge reduction, or vindication at trial, we fight for the outcome that protects your future.

We understand that a gambling arrest can threaten your job, your professional licenses, and your reputation. That’s why we work efficiently to resolve cases favorably while maintaining the discretion you need.

Frequently Asked Questions About Texas Gambling Laws

Can I legally bet on horse races in Texas?

Pari-mutuel betting on horse and greyhound races is legal at licensed Texas tracks. This is one of the few statutory exceptions to Texas gambling laws. However, betting on races through offshore sites or unlicensed bookmakers remains illegal.

Are home poker games illegal in Texas?

It depends on how the game is structured. A truly private game among friends in a private home, where no one takes a rake or house cut and all players have equal chances, may fall under the social gambling defense in § 47.02(b). The moment someone profits from running the game beyond their own winnings, it becomes illegal gambling promotion.

What about the poker rooms that charge membership fees instead of rake?

Membership-club poker rooms try to fit within the social gambling defense by structuring their business around fees rather than pot rake. However, their legality remains contested. Litigation involving Texas Card House and zoning fights in Dallas and Austin show that these clubs operate in a gray area rather than under clear legal authorization. Arrests at these establishments can result in serious charges.

What are the penalties for running an illegal card room in Texas?

Keeping a gambling place is a Class A misdemeanor punishable by up to one year in jail and up to $4,000 in fines. If you have prior convictions for the same offense, the charge can be enhanced to a third-degree felony with two to ten years in prison.

Can I be charged for playing online poker from my home in Texas?

Yes. Texas law criminalizes making a bet, not just operating a gambling business. Playing real-money online poker through any platform, whether domestic or offshore, violates Texas Penal Code § 47.02. Attorney General Opinion DM-344 specifically rejected the argument that gambling from home creates a “private place” defense when the gambling platform is accessible to anyone with an internet connection.

Will a gambling conviction show up on background checks?

Yes. Even a Class C misdemeanor gambling conviction creates a criminal record that appears on standard background checks. This can affect employment, housing applications, professional licensing, and immigration status. That’s why fighting for a dismissal or deferred adjudication is so important.