LAWFUL GAMBLER

Applicable Texas Online Gambling Laws

Sec. 47.01.  DEFINITIONS.

(8)  "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.

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(4)  "Gambling device" means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) 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:

(A)  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, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits;  and

(B)  does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.

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Sec. 47.02.  GAMBLING.  (a)  A person commits an offense if he:

(1)  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;

(2)  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

(3)  plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.

(b)  It is a defense to prosecution under this section that:

(1)  the actor engaged in gambling in a private place;

(2)  no person received any economic benefit other than personal winnings;  and

(3)  except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all 

What Do Texas Online Gambling Laws Mean for Residents?

If residing in Texas, it's always important to be aware of the laws. In this case, there are specific caveats that protect online gamblers.

Since online gambling is never outlawed or even mentioned in the Penal Code, hypothetically one could operate safely; regardless of location. Even if you posses a slight concern since many forms of in-person gambling are illegal in Texas, remember that gambling in 'Private Places' is LEGAL in the state. That's how many Texas card houses legally operate their 'private' facilities. Thus, wagers placed from your phone whilst in your home, in your hotel room, at a non-public club, etc. are perfectly legal.

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Furthermore, there are no records of anyone being charged with any crimes as a player participating in online gambling in Texas.

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So if you are a Texan, stay home and rest easy with your ability to gamble freely from the comfort of your couch!

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