Gambling Laws in Texas: When and Where Texans Can Gamble

  • June 14, 2017
  • The Law Office of Greg Tsioros
  • Comments Off on Gambling Laws in Texas: When and Where Texans Can Gamble

Gambling boats have operated at times out of Texas ports, taking passengers on one-day 'cruises to nowhere' in international waters, where there are no gambling laws. The casino cruise industry developed in other states in the early 1980s, but was a latecomer to Texas because of a state law prohibiting the docking of ships with gambling. GAMBLING FOR GOOD: A Texas legislator wants to legalize casino gambling in Harris and Galveston counties to help storm victims. The Democrat says Texas is losing billions of dollars annually to neighboring states where full-scale gambling with slot machines and table games is permitted. Louisiana is home to tribal.

Gambling

U.S. Gambling Overview

Americans have embraced gambling by for centuries. Before our country fought the Revolutionary War, settlers enjoyed European card games and participated in simple lotteries. As the country grew, gambling halls and saloons were gathering places. In the 20th century, local, state, and the federal government got involved. Some states sought to restrict gambling activities while others legalized gambling. Today, many states have brick and mortar casinos, sports betting outlets, lotteries, and race tracks.

Nevada (Las Vegas) was the first to legalize many types of gambling in 1931. New Jersey (Atlantic City) followed decades later in 1977. With the passage of the Indian Gaming Regulatory Act in 1988, reservations throughout the U.S. were permitted to offer gambling and gaming to generate revenues. To complicate things a bit, the Federal Wire Act of 1961 limited sports wagering between the states.

Texas

Online gambling has caused the states to review their positions on online casino games, including video poker, baccarat, roulette, keno, blackjack, faro, slots, craps, etc. If you’re accused of a gaming or gambling crime, or another party has offered illegal gambling in Texas, contact an experienced criminal attorney now.

When and Where is Gambling Legal in Texas and Throughout the U.S.

Gambling is legal for those who are 21 years of age or older at Eagle Pass in Texas (Kickapoo Lucky Eagle Casino). People in Texas can also legally participate in the Texas Lottery or make pari-mutuel wagers on greyhound and horse racing. Raffles, charitable bingo, and pull-tab bets are also considered legal in Texas.

In comparison, some states allow 18-year-olds to gamble. Today, Alaska, Arkansas**, California (some locations), Connecticut***, Delaware (horse racing only), Florida**/***, Idaho, Indiana**, Louisiana**, Maine**, Maryland**, Minnesota**, New Mexico, New York (by casino), Ohio**, Oklahoma (by casino), Oregon***, Pennsylvania**, South Dakota ***, Washington** (some casinos), Wisconsin***, and Wyoming allow some gambling to 18-year-olds.

Texas Legalize Gambling 2019

**Pari-mutuel wagers only (short duration events, such as horse racing, jai alai, or greyhound racing, or any event with ranked order participation)
***Bingo only

All other states require gamblers to be at least 21 years of age. It’s impossible to get around the age requirement at brick and mortar casinos. If you attempt to gamble before you’re 21 years old, you may be arrested, incur fines, or have your money confiscated by law enforcement.

The point of confusion for many would-be gamblers concerns online gambling. For instance, there may be a difference in the age required by the site and the age required by Texas to gamble. If the site says you can gamble at age 18 but Texas state law requires you to be at least 21 years old, you must comply with Texas state law. Don’t risk jail time and fines for gambling or gaming arrests.

Texas Gambling Laws

Texas gambling laws are some of the strictest in the nation. For instance, Texas Hold ‘Em card game bets are illegal in Texas. Gamblers must be 21 years old. They may be on greyhound or horse racing, social gambling (like office pools), charitable raffles, and bingo. The law says that gambling on other games of chances is against the law in Texas.

Under Code Section PEN 47.01 et seq. and Civ. St. 179e, gambling, or agreeing to win or lose money or something of value based on chance, or keeping a casino (other than one casino on Indian lands) is prohibited. Promoting any form of gambling (other than pari-mutuel wagers), maintaining a place of gambling, communicating information about gambling, or owning gambling devices are illegal in Texas. For that reason:

Card games, sports bets, and scratch tickets (other than those legally offered by the Texas Lottery) are illegal.

Casinos, other than Kickapoo Lucky Eagle Casino, are illegal in Texas. As a casino on native lands, the Lucky Eagle location is permitted.

Social gambling, like bingo games, private card games, or charity auctions are allowed unless the organizer takes a portion of the proceeds. The law in Texas says that gambling may occur in a private place as long as the chance of losing and winning are evenly distributed.

Slot machines with cash payouts are illegal in Texas. If the prizes are inexpensive and not cash items, such as a coffee pot, the law says it’s okay to play.

Slot Machines with Cash Payouts Are Illegal in Texas

According to a New York Times article, illegal slot machines are cropping up around Texas, especially in some Rio Grande Valley border towns. The problem has captured the attention of enforcement professionals of the U.S. Department of Homeland Security. It’s estimated that illegal slots machines generate approximately $1.9 billion per year (up to 150,000 illegal units).

Recognize that gambling at slot machines with cash payouts can mean arrest and legal consequences in Texas. If you or someone you know has been arrested for illegal gambling or gaming in Texas, you need an experienced criminal defense attorney at your side. If you or a loved one has been exploited because of gambling addiction in Houston, Harris County, or throughout Texas, you need a professional attorney to assist in the recovery of your money now. Don’t go it alone. Call Greg Tsioros to discuss your matter now at 832-752-5972 now. We’re standing by 24/7 to take your call.

Texas Could Legalize Sports Betting in 2020, Despite Opposition

If there is one thing that is true in Texas, it is that lawmakers in the state do not like casinos.

Countless attempts over the years to bring casinos into the state have failed when proposed.

But with the U.S. Supreme Court’s decision to give the power back to the states, Texas has become a hotbed of discussion for legalized sports gambling.

With the stigma that sports betting has in the state, progressive lawmakers understand that hearts and minds will have to change to get wagering on sporting events legal in the state.

Two bills were recently introduced by Democrat Representative Eduardo Lucio that could bring sports gambling to the state by 2020.

But Rep. Lucio knows the bills don’t have much of a chance to pass the Republican-controlled legislature, but that measures like these will have to be introduced for the conversation to change.

U.S. gaming expert, attorney Daniel Wallach, feels the more bills proposed, the more likely Texas could cave to outside pressure.

“I think the introduction of a bill like this starts the conversation, and while it may not end up on the ballot this year,” Wallach said.

Texas Legalize Gambling 2019 Date

“I think going forward, the prospects are promising for Texas because it’s probably one of the most important markets for sports betting, probably a top 5 market.”

The proposed bills do have a unique wrinkle as each bet would be taxed 6.25% rather than a casino’s revenue.

But until sports betting is considered not to be an evil endeavor by the Texas Legislature then hope right now is on life support.

How are Casinos in Neighboring States Influencing the Texas Bill?

Texas Legalize Gambling 2019 Results

The biggest obstacle in the fight to get sports betting into Texas is coming from casino lobbying from other states.

Native American tribe run casinos in Oklahoma have been significant contributors to Texas legislators in an attempt to kill the sports betting bills proposed recently.

Reports suggest that two Oklahoma tribes, the Chickasaw and Choctaw nations, have given more than $5 million in donations to Texas lawmakers since 2006.

“The tribes have a major-league seat at the table,” said Bill Pascrell III, a gambling lobbyist that seeks to legalize sports betting across all 50 states.

In a show of strength, the Native American-run casinos in Oklahoma flexed their muscle with the help of “America’s Team.”

The Dallas Cowboys recently joined into a partnership with the Oklahoma-based Winstar Casino, a gaming location that rests on the Oklahoma-Texas border along the Red River.

The agreement does not use the word “betting” in the contract but rather calls the Cowboys a “casino partner.”

Other experts, including documentary filmmaker Bradley Jackson, creator of the Showtime docu-series “Action” about sports gambling in Las Vegas, believes Texas will adopt sports gambling soon.

“I don’t think Texas will necessarily do it right off the bat,” Jackson told Texas Monthly.

Texas Legalize Gambling 2019 2020

“But I think it in a couple years, when they see how much money there is to be made and that there are smart ways to go about it, it’ll happen.”

Legalize Gambling In Texas 2019

With the amount of money that states like New Jersey are generating for their general funds, it is hard not to see Texas falling to internal pressure to create revenue via sports gambling.