Gambling Promotion Texas Penal Code
Although gambling is a multi-billion-dollar industry, the state of Texas has traditionally taken a hard line stance against the industry. “Texas Hold ‘Em”, the extremely sought after casino game is regularly played in poker tournaments around the world offering millions in cash prizes. The game derives its name from Texas but the Lone Star state forbids people from playing it for economic benefit.
- Gambling Promotion Texas Penal Code Lookup
- Gambling Promotion Texas Penal Code
- Gambling Promotion Texas Penal Code 2020
- Gambling Promotion Texas Penal Code 2019
- Gambling Promotion Texas Penal Code 2018
- Gambling Promotion Texas Penal Code 2016
Appellant was convicted for the felony offense of gambling promotion. Penal Code, § 47.03 (a) (2). Appellant pled not guilty before the court and the court, based upon stipulated evidence, found appellant guilty and assessed a three year prison term, probated. The Dallas Court of Appeals affirmed his conviction in a published opinion. Read this complete Texas Penal Code § 47.02. Gambling on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system.
The strict regulations on nearly all forms of gambling have led many people to use loopholes, legal machinations and in some cases pure lies to bypass them. Due to the increasing popularity as well as highly profitable nature of gambling, an illegal and semi-legal gambling industry worth billions of dollars exists in Texas. While the potential profits might encourage some to engage in illegal gambling activities, the legal consequences might be quite sobering.
Laws Surrounding Game Rooms and Eight-Liner Machines
The Texas Penal Code strictly forbids most forms of gambling. Chapter 47 of the code specifically forbids betting money or anything else of value on the outcome of a card game or any game of chance.
According to section 47.02, a person commits an offense if he or she:
- 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
- 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
- Gambles for cash or other valuable products at a game played using cards, dice, or other gambling paraphernalia
An offense under this section is a Class C misdemeanor.
Section 47.03 criminalizes the intentional promotion of gambling activities. This makes it illegal to:
- Operate or participate in the earnings of a gambling place
- Engage in bookmaking
- Hold anything of value or offered to bet with the aim of making a profit
- Sell chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest
- Set up or promote any lottery or offers with the aim of making a profit
An offense under this section is a Class A misdemeanor.
Section 47.04 prohibits one from using or allowing others to use property owned or controlled by him for gambling purposes with the aim of gaining profits. This is considered a Class A misdemeanor.
Knowingly communicating gambling information with the aim of making a profit is also criminalized under section 47.05 of the penal code. This includes the communication of information about bets, betting odds, or changes in betting odds or knowingly providing, installing, or maintaining equipment for the transmission or receipt of such information.
Section 47.06 further penalizes the possession of equipment or gambling devices that might be used to communicate the kind of information forbidden under section 47.05. Offenses under both sections are classified as Class A misdemeanors.
Defenses Against Gambling Charges
Though these gambling laws might appear harsh, with the aid of a good lawyer it is possible to mount successful defenses should one ever face such charges in a court of law. Some defenses that attorneys might advance include:
- The accused engaged in gambling in a private place
- No person received any economic benefits apart from personal winnings
- Except for the advantage of skill or luck, the chances of winning and risks of losing were equal for all parties involved
- The gambling activity is allowed by a separate law such as the State Lottery Act and the Texas Racing Act
- The accused owned or possessed gambling equipment with the aim of transporting it to another jurisdiction where possession of such equipment is legal.
The Problem of Eight-Liners
Section 47.01 of the Penal Code gives the definition of a gambling device. It defines many popular devices used in the games of chance including slot machines, roulette wheels, electronic poker or blackjack machines, and keno machines.
This section legalizes such gaming devices, provided they’re installed purely for entertainment purposes and give out winnings in form of prizes other than cash. The value of these prizes must also be either $5 or not surpass 10 times their purchase price, whichever figure is lower.
This exception to the law has fueled a rise in underground gambling activity across Texas with many operators seeking to make a profit by exploiting this legal loophole. For example, machines known as eight-liners have been growing in popularity all over the state with installations in both public places and private residences. Although they claim to be legitimate businesses, they would be deemed illegal if properly scrutinized by inspectors.
Such devices can easily be programmed to substitute cash payouts with other items such as home appliances. These prizes can then be exchanged for cash, thereby bypassing the strict ban against gambling for economic benefit. Some even configure them to pay out in cash while fooling gambling inspectors that they’re still operating within the law.
Gambling Penalties
Gambling for economic benefit in Texas might lead to some heavy penalties for those involved. Section 47 of the Texas Penal Code classifies the crimes as class A and C misdemeanors. The penalties for such crimes are:
- A fine of up to $500
- Community service and probation
These penalties are applicable for class C misdemeanors.
Class A misdemeanors attract penalties of:
- Up to one year in county jail
- A fine of up to $4000
Gambling Promotion Texas Penal Code Lookup
Attitudes Towards Game Rooms
While the legislative and law enforcement institutions in Texas continue to take a hard-line stance against gambling activities, civilians have shown a willingness to embrace relaxed gambling laws. In an effort to have some peace of mind, some Texas residents spend a lot of money traveling to other states where gambling for profit is allowed. The continued popularity of underground game rooms and explosion of online casinos is also a signal that the people would not mindless restrictive gambling laws.
Recently, some game rooms have gone to court seeking a proper interpretation of gambling laws, especially in cases where state laws seem to clash with federal laws. Some clubs operate in legal gray zones by interpreting the law in a way that suits their financial needs. For example, while gambling for economic benefit is strictly prohibited, these clubs make money by renting seats, charging by the hour, charging for the use of facilities inside the game room, and selling food and drinks at higher than normal profit margins.
Want to Know More about Texas Game Room Laws?
If you’ve been charged with breaking game room related laws, we will use the resources at our disposal to ensure the most favorable outcome for you. If you’re venturing into owning a game room, we will clear up any confusion or anxiety you might have about breaking the law.
The Law Office of Matthew D. Sharp has all the answers to your questions. Our highly experienced attorneys and dedicated team of legal experts leave nothing to chance in ensuring you get the best legal representation in Texas.
In contrast to other states that have either legalized online gaming or taken significant steps towards doing so, Texas has made no progress whatsoever towards legalizing any type of gaming in the state. There are little to no prospects at the current time for Texas to legalize online gaming. The gambling landscape is Texas is sparse, at least from a legal perspective, due to cultural factors inherent in Texas.
Texas Sports Betting Q&A 2020
Will Texas legalize sports betting?
Where is the closest legal sports’ betting to Texas?
What are the Texas sports betting laws?
Does Texas allow Daily Fantasy Sports?
What are the taxes in Texas on gambling winnings?
Frequently Asked Questions
Will Texas legalize sports betting?Legislation to legalize sports betting is currently on the books, but without a concrete timetable. However, with five professional franchises in the Dallas area and another four in Houston, most feel it is a matter of time. With over 28 million residents, the sports betting market is huge.
Where is the closest legal sports’ betting to Texas?Texans in the western panhandle and in the eastern parts of the state can cross state lines into New Mexico and Arkansas respectfully. These are the two closest physical locations where a Texas resident can legally bet on sports games.
What are the Texas sports betting laws?Under the penal code of Texas, most gambling is illegal. Texas residents can gamble at Native American casinos in the state. Currently, there are ongoing legislative discussions to legalize sports betting, but to date, the law lists it as at least a misdemeanor crime.
Does Texas allow Daily Fantasy Sports?Gambling Promotion Texas Penal Code
This question depends on who you ask. According to the Texas State Attorney General, DFS contests violate the state’s laws against gambling. There is a pending legal case involving DFS providers who are still accepting Texas residents for DFS contests.
What are the taxes in Texas on gambling winnings?Gambling outside the Native American casinos is illegal in Texas. Pinpointing the tax rate on any winnings is tough. The state doesn’t have an income tax, so to avoid potential tax evasion problems, the best solution is to apply the state’s so-called sin tax on such things as gambling.
What is Allowed and What Isn’t is 2020
Texas is one of the strictest states in the U.S. when it comes to betting laws. In fact, Texas Hold ‘Em is one of the most popular games in the country, but if you gambled on it in Texas, you could face a misdemeanor charge. Under the penal code, any form of gambling is illegal. Gambling is defined in the state law as any bet based on the notion of winning or losing something based purely on chance. Residents are restricted from betting roulette, blackjack, and poker, both at casinos and online, as long as they are in state property.
ContentsGambling Promotion Texas Penal Code 2020
This said, there are three casinos that operate in lands that are Native American territory inside, or just outside, the Texas border where Texas residents can go to gamble. Texas law does not apply to these lands, and therefore, casino gambling is allowed. Texas is very big, so these three casinos may be very far away from you if you live in the state. There is Naskila Gambling, located in eastern Texas in Livingston. About an hour north of Dallas is the WinStar World Casino and Resort located just over the Texas border in Oklahoma, where casino gambling is legal. The third location is in Eagle Pass in extreme southwest Texas at the Kickapoo Lucky Eagle Casino and Resort.
Sports Betting in Texas
Currently, sports betting is not allowed in Texas. This includes mobile online and gambling. However, horse racing and parimutuels betting are legal in the state, and there are tracks throughout where gambling enthusiasts go to and place wagers. Furthermore, DraftKings and FanDuel are allowed to operate in the state, and fantasy sports enthusiasts are allowed to use those websites to play daily fantasy sports games. However, while you are allowed to play daily fantasy sports, there hasn’t been a bill to regulate it yet. FanDuel has taken the more conservative road and has pulled out of Texas.
Is Betting on the Horizon in 2020?
Within the last six months, Rep. Eddie Lucio filed H 1275, legislation that would authorize and regulate sports betting operations, including mobile and online betting, in the state. The bill requires a referendum that would amend the state constitution. If passed, it would then need to be approved by voters in the November election. House Resolution 61 is also on the House floor, which would authorize betting on professional and collegiate sports. In order to be placed on the ballot for voters in November, two-thirds of both the Texas House and Senate must approve Lucio’s bill. While many consider it a long shot in the near future, if more states continue to pass legislation, Texas will eventually be pressured to pass betting legislation for the first time. In other words, as the nation goes, so will Texas.
Existing Gambling in Texas
While other neighboring states are starting to allow gaming outlets, Texas only has three casinos in the state. Commercial casinos are by law not permitted to operate in Texas. Most of the gaming in Texas is centered on the Texas State Lottery and limited horse racing venues. The three casinos in the state are Native American casinos. Two of these casinos have been the subject of protracted litigation in which the state successfully closed the casinos. These casinos restarted operations on their own after the National Indian Gaming Commission issued a legal opinion stating that these casinos were not illegal. The matter is back in court, where the state has again attempted to shutter the casinos. Texas has undertaken numerous efforts over the years to crack down on what it views to be illegal gambling. In addition, various types of poker rooms have been established where the operator charges players “rental fees” so as not to run afoul of restrictions against receiving money from a pot as an organizer of a game of chance.
The act of gambling is not per se illegal in itself in Texas. Residents of the state wager on DFS and through offshore casinos and no enforcement actions have been taken against them. There is nothing that prohibits these activities. Offering gambling as an operator, however, is illegal in Texas, and the restrictions are extensive. However, these restrictions are not necessarily clear, and they are inconsistently enforced. There is enough gray area in Texas gambling laws that creates some uncertainty for operators to devise new types of gaming that may not necessarily be illegal.
Currently, the black market for gambling in Texas is strong. In addition to the poker rooms, there are slots in Texas that operate either in spite of or with the tacit endorsement of law enforcement. One loophole that is exploited is that some slot machines pay non-cash prizes since the illegality is the payment of cash prizes. This loophole originated from the fact that legislators wanted to ensure that amusement machines that awarded prizes would not be considered illegal gambling.
Other slot machines simply operate behind closed doors. Some counties receive tax revenue from licensing slot machines that may or not be violating the law. The case of slots evidences both the vague nature of Texas laws and the amount of gambling that occurs, notwithstanding the prohibitions in the law.
Gambling Promotion Texas Penal Code 2019
Prospects for Gaming Expansion
In addition, there are no efforts underway in Texas that would legalize sports betting. Numerous pari mutual venues have expressed an interest in accepting sports wagers if they were to be legalized. Numerous gambling legalization bills have been introduced in the past, but they have never received a vote in the Texas Legislature. Instead, they have been sent to committee where the bills have died. Even in the event that the bills cleared the legislature, they would likely face a veto from the Texas Governor who maintains his opposition to gambling.
Even legislation that would have legalized and regulated daily fantasy sports in Texas never made it out committee and languished after it was introduced. DraftKings & FanDuel do not operate their daily fantasy product in Texas. At this point, Texans are left to hope that demographic changes in the state could ultimately change the political calculus in a way that would permit online and expanded gaming in the state because the current leadership is intractably opposed. Other neighboring states such as Oklahoma, New Mexico, and Louisiana have expanded gaming regardless of the political bent of those that control the levers of power in the states.
Gambling Promotion Texas Penal Code 2018
Notwithstanding, studies that show that expanded gaming can have a $1.7 billion impact on the Texas economy, political forces in the state vehemently oppose gaming. The black market in the state is already estimated at close to $2 billion. The bulk of the opposition to gambling is based on moral and religious objections to wagering. In addition to opposition based on moral grounds, some Texas opponents of gambling claim that expended wagering would lead to greater spending on social programs and regulation. Interestingly enough, the Texas Attorney General signed a legal brief supporting New Jersey in the case of Murphy v. NCAA, but his support should not be interpreted as an endorsement of gambling. Instead, he viewed the federal ban on sports wagering as an encroachment on state’s rights.
It is unlikely that legal gaming expansion will come to Texas anytime soon, and little can change that reality even though gambling is already occurring. Perhaps if the state receives evidence that Texas residents are traveling outside of the state to gamble, a movement would begin to expand gaming in Texas to keep revenues within the state. That, however, is doubtful to occur. As is, Texas is losing potential revenues as its residents are betting offshore and illegally within the state, and that revenue could be taxed. Control of the state government would need to change hands at this point in order for gambling to be expanded in any form in the state. The best possible outcome for gambling proponents at this point is that voters are able to decide the question of gaming expansion in a referendum.
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