Is Casino Gambling Legal In Texas
Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Under Texas law, (Penal Code §47.02) gambling is considered a criminal offense if someone: 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. Land Based Casinos in Texas Like many other states, US brick and mortar casinos are illegal in the state of Texas; the only exception to this rule are casinos built on Native American reservations. Casinos owned and operated by Native Americans don’t have to follow Texas casino laws, so they are 100% legal. Poker/Casino Nights Can my nonprofit hold a poker tournament or casino night fundraiser? Unlike raffles and bingo, there is NO exception to the gambling law in Texas for nonprofits to hold poker or casino night fundraising events. The gambling law, Chapter 47 of the Penal Code, applies to nonprofits and to for profits equally.
Texas has the strictest gambling laws in the country, but could the state benefit from changing its outlook? Texas Hold ‘Em is perhaps the most popular card game in the world, but if you were to play it in the state that it took its name from, you could find yourself facing a $500 misdemeanor fine.
Texas has some of the strictest gambling laws in the whole of the United States, if not the entire western world. Penal Code 47.01 prohibits almost every form of gambling in the state, apart from a few bizarre exceptions like dog and horse racing.
Roulette, slot casino wagering and sports betting are all strictly off-limits in Texas (well, almost strictly off-limits, but we’ll get to that later). In this article, we take an in-depth look at what is and isn’t legal in the state, as well as hypothesizing whether Texas would benefit from adopting the same approach to gambling as the United Kingdom.
What is illegal in Texas?
Under the Penal Code, any form of gambling, defined as a bet placed on the premise of winning or losing something based purely on chance, is illegal. The following activities are classed definitively as gambling and are therefore illegal in Texas:
1. Casino gambling
All forms of casino gambling are illegal in Texas.
Every game on offer in a casino, from slot machines to poker, blackjack, and roulette, is categorized as gambling and is considered illegal. The law is not just limited to landbased casinos but it also applies to online companies looking to provide casino games to customers, too. Texan people currently cannot enjoy the amazing variety of games people can access in the UK at registered, popular sites like 888 Casino, where you’ll find exhilarating graphics and exciting games, including online roulette, blackjack, and poker.
However, there is one notable exception to this law which prohibits ‘keeping a gambling place’. In Native American lands, this law is not applicable meaning there are one or two places within the state where you can enjoy casino gambling facilities.
2. Sports betting
A night spent wagering on greyhound racing is legal in Texas, whilst more mainstream sports betting is not.
Wagering on the outcome of any mainstream sport in Texas is illegal and subject to the $500 misdemeanor fine. That applies to betting shops which are strictly prohibited and also the use of sports betting websites that may be registered in a different state or country.
Horse racing and dog racing are however exempt from these laws, but only at licensed premises where you are permitted to bet just off the track. Simulcast races and ontrack pari-mutuel wagering are legal for horse racing.
Whilst there is a limit of three racetrack licenses for greyhound wagering with simulcast races and on-track pari-mutuel wagering also being legal.
3. Social Gambling
You may well think that social gambling would cover any form of gambling played between friends, such as a poker night or a special casino-style evening. However, in Texas social gambling refers solely to bingo and raffles sponsored by charitable organizations or licensed lotteries.
These activities are legal and enjoyed by many Texas residents. Social gambling in the non-legal sense is not. Even if you’re just playing a friendly game of cards at home with your friends you are all technically breaking the law.
Are there plans to loosen gambling laws in Texas?
Some states in the USA have legalized gambling, with it becoming increasingly popular.
The entire country is currently facing a crossroads when it comes to gambling, particularly the online derivative. In many states across the USA, there is a clear disparity between land-based gambling and online gambling with the latter almost always being illegal or at least partially prohibited.
At the time of writing a small handful of states have taken the bold step to legalize most forms of online gambling and are currently reaping the economic benefits. This has led to a lot more states putting forward tentative legislation to do the same, and it is expected that most states will have moved towards legalization by at least 2021.
Texas, however, is one of the most traditionally conservative states in the USA and will most likely be one of the last, if not the last states to loosen their gambling laws. There is a bill currently on the docket that pro-gambling advocates are pushing for, but that concerns mainly sports betting.
It is therefore likely that sports betting will be the first gambling act to be legalized throughout Texas. Gambling fans will, however, have to wait at least a few more years to see any further movement on casino, cards, and online gambling laws.
Is it worth loosening the gambling laws?
The arguments for and against gambling laws often become heated and extreme. One of the best and calmest way to analyze the effects of looser gambling laws is by being objective and looking to the example of the United Kingdom, a country that has previously struggled with gambling legislation but is now providing a successful blueprint.
British Gambling: An overview
Is Casino Gambling Legal In Texas 2019
Online gambling in the UK is booming, with the economy seeing significant boosts from since it was introduced.
In the United Kingdom (excluding Northern Ireland) almost every form of gambling is legal, ranging from casino betting and lotteries to online sports wagering. That policy of legalization has been hugely beneficial for the country.
Is Casino Gambling Legal In Texas States
The British economy has grown and benefitted from the widespread legalization of gambling. The industry in its entirety represents annual revenues of £15 billion ($19.76 billion) and provides hundreds of thousands of jobs.
One of the biggest arguments against gambling legalization is always the social problems that may be incurred by gambling. However, in the UK experts claim that extra exposure to gambling has resulted in a more mature attitude to gambling, with a population who’s less likely to encounter problems with gambling.
The National Lottery in the UK has been running for the better part of three decades is one of the biggest contributors to charity in the country. It has helped to fund various schemes and enterprises as well as provide funding to the Olympic teams. In addition to this, every gambling operator in the country is required to donate a percentage of their turnover to gambling charities which provide help to those struggling with gambling problems.
Summary
On the balance of all available evidence, it is safe to say that the legalization of gambling in the UK has had a positive impact on a range of measurable areas. With public opinion beginning to lean towards a similar approach in the USA and Texas, perhaps lawmakers should look to follow their lead?
- Bingo (1982), Horse racing (1987), Lottery (1991), Kickapoo Casino (1996)
- $1.2 billion
- $4.6 billion
- 18 for lottery and bingo, 21 for racing and Kickapoo Casino
- Texas does not have a statewide smoking ban
- Horse racing is the only form of legal online gambling
Texas casinos and gambling is not very common within its borders. The same cannot be said about its neighbors. Every state that borders Texas offers casinos. Oklahoma stacks casinos along its border with Texas. Lake Charles, Louisiana is just east of the Texas state line. There are also casinos just across the New Mexico border.
Texas has one tribal casino. It is located near the Mexico border on the Kickapoo reservation. The games available are slots, video poker, bingo, electronic table games, and live poker. The only forms of legalized gambling permitted off that reservation are a state lottery, charitable bingo and horse racing, which includes live and off-track betting.
Paying Gambling Taxes in Texas
OnlineUnitedStatesCasinos has gathered everything you need to know about paying taxes on your gambling winnings. Learn everything about reporting your gambling taxes straight from a Certified Public Accountant in our exclusive Gambling Taxes article.
Texas Casinos Map & Guide
- Kickapoo Lucky Eagle Casino
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Types of Online Texas Gambling Allowed
The only form of online gambling that is legal in Texas is off-track betting on horses. Apps like TVG, TwinSpires, and BetAmerica accept Texans.
Daily fantasy sports sites accept Texans. This goes against the public declaration by Texas Attorney General Ken Paxtonthat the games are illegal. The sites that defy this opinion and continue to operate in Texas in what appears to be an illegal market include DraftKings and FanDuel.
Types of Live Texas Gambling
- Slots: Yes
- Blackjack: Yes
- Poker: Yes
- Craps/Roulette: Yes
- Horses: Yes
- Lottery: Yes
There are a few forms of live gambling permitted in Texas. The Kickapoo tribe has a southern Texas casino. It is the only Texas casino in the state. Slots, video poker, electronic table games and live poker are spread. There are about 3,300 machines at the Lucky Eagle Casino on that reservation. There are no other Texas casinos currently operating within its borders. If the Texas gambling laws were to change, this might as well.
The Texas Lottery sells two types of lottery tickets. One is an instant game that involves scratch-off tickets. The other is lotto drawings. Texas is included in the multi-state drawings like Powerball and Mega Millions. It also has in-state drawings like Lotto Texas, Texas Two Step, Texas Triple Chance, All or Nothing, Pick3, Daily4, and Cash5.
Charities may spread bingo for fundraising purposes. These are very popular compared to most other states due to the lack of other Texas casinos and gambling options.
The racing industry also fares better in Texas than other locales. The lack of Texas casinos probably helps the tracks remain active. Live and off-track betting is available at horse and greyhound racing venues in Texas.
Texas Gambling Laws
There are strict Texas gambling laws. The only forms of legalized Texas gambling are ones specifically approved by voters in a constitutional referendum. The only forms of gambling voters have affirmed are charitable bingo, horse racing, and a state lottery. A gaming compact was created between the state and the Kickapoo tribe under the Indian Gaming Regulatory Act. Slots, video poker, electronic table games and a poker room are approved. Table games are not allowed. The Kickapoo tribe has the only reservation recognized by the state for gaming purposes. They are the only Texas casino currently operating.
While Texas bans most forms of betting, its punishments are lenient compared to other states. All gambling crimes that are not handled on a federal level are only misdemeanors.
A bet is defined as “an agreement to win or lose something of value solely or partially by chance”. Daily fantasy sports are illegal in Texas, likely because of this definition. The sites claim to be bona fide contests of skill that fall outside of this definition. The state attorney general and most legal analysts that follow the industry find that to be a laughable position.
The minimum Texas gambling age for lottery players is 18 years old. Live racing and off-track betting has a minimum Texas gambling age of 21 years old. The Kickapoo Lucky Eagle Casino also is required to exclude anyone under 21. Bingo players must be 18 but state law permits minors to play if accompanied by an adult.
List of Texas Casinos and Racetracks
There is only one Texas casino and it is the Kickapoo Lucky Eagle Casino in Eagle Pass. There are six active racetracks in Texas that have live and off-track betting. Three offers horses while the other three are greyhound tracks.
| Casino | Size | Address | Website |
|---|---|---|---|
| Kickapoo Lucky Eagle Casino – Eagle Pass | 3,300 Slot Machines | 768 Lucky Eagle Dr. | www.luckyeagletexas.com |
| Racetrack | Type | Address | Website |
| Gulf Coast Racing – Corpus Christie | Greyhounds | 5302 Leopard St. | www.gulfcoastracetrack.com |
| Gulf Greyhound Park – La Marque | Greyhounds | 1000 FM 2004 | www.gulfgreyhound.com |
| Lone Star Park – Grand Prairie | Thoroughbred | 1000 Lone Star Pkwy | www.lonestarpark.com |
| Retama Park – Selma | Thoroughbred & Quarter Horse | 1 Retama Pkwy | www.retamapark.com |
| Sam Houston Race Park – Houston | Quarter Horse | 7575 N. Sam Houston Pkwy W. | www.shrp.com |
| Valley Race Park – Harlingen | Greyhounds | 2601 S. Ed Carey Dr. | www.valleyracepark.com |
In addition to the Texas casinos and tracks, there are thousands of lottery retailers in the state where bettors can buy instant game and lotto tickets. There are also more than 100 places to play bingo.
Texas Gambling History
Horse racing dates back to before Texas became a state. Old time bookmakers took bets without any oversight. The industry had its issues with legitimacy before the industry died off in the middle of the 20th Century. It returned in a regulated state in 1987 to keep bettors from traveling to neighboring states for action. Live horses and greyhounds may be used.
Racing was not the first time gambling was legalized in Texas. Voters approved charitable gambling in 1980. The first bingo license was issued in 1982.
Voters approved the Texas Lottery in November 1991. The first ticket was sold in May 1992.
Tribal Texas Casinos Enter the Picture
Texas casino gambling has an interesting past in Texas. The Kickapoo tribe is the only one permitted to hold a gaming pact with the state.
The Tigua tribe was the first to open a casino in Texas. That occurred in 1993. It was done without a gaming compact. Governor Richards refused to enter into one.
The Tigua tribe sued the state and lost in 1994. The 5th Circuit Court of Appeals ruled that the state could not be compelled to sign a gaming compact. The Tigua casino remained open without a gaming pact. The state sued in 1999 and prevailed to shut the casino down. The casino did not close until 2001 when the Tigua tribe lost its appeals.
The Tigua tribe tried again in 2008 to roll out cash games. It opened a slot parlor but was forced to shut down after enforcement action was brought by Texas officials.
The Kickapoo Lucky Eagle Casino opened in 1996. It is still open today as it holds a gaming pact.
The Alabama-Coushatta tribe opened a casino in 2001. It closed after the Tigua Indians lost its initial court battle.
State law considers any activity that involves partial chance with money on the line to be gambling. Many gaming lawyers assumed that these meant daily fantasy sports were illegal in the state. The companies that operate those contests did not agree and operated in the state. Texas Attorney General Ken Paxton declared the games illegal in January 2016. The sites ignored his opinion as it did not include a demand to leave the market.
Texas Casinos & Gambling FAQ
What is the minimum Texas gambling age?
Lottery and bingo players must be at least 18 years old. Racing and casino players must be at least 21.
A bingo patron under 18 is allowed to play for real money if accompanied by an adult.
Yes. There is three horse racing tracks in Texas.
Yes. There are three greyhound tracks in Texas.
Yes. All six tracks have race books. TVG, TwinSpires, and BetAmerica all have mobile racing apps available to Texans.
There is one. It is Kickapoo’s Lucky Eagle Casino in Eagle Pass.
Slots, video poker, live poker and electronic table games are spread at Lucky Eagle Casino.
Sunland Park Race Track and Casino is just across the border in New Mexico from El Paso.
There are dozens of casinos along the Oklahoma state line.
Lake Charles, Louisiana is home to the closest casinos to Houston.
Texas Attorney General Ken Paxton declared daily fantasy sports illegal in January 2016. His opinion was ignored by most of the companies that provide the games.
FanDuel and DraftKings are the major daily fantasy sports sites still in the state.