Online Gambling Legal In Texas

Online Gambling Legal In Texas Rating: 4,2/5 8605 votes

Sports gambling could be legal in Texas in 2020 newswest9.com would like to send you push notifications about the latest news and weather. Notifications can be turned off anytime in the browser. Is Bovada legal in Texas? Yes, bettors in Texas can place bets online at Bovada Sportsbook without violating any domestic gambling laws. Bovada operates legally within the industry under the credentials of its parent company, Bodog. There are no state or federal laws that prohibit Texans from placing bets at Bovada.

  • 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

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Texas Casinos Map & Guide

  • Kickapoo Lucky Eagle Casino
  • 1
  • 1
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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.

CasinoSizeAddressWebsite
Kickapoo Lucky Eagle Casino – Eagle Pass3,300 Slot Machines768 Lucky Eagle Dr.www.luckyeagletexas.com
RacetrackTypeAddressWebsite
Gulf Coast Racing – Corpus ChristieGreyhounds5302 Leopard St.www.gulfcoastracetrack.com
Gulf Greyhound Park – La MarqueGreyhounds1000 FM 2004www.gulfgreyhound.com
Lone Star Park – Grand PrairieThoroughbred1000 Lone Star Pkwywww.lonestarpark.com
Retama Park – SelmaThoroughbred & Quarter Horse1 Retama Pkwywww.retamapark.com
Sam Houston Race Park – HoustonQuarter Horse7575 N. Sam Houston Pkwy W.www.shrp.com
Valley Race Park – HarlingenGreyhounds2601 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.

Is online poker, casino or sports betting legal in Texas over the Internet?

Online Gambling Laws in Texas

Online gambling is growing in popularity at a fast pace. Many people have encountered online marketing for online casinos or online poker. While some of these games may seem like nothing more than harmless fun, the truth is that they are illegal under most circumstances. Engaging in online gambling may lead to criminal charges and serious penalties.

Laws regarding online gambling may seem confusing because different states can have very different laws on this type of gambling. Also, some states which allow certain forms of offline gambling may criminalize online gambling. Read on for a clear explanation of these laws in Texas.

Is Online Gambling Illegal in Texas?

The laws regarding gambling in Texas are somewhat complex. This is due, in part, to the fact that gambling can take many forms and occur in many places. It’s helpful to take a broad view of the situation and then take a closer look at some of the specifics of Texas gambling laws.

According to Section 47.02 of the Texas Penal Code, gambling is a criminal offense. This means that, according to the law, it is illegal to make a bet on the outcome of a sporting event, game, contest or election for the purpose of paying out money to the winner of the bet. This is a very broad law that prohibits the operation of casinos, gambling dens or bookmaking operations within the state of Texas.

However, there are some exceptions to the law. For example, it is a defense to prosecution if:

  • The betting occurred in a private place
  • No money was exchanged except for personal winnings
  • The odds of winning for all players were evenly matched except for the influence of skill or luck

So, if John and Alice are watching the Super Bowl at John’s house and they each place a bet on the outcome of the game, they are not liable to criminal prosecution. However, if John rents a public building and invites all of his friends to come over and place bets, he may be charged with an offense.

It is also a defense to prosecution to play a game for a reward that is not monetary on a device which is not listed as a gambling device. So, in some ways, games of chance are legal in Texas.

However, this does not always apply to online gambling. Online gambling takes place on the Internet, which is not a private place. It also involves exchanges of money other than paying out winnings and it can involve an element of chance, rather than pure skill. At this time, online gambling is illegal in Texas.

The Problem of Online Gambling

There are several reasons that online gambling is illegal in Texas. Primarily, it is illegal because it violates Texas’ prohibitions on gambling. It is also illegal at the federal level and many other states have banned it.

The major difference between online and offline gambling is that online gambling occurs in a public forum. This is the case with Internet casinos and other games of chance that are hosted online.

Daily fantasy sports leagues have added a new element to this situation. Sites like FanDuel claim that their services are based on skill, not chance. In Texas, a traditional fantasy sports league held in a private home would be likely exempted from prosecution. However, an online fantasy sports league that charges a fee for participation would violate this law because it occurs in a public forum and money is exchanged other than personal winnings.

Legal Penalties

A person who is convicted on a charge of gambling in a Texas court can face significant penalties. A first-time conviction for gambling can result in a penalty of a $500 fine. Business owners who permit gambling on their property may lose their license to operate a business.

Online Gambling Legal In Texas

People who engage in online gambling may find themselves facing federal prosecution as well. Internet gambling may be a violation of the Wire Wager Act, opening participants up to federal charges.

At the end of the day, placing a public bet on the outcome of an event and paying a fee to participate is classified as illegal gambling in the state of Texas.

Are you currently facing charges for illegal gambling? Matthew Sharp is an aggessive attorney dedicated to protecting the rights of those accused of crimes. Contact his office today at 713-868-6100.