Is Gambling Legal In Houston Texas

With 27.5 million residents, Texas is America’s second most-populous state.
This means that the Lone Star State could make a fortune through gambling taxes.

1. Gambling In Texas Law
2. Social Gambling In Texas
3. Legal Gambling States

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 Paxton that the games are illegal. Feb 28, 2018 Texas law does not allow for casinos. The gambling law specifically prohibits 'keeping a gambling place.' However, Native American lands are not subject to the same state gambling laws, and there is at least one legal casino in Texas on native lands. Social Gambling in Texas. One big exception in Texas gambling laws is social gambling. Currently, only social and charitable gambling is legal in Texas. In February 2019, HB1275 was filed by State Rep. Eddie Lucio the 3rd to authorize sports betting operations including mobile and online wagering. Specifically, it proposes that operators acquire a permit at $25,000 of which only 5 will be allocated.

But Texas doesn’t take advantage of this opportunity because they have
limited casino gaming and live poker.

Not surprisingly, Texas doesn’t have legal internet gambling either.

But offshore gaming sites still target their large market.

Online Gambling and Texas Law

Texas doesn’t address internet gambling in their criminal code. Furthermore,
they don’t mention the words “computer,” “internet,” or “online.”

But this doesn’t mean that internet gambling is legal here. In fact, the
state’s broad laws make it illegal for offshore gaming sites to operate within
their borders.

We’ll cover this and other important aspects of the state’s online gaming
stance below.

Is Online Gambling Legal in Texas?

Let’s begin with code 47.03 of the criminal code, which states that a person
“commits an offense if he intentionally or knowingly does any of the following
acts:”

• Earns profits from a “gambling place.”
• Bookmaking.
• Earns profits from being “a custodian of anything of value bet or offered to be bet.”
• “Sells chances” on any game, contest, or political nomination.
• Sets up and runs a lottery.

The first-time charge for any of these offenses is a Class A misdemeanor,
which is a light punishment for illegal gambling operators.

Nevertheless, it’s clear that Texas doesn’t allow any form of gaming beyond
what they’ve specifically approved. Internet gambling doesn’t fall under this
umbrella, therefore it’s technically illegal in the state.

Why do Gambling Sites Operate in Texas?

As just discussed, offshore gaming sites are not considered legal
in the Lone Star State, but they continue to
operate here for three main reasons:

1. Texas doesn’t have a regulated iGaming market.
2. Texas hasn’t taken legal action against offshore sites.
3. The Texas Constitution doesn’t specifically make internet gambling illegal.

These three conditions are present in most states, which is why most of them
are served by offshore operators.

Even Louisiana, South Dakota, and Washington – which explicitly outlaw online
gambling – have problems with offshore sites.

This means that the threat of legal action is the biggest condition to
whether internet gambling sites serve a state.

Texas has never pursued legal action against offshore sites, and the status
quo is likely to continue for a while.

Will I be Arrested for Gambling Online in Texas?

It’s possible, but there’s almost no chance that you’ll be arrested.

Code 47.02 states a gambling offense occurs if somebody:

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

Anybody who commits one of these offenses is subject to a Class C
misdemeanor. Exceptions are made for those who engage in social gambling and /
or are involved in a skill-based contest where everybody has the same chance.

Perhaps an argument can be made that online poker falls into this category
because it’s skill-based. But by and large, internet gambling is illegal in the
Lone Star State.

Nevertheless, they haven’t arrested anybody for playing online casino games
or placing sports bets. This gives us confidence that you won’t be arrested for
the activity.

Furthermore, the U.S. Department of Justice issued a 2011 opinion that the
Wire Act – a
federal ban on certain types of gambling – only applies to sports betting.

Are Offshore Gaming Sites Safe?

This depends upon the specific site you’re dealing with. But for the most
part, offshore gambling sites are safe.

The risk comes when considering that offshore sites are based outside of the
U.S. This means that they’re neither licensed in America nor directly subject to
U.S. laws.

The matter can be scarier given that a small percentage of nefarious
operators have closed without repaying player deposits..

But here’s the thing: most offshore operators realize the value in repeat
business.

If they don’t have good customer service or process cashouts in a timely
manner, they’ll receive less repeat players. Long story short, you can have
confidence that most internet gambling sites will serve you well.

How Do I Pick the Best Gaming Sites?

To choose safe gaming sites, you should read reviews of any prospective site.
The more reviews you read, the better you’ll be able to make an informed
deposit.

Another thing you should do is visit the site directly and look for certain
aspects. Reviews are great, but it’s even more effective if you do research
yourself.

Here are some key points that you want to look for:

• Longevity and Reputation –

  The longer a site is in business, the more likely it is that they properly serve
  players. And when you combine this with a good reputation (via reviews), you
  have a winning site.

• Game Variety –

  Everybody
  loves a nice variety of games. This is why you want to visit a site and see if
  they have the games / sports lines you want.

• Banking Options –

  If real
  money iGaming is your goal, then you need to make sure that there’s a deposit
  option you can use.

• Customer Support –

  This is
  a key point covered in reviews. You can also visit directly and live-chat with
  customer service to see how friendly and knowledgeable they are.

• Bonuses & Promotions –

  It’s
  always exciting to earn cash on the side of your play. Check out the welcome
  bonus and promotions at any site you’re interested in.

• Bonus Terms & Conditions –

  Click the terms and conditions underneath the welcome bonus to see what wagering
  requirements must be met. The industry standard for online casino bonuses is 40x
  rollover (or 20x bonus + deposit).

Also On This Page

More Gambling Laws in Texas

• Casino Games (Class II Legal)
• Sports Betting (Illegal)
• Poker (Legal)
• Racing Betting (Legal)
• Lottery (Legal)
• Bingo (Legal)
• Charitable Gambling (Legal)
• Social Gambling (Legal)

Casinos: Legal

Texas only has two casinos spread throughout its vast 269,596 square miles.
This includes the Kickapoo Lucky Eagle Casino and Aransas Queen cruise ship.

The Kickapoo Lucky Eagle is located along the Mexican border and offers Class
II gaming. Class II machines are similar to regular slot machines, except that
results are determined by historic horse races or electronic bingo cards
(instead of random number generators).

The Aransas Queen is a huge yacht that began sailing out of Corpus Christi in
2015. They’re only allowed to offer gaming when in international waters.

It remains to be seen how successful the Aransas Queen will be. Texas has had
multiple gambling cruises that have failed over the years.

This includes the Le Mistral, the original gambling cruise ship that set sail
from Galveston in 1988; it went bankrupt in 1994.

Several other Texas gambling cruises have either gone bankrupt or moved to
different states seeking more profitability.

Charitable Gambling: Legal

Under the Charitable Raffle Enabling Act, Texas allows licensed charities to
offer bingo and raffles. Unfortunately, this means that casino nights and Texas
hold’em tournaments are out of the question.

Lottery: Legal

Legalized in 1992, the Texas Lottery sells a wide range of instant and
drawing games. Available games include: All or Nothing, Cash Five, Daily 4, Pick
3, Mega Millions, Powerball, Texas Triple Chance, and Texas Two Step.

Poker: Legal

The Kickapoo Lucky Eagle Casino has a small poker room. Other than this, the
only ways to play poker in Texas include offshore gaming sites and social games.

Racing: Legal

Texas is one of the few states that offers active horse and dog racing
tracks. They currently have four tracks operating in the state.

Social Gambling: Legal

Code 47.02 of the Texas criminal code includes exemptions for social gaming.
These include the following:

1 – “The actor engaged in gambling in a private place.”

2 – “No person received any economic benefit other than personal winnings.”

3 – “Except for the advantage of skill or luck, the risks of losing and the
chances of winning were the same for all participants.”

As long as the host isn’t profiting from your social gambling function
through a house edge, food, or drinks, the game should be fine. Also, make sure
that no illegal firearms or drugs are on the premises.

Gambling Venues in Texas

As discussed before, Texas only has two casinos – the Aransas Queen cruise and
Kickapoo Lucky Eagle.

Lucky Eagle is by far the largest of these casinos, sporting over 3,300 Class
II gaming machines. But it’s also in the remote Lucky Pass area on the Mexican
border, making it difficult for many Texans to visit.

Aransas Queen has over 200 gaming machines and some table games. This mega
yacht must reach international waters before gambling commences.

In addition to two casinos, Texas also offers Class II pull tab machines at
parlors in the Dallas, Houston, and San Antonio areas.

These are electronic pull tab machines that look and play like slot machines.
One stipulation to these games is that individual payouts can’t be any larger
than $5.

Lucky Eagle Casino & Hotel

794 Lucky Eagle Drive

Eagle Pass, TX 78852

History of Gambling in Texas

Dating back to when U.S. settlers arrived in Mexican Texas, the territory was
filled with brothels, saloons, and gambling halls. This continued long after
Texas became a state in 1845.

Gambling In Texas Law

Professional gamblers like “Doc” Holliday and “Lottie Deno” Thompkins roamed
the plains of Texas in the mid and late 1800s.

The Lone Star State finally began cracking down on vices in the early 1900s.
Most gambling halls were banned and closed by 1917.

Texas didn’t officially legalize any gambling activities until 1933, when
they approved pari-mutuel betting. Just four years later, the state voted to
shut down pari-mutuel wagering.

The see sawing continued in 1987, when Texas legalized pari-mutuel gambling
for good.

The state also has a strange history with tribal casinos. With help from the
federal government, they shut down the Tigua Tribe’s Speaking Rock casino in
2002.

But the Kickapoo Casino has been in operation ever since 1996 because they
offer Class II gaming. Governor George W. Bush questioned the validity of this
casino, but the Kickapoo won a pre-emptive lawsuit against the state.

Texas also legalized casino cruise ships in 1988, but ships were originally
forced to visit a foreign port of call (Mexican villages) before docking in
Texas. This only lasted a year before Galveston officials got the port of call
portion repealed.

Despite their limited gambling, Texas has had activity on the iGaming
legislative front.

U.S. Rep. Joe Barton has introduced federal online poker legislation twice.
Texas also had two other iGaming bills introduced in 2013, but none of these
efforts came to fruition.

Texas Gambling FAQs

Social Gambling In Texas

With no specific laws addressing internet gambling and a host of available
offshore sites, Texas iGaming is confusing to many gamblers.

Here are some FAQs we’ve received on the Lone Star State that can help clear
up the matter.

Are Daily Fantasy Sports Legal in Texas?

According to Texas Attorney General Ken Paxton, daily fantasy sports (DFS)
aren’t legal. Here’s an excerpt from his
January
2016 letter:

“Because the outcomes of games in daily fantasy sports leagues depends
partially on chance, an individual’s payment of a fee to participate in such
activities is a bet. Accordingly, a court would likely determine that
participation in daily fantasy sports is illegal gambling.”

DraftKings, the industry’s largest site, has refused to take this ruling
lying down. They launched a lawsuit against Paxton and continue to operate in
the Lone Star State; FanDuel, however, exited Texas.

State Rep. Richard Raymond introduced legislation that would’ve classified
DFS as a skill based activity, but House Bill 1457 failed to gain any serious
attention.

When Will Texas Legalize Online Gambling?

It could be a decade or more.

Texas isn’t receptive of new forms of gambling. The casinos and gaming
parlors they have skirt state laws by offering Class II machines that operate
through loopholes.

With no commercial casino industry to lobby for internet gambling, it seems
unlikely that the activity will be available any time soon.

Strangely enough, though, Texas has had federal legislative efforts come out
of their state.

U.S. Representative Joe Barton (R-Tex.) proposed the Online Poker Act of
2011, which would’ve legalized online poker on a federal level. But HR-2366
didn’t get any significant attention in Congress.

In 2013, Barton introduced another legislative effort called the Poker
Freedom Act. This also sought to regulate internet poker on a federal level,
while leaving online casino games up to individual states.

Legal Gambling States

The same year saw former State Senator Leticia van de Putte introduce State
Bill No. 1103. This legislation would’ve allowed states to opt in to federally
legalized internet poker.

None of Texas’ iGaming bills have gotten very far. But they do show that
state politicians at least consider the matter.

Looking at Texas today, though, we don’t see them regulating online gaming
for another 10 years.

Why Doesn’t Texas Bust Internet Gambling Sites?

Texas will bust an online gambling operation – they just haven’t shown the
willingness to cross seas to do it.

In 2013, state police raided a
$5 billion online sports betting operation in the North Texas area.

The eighteen-member ring accepted both online and in-person bets, making $200
million in profits from 2007 to 2011.

The main reason why this group was busted is because they operated on US
soil.

It’s an entirely different ballgame to pursue offshore gaming sites operating
in countries like Antigua and Barbuda, Costa Rica, and Panama. The only state
that has successfully done this is New York, which was backed by the U.S.
Department of Justice.

Because of their size, Texas has the resources to pursue offshore gambling
sites. But like most other American states, they view other things as more
important than chasing gambling sites.

Can I Gamble on my Smartphone or Tablet in Texas?

Gambling on your smartphone isn’t technically legal. But we don’t see you
ever being arrested for it.

Code 47.01 (4) states the following about illegal gambling devices:

“…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.”

This could include a smartphone or tablet if Texas felt like pursing mobile
gamblers. But they’ve never arrested anybody for internet gambling, and we don’t
see this changing anytime soon.

Additional Resources

Here’s information on Texas gaming agencies and where you can find the
state’s gambling laws.

This website features many laws related to Texas’ gambling industry.

This page covers multiple gambling-related FAQs with Texas State Attorney
General Ken Paxton.

This page offers a comprehensive look at laws for Texas bingo, general
gambling, lotteries, and racing.

The Texas Racing Commission website features information on the state’s dog
and horse racing industries.

The Future

Texas features most forms of gambling, although they’re very limited in the
casino, pari-mutuel, and poker categories.

The Lone Star State has been conservative on the gambling front ever since
the lawless 1800s. This means that they’re slow to adapt to new forms of gaming.

The same holds true for internet gambling because Texas hasn’t legalized
casino games, poker, or daily fantasy sports.

Surprisingly, Texas has had politicians try to legalize online poker on a
federal level. But these efforts have never earned a serious look.

Odds are that iGaming will never be legalized on a federal level until the
state has commercial casinos. This has been an absolute condition thus far in
regulated states like Delaware, Nevada, and New Jersey.

Given that Texas has no immediate plans for casinos, this alone could take 5
to 10 years to happen. Then, we’re looking at a few more years until the Lone
Star State regulates internet gambling.

Until that happens, you’re free to enjoy offshore gaming sites, because Texas
ignores both operators and players.

If you have gambling debts and are considering bankruptcy, contactThe Law Offices Of R.J.Atkinson for a free bankruptcy evaluation. We can answer your questions about gambling debts & bankruptcy, and we may even be able to help you eliminate your gambling debts in bankruptcy. Contact us about your debt situation.

Can You File Bankruptcy and Get Rid of Your Gambling Debts?

Gamblers sometimes end up filing for bankruptcy. Incurring excessive gambling losses and gambling debts can often lead to filing for bankruptcy. In fact, in the official bankruptcy forms needed to file a bankruptcy, there is a question that specifically asks about gambling losses. Gambling debts for the most part, are dischargeable in bankruptcy. In other words, you can get rid of a gambling debt in bankruptcy since gambling debts are considered unsecured, they can be completely eliminated in a Chapter 7 Bankruptcy. There are some situations which make gambling debts a bit complicated in a bankruptcy, but if the means test determines you are eligible to file for Chapter 7 Bankruptcy, and there’s no fraud or misrepresentation involved, then in most cases, you can completely eliminate your gambling debts.

Texas and Gambling

Texas has a history of gambling, or at least a history of playing poker. “Texas hold ‘em” according to, the Texas State Legislature officially recognizes Robstown, Texas, as the birthplace place of Texas hold ‘em, dating the game to the 'early 1900s'. Before the exposure of Texas hold ‘em on television, the Internet, and in popular culture, famous Texas Gamblers such as Doyle Brunson, Amarillo Slim, Chill Wills, and Crandall Addington were making Texas known as a State of poker players in places like Las Vegas and Atlantic City.

At one time Las Vegas and Atlantic City were the primary places to gamble. That’s not the case anymore. Gambling is available almost everywhere these days, including on the internet, riverboats, lotteries, casinos, horse racing, offshore & off-track betting, and there are also illegal forms of gambling via bookmakers and in private clubs & casinos. Legal regulated gambling in Texas primarily consists of the lottery and horse racing. Although some situations may allow for poker to be played in private, for the most part, gambling is considered illegal in Texas, so sports betting, slot machines, roulette, black jack, promotion of gambling, and other unregulated gambling is not permitted. See Chapter 47 - § 47.01. to § 47.10. of the Texas Statutes.

As for bankruptcy and gambling, many Texans who file bankruptcy often eliminate gambling debts in their bankruptcies. These gambling debts most often arise from cash advances on credit cards, casino credit, and casino markers. Whether gambling debts are from credit card cash advances, casino markers, or casino credit lines, they can usually be eliminated in bankruptcy.

Credit Card Cash Advances

Oftentimes, gamblers will generate money to gamble with by taking cash advances from their credit cards at a casino. When the gambler looses, they are faced with carrying large amounts of credit card debt later on. This credit card debt usually comes at a high cost because cash advances tend to accrue at a much higher interest rate. Sometimes gamblers will borrow from one credit card to pay another, while taking additional cash advances from other credit cards in the hopes they will eventually win enough to pay their deepening debt. This credit card cash advance gambling cycle can go on for some time until the gambler’s financial world eventually collapses. When it comes to this point, the gambler can end up financially destroyed and very often facing a bankruptcy.

Casino Credit

Casino credit is primarily a marketing tool of casinos that, is intended to generate revenues for the casino. Unlike governmentally regulated lending institutions that offer consumer credit, casinos don’t charge interest for the use of their funds; but, casino credit should not be considered interest free. Casino credit is granted to certain players and is usually a signature agreement to pay the casino whatever amount of credit is extended. The total amount the casino extends is called a gambler’s credit line. In a bankruptcy context, casino credit is treated like an unsecured signature loan, and is most always dischargeable.

Casino Markers

A casino marker is an advance of credit to a gambler against funds on deposit or tied to a credit card. Sometimes, a casino marker is tied to a casino credit line or a post dated check. If for example a player's credit line is $10,000.00, then the casino will accept a check or checks totaling $10,000.00 from the gambler and agree to hold these checks until some date in the future. Check cashing privileges at a casino can permit a gambler to cash either personal or business checks at the casino cage. The casino will then deposit these checks into their bank account on the next business day or whenever the casino agrees to do so. Different casinos have different policies on checks. In some jurisdictions the post-dating of the check makes it a civil matter or criminal matter if the check is returned. In a bankruptcy case it can complicate matters if the casino has deposited the check, or is holding the post-dated check and presses criminal charges in their jurisdiction for writing a bad check or issuing a check that was never intended to be honored. Bankruptcy cannot stop criminal proceedings against you for bad checks.

Other Gambling Related Debts

Besides credit card cash advances, casino credit lines, & casino markers sometimes secured by postdated checks, there are other types of debts incurred for gambling purposes which are often seen in bankruptcy cases. Payday loans, pawn shop loans, car title loans, and signature loans. Depending on the facts of a particular case along with the time frames associated, and whether or not the debts are secured or unsecured, will determine their dischargability in bankruptcy.

Lucky Chapter 7

7 is considered to be a lucky number in the gambling world, and in the world of debt, 7 can also be considered a lucky number depending on your particular situation and perspective. If you have lost your employment, encountered a medical illness, failed in business, or are down on your luck because of any other financial setback, your luck could change if you can file for Chapter 7 Bankruptcy. If the means test provides that you are eligible to file for Chapter 7, you can get rid of your burdensome debt, which might include gambling debts, credit card debts, and other unsecured debts, while keeping your property as allowed by law. Texas has generous exemption laws, which for most Chapter 7 Bankruptcy fliers allows them to keep all of their assets, while eliminating their dischargeable debt.

Lucky 13

13 is considered to be a lucky number in the gambling world depending on what game you play, and in the world of debt, the number 13 like 7 can also be considered a lucky number depending on your particular situation. Chapter 13 Bankruptcy is most often used to stop foreclosure, repossession, and repay debts like child support arrears or back taxes that can’t be eliminated in a Chapter 7. Chapter 13 can also significantly reduce unsecured debt such as credit cards, payday loans, and gambling debts. If you file a Chapter 13 Bankruptcy, unsecured debts aren’t entirely eliminated. Instead, they are paid back on terms based on your disposable income. If your disposable income dictates that they are to receive 10 cents on the dollar, that’s what they’ll have to accept. So it’s possible to owe $10,000.00 in credit card debt and repay only $1,000.00 over 3 to 5 years without interest. If you do the math, you can see the benefit a Chapter 13 Bankruptcy can have on reducing credit card debt. If you owe $50,000.00 or $60,000.00 in unsecured debt but only have to pay back $5,000.00 or $6,000.00, or even $8,000.00 or $10,000.00 over 3 to 5 years without interest, that’s a significant difference.

Gambling Debts that Bankruptcy Probably Won’t Get Rid Of…

Incurring gambling debts in casinos and potentially eliminating them in bankruptcy is one thing, but incurring illegal gambling debts and attempting to get rid of them in bankruptcy is another. You can’t discharge illegal gambling debts in a bankruptcy proceeding. The United States Bankruptcy Code cannot discharge debts incurred from illegal activities. So if you owe an illegal bookmaker, or an online casino tens of thousands of dollars and need debt relief, the Bankruptcy Court is not the forum to address those debts.

Even though legal gambling debts may be eliminated in bankruptcy, there are certain situations where such gambling debts might not be discharged in a bankruptcy. These are usually cases where fraud, deception, or criminal activity is involved. For example, if you go on a bad check writing spree at casinos days, weeks, or months, before filing bankruptcy, take huge credit card cash advances at a casino a few months before filing bankruptcy, or make material misrepresentations to obtain credit at a casino such as knowingly writing bad checks which induced the casino to extend you credit, you could have problems discharging the debt. Any debts incurred 90 to 180 days prior to your Bankruptcy filing will be scrutinized. You have the burden of proof to show the debts incurred were reasonable and necessary so they can be discharged. If they are gambling debts it may be difficult to get them discharged. Likewise, if you have post dated checks a casino is holding or have returned checks that were issued to a casino, you should contact an experienced bankruptcy attorney before filing bankruptcy. There could be potential objections to discharge and possible criminal charges depending on the amount of the checks, what state they were written in, and whether the casino claims you incurred the debt by fraud or deception, or has filed criminal charges for bad checks.

Do You Have Gambling Debts?

If you have gambling debts, or have questions about gambling debts and bankruptcy, contact us . We may be able to help. If you live in Austin, Houston, Dallas, San Antonio, or most anywhere else in Texas and are interested in filing for Bankruptcy to deal with your gambling debts, contact the Houston Bankruptcy Attorneys at The Law Offices Of R.J.Atkinson for a free bankruptcy evaluation and a free bankruptcy means test.

Every case is different, so every case should be evaluated on a case by case basis, but whatever the case is, and whatever chapter of bankruptcy you may be eligible to file, bankruptcy puts you back in control of your finances on your terms. Don’t waste your life drowning in debt, get a fresh start today…

Contact Houston Bankruptcy Attorney R.J.Atkinson: 713-862-1700