Gambling Laws in Texas: When and Where Texans Can Gamble

• When Will Online Gambling Be Legal In Texas Today
• When Will Online Gambling Be Legal In Texas Now
• When Will Online Gambling Be Legal In Texas 2020
• When Will Online Gambling Be Legal In Texas 2019

Within a week, New Jersey became the third state to legalize online gambling, authorizing the issue of both online poker and online casino licenses to casinos in Atlantic City. In April 2013, the first legal online gambling site in the United States went live in Nevada. 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.

Even though online gambling in general is prohibited in Texas, there is an option for players. It is simply using an offshore casino that welcomes players from the US. 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. At present, Texas has no form of legal gambling. Neighboring places have casinos that Texans go to visit, but they still have to cross state lines to do their betting. What's more, the local government previously hadn't given a change in much consideration.

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

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.

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.

**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.

• Year Texas Regulated Gambling: Bingo (1982), Horse racing (1987), Lottery (1991), Kickapoo Casino (1996)
• Estimated Tax Revenue from Gambling: $1.2 billion
• Estimated Gambling Revenue: $4.6 billion
• Texas Gambling Age: 18 for lottery and bingo, 21 for racing and Kickapoo Casino
• Smoking ban: Texas does not have a statewide smoking ban
• Online gambling status: 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

• Number of B&M Casinos: 1
• Number of Poker Rooms: 1
• Number of Indian Casinos: 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.

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 20^th 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.

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 5^th 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

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.

When Will Online Gambling Be Legal In Texas Today

Slots, video poker, live poker and electronic table games are spread at Lucky Eagle Casino.

When Will Online Gambling Be Legal In Texas Now

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.

When Will Online Gambling Be Legal In Texas 2020

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.

When Will Online Gambling Be Legal In Texas 2019