Note The 88th Regular Legislative Session begins on January 10th, 2023. This means new laws may be passed in early 2023 that may affect this subject. To research pending legislation on this topic, please see the resources below.

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
• 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; or
• plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.

The law does provide for some exceptions such as participating in the state lottery or placing bets on horse and greyhound dog races (sometimes referred to as pari-mutuel wagering). The law also provides for some affirmative defenses to prosecution:

• the actor engaged in gambling in a private place;
• no person received any economic benefit other than personal winnings; and
• except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants 

Additional exceptions include if the person reasonably believed their conduct:

• was permitted under Chapter 2001, Occupations Code; (Charitable Bingo)
• was permitted under Chapter 2002, Occupations Code; (Charitable Raffles)
• was permitted under Chapter 2004, Occupations Code; (Sports Charity Raffles)

The first page of this guide will provide you with an overview of the Texas laws on gambling while the subsequent pages will discuss more specific topics like bingo, eight-liners and poker.

Below you will find references to areas of Texas and federal law related to gambling. If you find these statutes difficult to understand, please see the Understanding the Law resources below for a "plain English" explanation of these laws.

Texas Law

Federal Law

Understanding the Law

Below you will find links to Texas Attorney General opinions issued on gambling. While attorney general opinions can be highly persuasive and are entitled to great weight, the ultimate determination of a law's applicability, meaning or constitutionality is left to the courts.