Because Texas laws on gambling are complex, determining whether or not a particular poker game is being conducted legally can be difficult.

Texas gambling law states that a person commits a criminal offense if they play and bet for money or other thing of value at any game played with cards. However, the law does provide for a defense to prosecution if three elements are met:

• the game is played in a private place
• no person receives 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 are the same for all participants.

Texas gambling law also makes it a criminal offense to "keep a gambling place" though, it also provides some exceptions as a defense to prosecution.

Note If you suspect someone is running an illegal poker game, contact your local law enforcement agency to report it.

Texas Laws

Texas Attorney General Opinions

Federal Laws

Understanding the Law

Private poker clubs have been popping up across Texas and their legality is currently under debate. Owners of these clubs claim they are operating in accordance with Texas' gambling laws by only charging membership fees and dues rather than taking a percentage of the pot. Critics claim they are merely exploiting a loophole in the law.

Understanding the Law