Sports Gambling

Sports Gambling in Texas

In May 2018, the U.S. Supreme Court's decision in Murphy v. National Collegiate Athletic Association [PDF] struck down the federal ban on sports gambling, giving the power to the states to decide whether or not they want to legalize it. In an opinion issued in 2016, the Texas Attorney General stated that he believes paid daily sport fantasy leagues are considered illegal gambling under Texas law, while the "traditional " season-long fantasy leagues may be lawful in certain circumstances.

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

Texas Law

Article 3, Section 47 of the Texas Constitution
This section of the Texas Constitution requires the Legislature to pass laws prohibiting "lotteries and gift enterprises”, providing exceptions for charitable bingo, state lotteries and charitable raffles.
Texas Penal Code, Chapter 47
State law that describes criminal offenses related to gambling.

Federal Law

Chapter 53, Subchapter IV in Title 31 of the U.S. Code
Federal law regulating online gambling. Also referred to as the Federal Unlawful Internet Gambling Enforcement Act of 2006.

Understanding the Law

Bingo, Raffles, Gaming Rooms and Other Gambling Issues Under Texas Law
A 2019 publication created by the Texas Association of Counties addressing certain exceptions to the general prohibition against gambling including game rooms, eight-liners, bingo and fantasy sports. It also discusses Texas counties' authority to regulate businesses that offer these services.
The Supreme Court ruled that states can legalize sports gambling. But Texas still might not play.
A 2018 article from the Texas Tribune discussing the U.S. Supreme Court's decision to allow states to legalize sports gambling and its possible effect on Texas law.

Attorney General Opinions

Below you will find links to Texas Attorney General opinions issued on sports 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.

Attorney General Opinion: KP-0057 (2016)
An opinion by Attorney General Ken Paxton on how the gambling law should be applied to online fantasy sports leagues.