Texas Online Gambling Laws
Is Online Gambling Legal in California? These days, the United States is one of the more confusing countries in the world when it comes to online gambling laws, with dozens of states having different rules and nuances of how they treat the topic. When it comes to California, it is perhaps the unique exception. Sports gambling in texas is legal because there are no laws that ban the act of online sports betting in the longhorn state of TX.
Important TX Notes
- Residents from TX can legally play at online poker sites
- iPoker bills have been introduced in the state legislature
- Commercial casinos are currently illegal in Texas
- Live poker can’t be played at a single tribal casino
- However, home poker games are legal
“Reviewed by Chuck Humphrey – 50 year Gaming Law Practitioner”
Under current laws, it is not legal to operate a poker online business in the State of Texas. No licensing body has been set up in the Lone Star state and there are no talks of seeking compacts with licensed states to offer online poker to residents. A number of measures are pending which may, in the future, introduce online poker to Texas on a state and/or federal level. Studies show that Texas poker players are taking their gambling to offshore poker rooms which is legal to do so.
Future Outlook of Online Poker in Texas – Estimated date of legalization: 2020-2021
The following graph tracks our expected legislation of online poker in Texas on a state law level. It is currently already legal on a Federal level. This graph monitors the current rise or fall of expected legalization.
Recent Activity
With 27 million residents, many of them avid gamblers it would seem that Texas has fertile ground to grow a successful online poker industry. However, Texas is considered a conservative bastion with strong anti-gambling factions, who continue to rally together to block the advancement of gambling laws.
A joint resolution, consisting of the State of Texas Ballot Measure SJR No. 43[A] and State Bill No. 1103[B], which was introduced by Senator Leticia van de Putte in March 2013. The measure needed to be approved by the Senate and the House, which it wasn’t, and proposes a constitutional amendment to allow for federally regulated online poker. The measure allowed for a Texas constitutional amendment which could allow for the state to opt-in if and when federal licensing becomes a reality for online poker in the United States. The measure is not exclusive to Texas and would essentially allow any state to apply the federal law if it becomes a reality.
Rep. Eddie Rodriguez, D-Austin, one of the most active lawmakers in favor of poker legislation in the state has been quoted as saying in the Star Telegram: “We make criminals out of poker players, and we don’t have to. The rest of the country is catching up to this idea. I hope Texas will follow suit.”
Another bill still being pushed, albeit on a purely federal level, is by US Rep. Joe Barton of Texas who continues his years-long efforts to legalize the game online. Barton’s Poker Freedom Act[C] was originally introduced in July 2013, and pretty much every year since, calling for the regulation of online poker at a federal level and not banning online casino games. While Barton says he will continue to monitor poker legislation in Texas, he also believes that without federal guidelines it would be difficult to regulate the game in the state. “I believe that ultimately there should be a national standard that accomplishes the goal of protecting the integrity of the game and the rights of those who play it,” he told the Star Telegram.
History of Gambling in Texas
Land Based Poker
The Texas Penal Code[D] section 47.2 stresses that it is illegal for a person to play and wager money or anything of value on any game where cards are used and this clearly refers to poker as well. Games where the house gets a percentage (including the costs of food or utilities) are illegal. The current laws governing land poker in Texas, however, allow for friendly poker games, where the pot goes to the players. Friendly poker games must be played in a private place, not within view of many people, and this is generally taken to mean a private home, although it is not defined in the law. The player may also not wager for money or anything of value.
There are a number of measures that continue to push for a change in poker laws in Texas, namely House Bill 292[E] and House Bill 2098[F].
HB 2098, also known as the Texas Social Gaming Act of 2013, was filed by Rep. Ryan Guillen (D-Rio Grande City) in February 2013 and seeks the legalization of social poker gaming, essentially allowing licensed gambling establishments to offer poker to ‘registered’ players. Profits would be collected through the sale of food and membership fees, but not by collecting a rake. This bill was not passed.
HB 292, or the Poker Gaming Act of 2013, introduced by Rep. Eddie Rodriguez in December 2012, calls for the provision of regulated poker gaming at licensed facilities such as bingo halls, licensed horse tracks and dog tracks and American Indian tribal lands. The act seeks to make live poker legal only, and not video poker or internet poker. The rules would be overseen by the Texas Lottery Commission, and an 18% tax from gross receipts would be paid by the facilities. This bill was also not passed.
Gambling Laws
Texan gambling law is governed by Section 47.01[G] where the meaning of a bet is defined as, “an agreement to win or lose something of value solely or partially by chance”.
The term ‘gambling’ is described in Section 47.02 as, “(a) A person commits an offense if he/she:
(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; or
(3) 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 makes it a misdemeanor to make illegal bets in the state, although gambling for pure social purposes in a private place or if you take part in regulated gambling activities are allowed.
In summary, wagering is mainly done at pari-mutuel racing tracks such as the Lone Star Park, or at the Lucky Eagle Casino run by the Kickapoo tribe which claims to operate the ‘only legal live poker room’ in Texas.
Senate Joint Resolution 6 introduced by Sen. Rodney Ellis (D-Houston) and which proposes, “a constitutional amendment providing immediate additional revenue for the state budget by creating the Texas Gaming Commission, authorizing and regulating the operation of casino games and slot machines by a limited number of licensed operators and certain Indian tribes, and authorizing a limited state video lottery system to be operated at horse and greyhound racetracks and on Indian tribal lands.”
In addition, State Senator John Carona (R-Dallas) has proposed Senate Joint Resolution 64 which proposes, “constitutional amendment providing immediate additional revenue for the state budget by creating the Texas Gaming Commission, and authorizing and regulating the operation of casino games and slot machines by a limited number of licensed operators and certain Indian tribes.”
At present, it is not legal to operate an establishment where bets are made or taken in Texas, which rules out casinos. The exception is the Native American casino which operates off tribal land, and which is the only establishment where live poker can be played outside of the home. There are no commercial casinos otherwise.
Wagering at racetracks is one of the only forms of legal gambling in the state, both at horse racing tracks and at dog races. At present, three dog tracks are allowed to operate in the state. Wagers placed need to be pari-mutuel and the legal betting age is 18. However, people of all ages are allowed to watch the races. Simultaneous broadcasts are legal at racetracks, allowing visitors to place bets on more races in a day.
In late 2015, the Texas Racing Commission declined to repeal a previous authorization of historical racing games. The move could mean that the entire horse racing industry in the state could shut down. The legislature, whose ruling was backed by a district judge, said the historical racing games are a backdoor expansion of gambling in the state. The game operates similar to a slot machine and uses past races for results. Players have no idea on the outcome of these races as fake names and locations are used. Texas may end up expanded gambling faster than some other states, but the heavy push back on stuff like this doesn’t help.
Since offshore gambling is allowed in Texas, one way for residents of the state to enjoy gambling is to take legal gambling cruises which set off from the Texas coast and offer gambling once the boat enters the Gulf of Mexico. Similarly, bus tours will carry residents across the state border line to gamble in casinos in Nevada, Mississippi and Oklahoma.
Texas Lottery[H] is operated by the Texas government and offers drawing games and scratch card tickets. Launched in 1992, the lottery directs all proceeds to public causes such as education and health. Since the lottery inception, it has earned over $22 billion to state coffers.
It is permissible to enter raffles or play bingo games which are conducted by qualified organizations in Texas, under the Charitable Raffle Enabling Act (CREA), Chapter 2002 of the Occupations Code[I].
Author:Joseph Falchetti (twitter)
(C) Copyright PokerWebsites.com, 2018
References and Citations
If you are looking for the best Texas online casinos for real money games, then you’ve come to the right place. With online gambling becoming increasingly popular, Texas residents are eager to find a trustworthy casino to play at.
We’ve compiled a list of the best real money online casinos and gambling sites for Texas, so you don’t have to waste time looking for a place to play casino games online. Below is our list of the top recommendations for Texas residents. These sites and apps are some of the most user friendly and safest online casinos that we have found for Texas.
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For more information about TX casino websites, you can refer to the rest of this page as your go-to guide.
What Makes These the Best Online Casinos in Texas?
We promise that we don’t just pick these sites at random. Actually, we spent hours testing and researching dozens of sites in order to find the ones that meet our high standards. Here are some of the criteria a site must meet to be considered one of the best Texas online casinos.
Safe and Secure Online Gambling Experience
These real money online casinos all make your safety a top priority. Sites should offer a full-time security team, an up-to-date SSL site encryption, a third-party company to hold them accountable, solid relationships with banking establishments, and a proven track record of keeping their players safe.
If a site fails to have the necessary tools in place to fully protect their players, then they will automatically be taken off our list of recommendations. We hold the safety and security of players in high regard. We want you to be able to have peace of mind knowing that both your funds and your personal information are protected.
Feedback from Texas Gamblers
One of the first things we did while searching for the best real money online casinos accepting Texas players was to check out those casinos’ user reviews.
After spending several hours scouring different review sites, we discovered there was predominantly positive feedback. Users seem to enjoy themselves while playing at these Texas gambling sites, and most importantly, they feel safe there.
Diversity of Available Casino Games
We dedicate a massive chunk of time to playing the online casino games offered at the Texas online gambling sites we visit. Not only are we checking the quality of the games we play, but we’re also looking to see how diverse their game selection is.
Do the best TX online casinos offer poker? Do they have a wide variety of slot games? Do they offer ample ways to win money? These are just a few of the questions we ask ourselves while analyzing the casino’s value at hand. The more types of games we see offered at a casino, the more confident we become that they’ll have something for every player that comes their way.
Banking Methods Offered
Obviously, your money matters. That’s why we pay close attention to what banking methods are available at the best online casinos in Texas.
We also check to see how long it takes for both deposits and withdrawals or any additional fees or limits enforced by the casino. We take all of this and more into consideration when determining which sites we’ll recommend.
Top-Notch Customer Service Team
Another thing we are looking for from the best online casinos accepting TX players is a high-quality customer service team. We ask various customer service reps several different questions to see how kind and knowledgeable their staff is.
We also note how their staff can be contacted, the amount of time it takes to get a response, and whether or not they can be reached 24/7. We only recommend sites that go above and beyond in these areas.
The Legality of Online Gambling in Texas
At this point, you are probably wondering about Texas online casino laws. Here is everything we know.
In 2006, when the United States passed the UIGEA (Unlawful Internet Gambling Enforcement Act), many sites closed their doors to American players. Through this legal document, the USA made it illegal to “knowingly accept payments in connection with the participation of another person in a bet or wager that involves the use of the Internet.”
As a result, Texas created its own laws on the subject. Texas Penal Code 47.02 states that a person is at fault when he or she knowingly “plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.” Since real money online gambling in Texas would fall under this description, it is technically illegal.
However, there are still plenty of opportunities to participate in Texas casino gambling online. While there aren’t any US online casinos that accept Texas players, there are casinos in Costa Rica and other parts of the world that will take Texas players with open arms.
What Are the Penalties for Gambling Online in Texas?
Again, according to Texas Penal Code 47.02, participating in Texas online gambling would be considered a Class C misdemeanor, and it could cost you up to $500 in fines.
If you have any concerns about the legality of online casinos in Texas, then we recommend you reach out to a legal professional who is more educated on the subject and who will be able to answer your questions about TX online gambling more thoroughly.
Real Money Casino Apps for Texas Residents
If you love playing at online casinos on the go, you should definitely consider checking out real money USA casino apps. We love playing our favorite casino games on our phones. It gives us the flexibility to enjoy them anywhere we go!
If we’re stuck in traffic, waiting in line at the DMV, or on break at work, you’ll probably find us playing poker or our favorite slot game right on a mobile device. Texas gambling apps online give us the flexibility to make mundane activities more exciting. Plus, they give us the chance to earn some extra cash!
Despite our enthusiasm for real money Texas gambling apps, we always feel obligated to mention something to our readers when we are on this topic. As with other online casino apps, Texas gambling apps may not offer the same number of games as their desktop counterpart. This is simply a result of compatibility issues.
Online Gambling Laws In Texas
Luckily, as technology advances, we run into this issue less and less. Expect to find most of the games you want to play offered on TX casino apps, but not all.
Online Sports Betting in Texas
Many TX gambling sites offer online sports betting. You’ll have the opportunity to place real money wagers on baseball, basketball, boxing, football, golf, hockey, and just about any other sport you can think of. Yes, even esports doesn’t get left out.
Types of bets you might find offered at TX sports gambling sites include:
- straight bets
- total line bets
- money line bets
- parlay bets
- teaser bets
- head-to-head bets
Why Should I Play at Texas Online Casinos With Sportsbooks?
Betting with money on your favorite teams can make watching your favorite sporting events even more exciting, as you’ll have the chance to earn some extra cash! Plus, most online casino sites with sports gambling allow you to place your first bet for free, so there’s no risk involved.
Land Based Casinos in Texas
Like many other states, US brick and mortar casinos are illegal in the state of Texas; the only exception to this rule are casinos built on Native American reservations. Casinos owned and operated by Native Americans don’t have to follow Texas casino laws, so they are 100% legal. There are only two brick and mortar casinos in Texas at this time.
Kickapoo Lucky Eagle Casino
- Website: www.luckyeagletexas.com
- Address: 794 Lucky Eagle Dr, Eagle Pass, TX 78852
- Phone #: (830) 773-2255
- Number of games: Over 3300
This is the oldest casino in Texas, as it opened its doors in 1996. While there are no table games offered here, they do have just about any slot game you can think of. Stay at any of their 249 high-quality rooms and indulge at any of their four gourmet restaurants for a wonderful experience.
Oklahoma Online Gambling Laws
Naskila Gaming
- Website: www.naskila.com
- Address: 540 State Park Rd 56, Livingston, TX 77351
- Phone #: (936) 563-2946
- Number of games: 793
Naskila is a newer casino, having only been around since 2016. They have a mix of slot games and video poker games to choose from. Members will enjoy a private lounge and three fine-dining restaurants. There are no hotel rooms connected to this casino at this time.
In addition to these casinos, Texas also has several racetracks and bingo halls growing in popularity. We’ll make sure to update this section as land-based gambling in Texas hopefully expands in the years to come.
TX Online Casinos FAQ
Texas State Laws On Online Gambling
How Can I Have A Safe Experience While Gambling Online in Texas For Money?
Since we have already researched where to play casino games online in Texas and have selected ones that offer a safe and secure environment, sticking with our list of recommendations is the most important thing you can do.
Here are other things you can do to ensure your safety at real money Texas online casinos:
- Use a unique password and change it regularly (every couple of months or so should be sufficient).
- Refrain from logging onto your Texas online casinos from a public computer.
- Choose high-quality antivirus software to put on your computer and update it as needed.
- Avoid gambling online with more funds than you can afford to lose.
How Can I Make A Deposit/ Withdrawal at Texas Online Casinos?
All real money online casinos have slightly different banking options. Most online casinos accept major debit/credit card companies like Discover, Mastercard, and Visa. eWallets like Neteller, Paypal, and Skrill are also commonly accepted. Some sites even allow you to use cryptocurrencies like Bitcoin and Litecoin. Which method you choose is entirely up to you!
You’ll have to enter your payment method and answer a few security questions to place your deposit or withdrawal. Depending on what banking option you choose, your request could take anywhere from a few minutes to a few days to process.
What Casino Games Are Available at the Best Texas Online Casinos?
When it comes to playing at real money Texas online gambling sites, there is a wide selection of games to choose from:
- Table games
- Keno and bingo
- Slot machines
- Sports betting
- Scratch-offs
Almost all real money Texas casinos online can be played on a mobile device. This wasn’t the case ten years ago, but it is the case today. Thanks to breakthroughs in technology, more and more online casinos are mobile compatible. While some casinos have a dedicated app, others can only be accessed through your device’s web browser.
At What Age Can I Play at Real Money Texas Casino Sites?
Most United States gambling apps and casinos won’t let you create an account on their site unless you’re 21 or older. They ask for your ID as part of the withdrawal process, so there’s no way to get around this rule, either. Waiting until you’re old enough can be frustrating, but it will be worth it.
What Should I Do If a Texas Online Casino Site Tries to Rip Me Off?
Unfortunately, there’s not much you can do here. Since online gambling is an unregulated market in America, there’s no one local to report these discrepancies too. That’s why we cannot stress enough how important it is to stick to our list of recommended casinos, as these casinos are safe and trustworthy.