If the only thing you know about the legality of gambling in Texas comes from movies or from the fact that one form of poker is known as Texas Hold ‘Em, you probably have some misconceptions about Texas gambling laws. Just for starters, you can play Texas Hold ‘Em all you want in Texas, just don’t get caught playing for money. That is against the law in Texas under most circumstances, as is most other gambling. However, Texas law on the subject is complicated, and “all gambling is illegal in Texas” does not actually mean “all gambling is illegal in Texas.” Still, if you find yourself charged with a gambling offense in the Houston area, you should contact the Madrid Law Firm to ensure that your rights are properly protected.
What Most People Consider Gambling is Illegal in Texas
Texas law makes it a crime to agree to win or lose something of value, such as money, based on an outcome that is determined partly or completely by chance. That includes almost anything that people would consider gambling, including card games, dice games, roulette and other table games or any other game you would be likely to find taking place in a casino. Of course, Texas also outlaws casinos, operating a sports book or any other operation that takes bets on the outcomes of events, promoting gambling, or “communicating information” regarding gambling. The ban also encompasses slot machines, lotteries not operated by the state, scratch-off “instant win” tickets, and the like. That seems to make it pretty clear that gambling in Texas is a crime. The truth is a little murkier.
First, there are a number of legal defenses to a gambling charge. In addition, Texas gambling law is full of exceptions. For instance, Native American lands are not subject to Texas state law, meaning tribes can operate casinos. Two tribes do so, operating the Kickapoo Lucky Eagle Casino in Eagle Pass and Naskila Gaming in Livingston, north of Houston. Casino boats also are legal so long as they sail past the state territorial waters limit in the Gulf of Mexico before they allow gambling to begin. One such boat casino operates out of Galveston. Further, so-called “social gambling,” such as charity auctions, bingo games, private card games, and office sports pools are exempt from state gambling laws. The state also allows state-licensed horse-racing and dog-racing, with parimutuel betting permitted on-site only. There is no off-track betting in Texas.
Most gambling charges in Texas – particularly first-offense charges – are misdemeanors ranging from Class C to Class A misdemeanors. Class C misdemeanors are punishable by a fine of up to $500, but Class A misdemeanors can carry penalties of up to a $4,000 fine and a year in jail. A business owner convicted of allowing gambling on the business property could lose their business license.
If You are Facing Gambling Charges in Houston, Madrid Law Firm Can Help
If you have been charged with a gambling offense in the Houston area, you need to understand what your rights and defenses are, meaning you need a good criminal defense attorney. The penalties for a conviction on gambling charges can get steep, so you want your best possible defense. The costs of a criminal conviction can be significant. You should talk to the Madrid Law Firm. We will defend your rights.
