Penal Code Section 47.02 outlaws gambling in the state of Texas with very limited exceptions. Operating establishments that qualify as gambling places or possessing gambling devices is also illegal. Under Texas Penal Code sections 47.01 through 47.06, the state also criminalizes gambling by disallowing any bookmaker to record or forward more than five bets in 24 hours. It is a defense to prosecution if no person received any economic benefit other than personal winnings. It specifically excludes an offer or a prize or award to the actual contestants in a bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in a contest. These definitions become important in both Texas and federal courts because federal law largely bases its rules upon state standards for gambling activity.Ī bet is an agreement to win or lose something of value solely or partially by chance.

The definitions under Texas Penal Code 47.01 describe gambling in Texas:Ĥ7.01(2)(B) defines bookmaking as acts where a person (or entity) receives and records or forwards offers to bet totaling more than $1,000 in a period of 24 hours.Ĥ7.01(2)(C) defines bookmaking as a scheme by three or more persons to receive, record, or forward a bet or an offer to bet.Ĥ7.01(3) defines a gambling place as “any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.

The State of Texas defines the term “bet” as “an agreement to win or lose something of value solely or partially by chance.” In Texas, a person commits the offense of gambling if the person 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.

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