Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Under Texas law, (Penal Code §47.02) gambling is considered a criminal offense if someone:
The Texas Attorney General's consumer protection division publishes articles that help to explain the Texas laws in “plain English.” Below are links related to raffles, lotteries, and sweepstakes. Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both State of Texas and United States, law of ship's flag state and international law determine Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of Mexico Arrests on.
Offense of gambling under section 47.02 and the offense of gambling promotion under section 47.03, charitable squares game as described does not implicate the: GA-0804: Out-of-state gambling, person in Texas may not participate in: LO90-088. Yesterday, Texas Attorney General Ken Paxton issued an opinion stating that participating in daily fantasy football websites is illegal gambling in Texas. The opinion specifically states that participating in daily fantasy sports leagues is illegal gambling under section 47.02 of the Texas Penal Code.
- 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
- 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
- plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
State Of Texas Attorney General
The law does provide for some exceptions such as participating in the state lotteryor placing bets on horse and greyhound dog races (sometimes referred to as pari-mutuel wagering). The law also provides for some affirmative defenses to prosecution:
- the actor engaged in gambling in a private place;
- no person received 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 were the same for all participants
Additional exceptions include if the person reasonably believed their conduct:
- was permitted under Chapter 2001, Occupations Code; (Charitable Bingo)
- was permitted under Chapter 2002, Occupations Code; (Charitable Raffles)
- was permitted under Chapter 2004, Occupations Code; (Sports Charity Raffles)
The first page of this guide will provide you with an overview of the Texas laws on gambling while the subsequent pages will discuss more specific topics like bingo, eight-liners and poker.
The following forms are used for more than one game type:
- Application for Gaming Funds (SFN 9801)
- Used by potential recipients of net proceeds, to request trust fund disbursements from a gaming organization.
- Cash Reserve Bank – Daily Report (SFN 50151)
- used by an organization that maintains a central or cash reserve bank for replenishing or lending cash to game banks.
- Cumulative Ideal Cash Bank Record (SFN 52533)
- This form is used to maintain a record of all organization cash banks at all sites. It is used in conjunction with the Ideal Cash Bank Mater Record. It provides a cumulative total of the ideal value of all cash banks of the organization.
- Deposit Summary (SFN 50277)
- Use to record the information required by NDAC § 99-01.3-03-10(3) when a single deposit is for more than one game or game type or more than one day’s activity.
- Employee Signature and Initials Register (SFN 50900)
- An organization is required to maintain a register of all individuals who initial or sign a record or report, including independent contractors who provide auditing, accounting, and bookkeeping services.
- I.O.U. (SFN 9880)
- Records lending funds to one game from another, or from a cash reserve bank. This form accounts for all loans and payback of funds for all games at a site for one quarter.
- Ideal Cash Bank Master Record (SFN 52534)
- This form is used to maintain a master record of the ideal cash bank amounts at a site for each game type. It is used to account for any permanent increases or decreases to the cash bank.
- Master Game Inventory Log (SFN 9935)
- Use to accounts for all games requiring a North Dakota gaming stamp purchased by an organization.
- Master Inventory Log – Ticket Rolls (SFN 9861)
- This form is used to account for ticket rolls purchased by the organization for double admission raffle activity and/ or when the ticket receipting method is used to account for bingo activity
- Order Form (SFN 19963)
- Used to order recordkeeping booklets and other items from the Gaming division.
- Prize Register (SFN 9932)
- This form is used to record all prizes awarded.
- Reconciliation of Ideal Cash Banks (SFN 52532)
- This form is used to reconcile the gaming cash banks at a site on an annual basis.
- Reconciliation of Inventories (SFN 17937)
- This form is used by a person who has not had access to the inventory, for the annual reconciling of games requiring a North Dakota gaming stamp, bingo cards, casino chips, and rolls of tickets to a physical count of these items back to the information on the inventory logs.
- Record of Win (SFN 9939)
- Used whenever a single cash prize or retail value of a merchandise prize of greater than $500 is paid to a player.
- Site Game Inventory Log (SFN 9934)
- Use to account for all games requiring a North Dakota gaming stamp at a site.
- Site Inventory Log – Ticket Rolls (SFN 9859)
- This form is used to account for ticket rolls at a site to account for raffle activity and/or when the ticket receipting method is used to account for bingo activity.
Surveillance (Paddlewheel, Twenty-One)
Texas Attorney General Gambling Winnings
- Evaluation of Video Surveillance Recording (SFN 19857)
- This form is used to evaluate a sample video recording submitted by an organization or by a vendor on behalf of an organization for approval of satisfactory video surveillance for a twenty-one table, paddlewheel, and paddlewheel table. If an organization purchased its own equipment or procured equipment from an organization previously conducting at the site, the vendor may be identified as “Internal”. A new site is defined as a site newly acquired by an organization, or a current site that has reached the level of twenty-one activity requiring video surveillance.
- Gaming organizations must install video surveillance at sites with twenty-one gross proceeds averaging more than $10,000 or more per quarter for two entire consecutive quarters and wagers exceeding $2.
- This form is used to evaluate a sample video recording submitted by an organization or by a vendor on behalf of an organization for approval of satisfactory video surveillance for a twenty-one table, paddlewheel, and paddlewheel table. If an organization purchased its own equipment or procured equipment from an organization previously conducting at the site, the vendor may be identified as “Internal”. A new site is defined as a site newly acquired by an organization, or a current site that has reached the level of twenty-one activity requiring video surveillance.