Tex.
Penal Code Section 47.02
Gambling
(a)
A person commits an offense if he:(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.(b)
It is a defense to prosecution under this section that:(1)
the actor engaged in gambling in a private place;(2)
no person received any economic benefit other than personal winnings; and(3)
except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.(c)
It is a defense to prosecution under this section that the actor reasonably believed that the conduct:(1)
was permitted under Chapter 2001 (Bingo), Occupations Code;(2)
was permitted under Chapter 2002 (Charitable Raffles), Occupations Code;(3)
was permitted under Chapter 2004 (Professional Sports Team Charitable), Occupations Code;(4)
consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466 (State Lottery), Government Code);(5)
was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or(6)
consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.(d)
An offense under this section is a Class C misdemeanor.(e)
It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of “gambling device” under Section 47.01 (Definitions)(4)(B).
Source:
Section 47.02 — Gambling, https://statutes.capitol.texas.gov/Docs/PE/htm/PE.47.htm#47.02 (accessed Jun. 5, 2024).
