Tex. Penal Code Section 47.04
Keeping a Gambling Place

Mentioned in

Daily Fantasy Sports and the 'Fuzzy Animal' Debate in Texas

UNLV Law Journal, January 1, 2020

“Texas Penal Code §47.01(4) is the so-called ‘fuzzy animal’ exception, which is ambiguous and is both loved and hated. It is, at best, a badly written statute.”
 
Bibliographic info

(a)

A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.

(b)

It is an affirmative defense to prosecution under this section that:

(1)

the gambling occurred 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)

An offense under this section is a Class A misdemeanor.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff. Aug. 29, 1977. Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. Sept. 1, 1989. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Source: Section 47.04 — Keeping a Gambling Place, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­47.­htm#47.­04 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 47.04’s source at texas​.gov