Texas has been the hotbed of poker for years, and after all, the world’s most popular form of poker is called Texas Hold’em. But what about Texas and its law, is poker legal in texas? The game is believed to have originated in Robstown, Texas in the early 1900s and eventually spread throughout the state (1). Although this story does not have much historical documentation to support it, it is known that hold’em was first widely played by Texas road grinders in the early 60s and possibly the late 50s. It wasn’t until 1967 that the game was introduced in Las Vegas when the game became known as Texas Hold’em, and before that, it was simply called Hold’em. Although primarily played in Texas, it has also spread to neighbouring states.
The stories of gamblers like Doyle Brunson, Amarillo Slim and Johnny Moss became legendary as they travelled from town to town making a living playing poker. Many of the greatest poker players and first WSOP winners have come from Texas. All forms of gambling in Texas, except those specifically permitted, such as participation in the state lottery or betting on an approved racetrack, are generally considered to be against state law.
However, from the point of view of the law, it is not always as clear as it may seem. Certainly, the Texas Penal Code prohibits gambling in general. Betting money in card games is specifically mentioned as an offence (3). Anyone found guilty of gambling has committed a Class C misdemeanour, punishable by a fine of up to $500. There is no possibility of imprisonment for individual players or players. Some of the more serious gambling violations carry higher fines and prison terms.
Interestingly, it is a defence to a gambling charge if the following conditions listed in Texas Penal Code, Title 10, Section 47.02(b) are met:
“(B) A defence to prosecution under this section is that–
(1) the player participated in gambling in a private place;
(2) no one received any economic benefit other than personal gain; 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.’
We see that (1) allows betting in a separate location, which means that things like house poker would be excluded from the scope of this law.
In order not to be subject to this law, there is also the requirement in (2) above that no person derives any economic benefit from gambling other than their own personal gain. Arguably, the purpose of this is to allow people to gamble in a friendly manner with their friends while preventing individuals under the jurisdiction of Texas law from profiting from the conduct of the gambling business.
After all, the game must give each player an equal chance of winning and losing, except for the “advantage of skill or luck” as stated in (3) above. Most likely, this is an attempt to make the scam illegal, even if the other two defences to the gambling charge are met.
