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Online Poker in Texas | Legality and Gambling Legislation

Written by Jennifer Newell
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Poker wouldn’t be poker without Texas. After all, without Texas, we’d all just be playing plain old hold’em. Likewise, without Texas, we wouldn’t have some of the game’s most enduring legends, such as Doyle Brunson, Amarillo Slim, and WSOP founder Benny Binion.

Currently, lawmakers in Texas have not established regulations for online poker. As a result, Texas poker enthusiasts looking for real money games must turn to offshore online cardrooms. Their other options include playing at local land-based poker clubs, which may or may not be considered legal by officials, or traveling to nearby casinos.

Many Texas online poker players are uncertain about the legality of their gaming activities. To address their concerns, we have provided comprehensive answers below. We start with an overview of Texas' gambling laws and then delve into the options available for Texans interested in real money poker. Read our guide on online poker in Texas for all the essential information you need about card gaming in the state.

Current Updates for TX – Laws,  Legislation & House Bills

For years, poker players have fought for legalized poker in Texas online poker rooms or brick-and-mortar establishments. In 2012-2013, Senator Rodney Ellis introduced casino bills that included the legalization of poker, but Ellis received no support from his fellow lawmakers.

Since then, Texan entrepreneurs have taken the initiative. Private poker clubs have popped up around Texas, primarily in large cities like Houston and Dallas. Players don’t pay a rake or tournament fees. Instead, they pay a membership or entrance fee like a country club. The clubs make money from membership fees, seat rental fees, and food and beverage sales.

Poker clubs operate in a grey area. Local law enforcement shut down some poker clubs, but some in other towns remain open and assert their rights legally. However, a court ruling might decide the law, as the legislature won’t legalize Texas poker anytime soon.

Top Sites for Online Poker in Texas

No Operators Found

Texas Gambling & Poker Laws Summarized

Type/CodeSummary
State Code Section(s)PEN.10.47; CIV.6
Definition of GamblingA person commits an offense if he 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.
Definition of Gambling DeviceAny electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof.
Online Poker/GamblingThere have been no proposals in the state legislature that would legalize online poker or internet gaming of any kind.
Live PokerThe live poker offered at cardrooms in major cities in Texas advertise as membership club. No rake is taken from the poker games, though there are fees to enter or belong to the clubs. So far, there have been no court decisions that have closed these poker rooms.
CasinosRecent efforts by lobbying firms for companies like Las Vegas Sands have been pushing for legal casinos in a few areas of Texas, but the legislature has yet to take up a serious proposal with any chance of passage.
Sports BettingThere have been efforts in the past several years to legalize sports betting in Texas, but details have complicated proposals and brought down efforts. Many lawmakers vow to continue introducing bills.
DFSA proposal to legalize daily fantasy sports was proposed in 2017, but died in committee.
Other Forms of GamblingHorse and greyhound racing, on-track pari-mutuel betting, lottery, social gambling, bingo and charitable gambling, contests of skill.

AG Ken Paxton Dithers on Live Poker Rooms

The most recent news out of Texas is that Attorney General Ken Paxton will not be issuing any decision regarding the live poker rooms. State Representative Geanie Morrison formally asked Paxton if poker rooms that charge membership fees but don’t charge rake are permitted under the current law. Paxton officially refused to answer. His office spokesperson stated that the courts are handling the legal matter, expecting resolution.

Poker clubs around Texas continued to operate as usual until May 1, 2019.

The Harris County District Attorney’s Office and Houston Police Department coordinated to raid Houston’s two largest poker clubs on May 1. Nine owners and managers from the Post Oak Poker Club and Prime Social Poker Club were arrested and charged with money laundering to engage in organized crime. In addition, the two clubs’ bank accounts were frozen, and all funds were seized. District Attorney Kim Ogg said, “Poker rooms are illegal in the state of Texas.”

Interestingly, all charges were dropped in July, and all the money was returned. The DA’s office commented that the dismissal of the charges was the result of “multiple potential conflicts of interest” within her office. It seems that a contract employee of her office also worked for a law firm that tried to extort money from the two poker clubs while investigating them. Said law firm – Jones Walker – then became the target of a lawsuit by Prime Social in early September.

Latest Texas Sports Betting Bills

Texas Rep. Eduardo Lucio introduced Texas House Bill 1275 and Texas House Joint Resolution 61 to the House in February 2019. HR 1275 would regulate land-based sports betting and impose a 6.25% tax. HRJ 61 would let Texans vote on a constitutional amendment to legalize sportsbooks through a statewide vote.

In January 2016, Texas Attorney General Ken Paxton announced that daily fantasy sports gaming was illegal in Texas. As a result, FanDuel announced it would no longer offer games to Texans after May 1, 2016. DraftKings filed suit in a Texas court, asking the court to rule DFS legal. The court case remains unresolved at present.

8-Liners in Texas Towns

One other oddity exists in the Texas landscape. Under Texas State law, the 8-Liners or “maquinitas “gaming machines are legal if local municipalities approve them. And the owner does not pay winnings in cash. Instead, they reimburse winners in store credit, gas, or groceries. Yet, despite that limitation, 8-liners generate $5.4 billion in revenues each year.

8-Liners create a problem for local law enforcement. Business owners often pay cash for winnings, which is illegal. Just in the past three years alone, Texas law enforcement has raided 8-liner operations for unlawful cash payments in the following cities: San Antonio, Poth, Athens, Cap City, Eustace, Seven Points, Tool, Gun Barrel City, San Benito, Rio Grande City, La Joya, Cameron County in the Rio Grande Valley, and McAllen.

Texas Online Poker Sites – Where to Play Online Legally?

Most Texas poker players drive to Oklahoma or Louisiana to gamble. Several of the world’s largest casinos (by gaming space) are located an hour north of Dallas: Winstar Casino in Thackerville and Choctaw Casino in Durant, Oklahoma. Bossier City and Shreveport, Louisiana casinos also get most of their business from Dallas-Fort Worth.

Texans who want to know the closest card room should read our real money online poker rooms list.

Is Online Poker Legal in Texas?

As a rule of thumb, a poker site that accepts American players will also accept poker players from Texas. Therefore, it’s NOT illegal to play online poker in Texas. In fact, unlike Washington, Texas poker players can legally play on offshore poker sites. Read our Bovada poker review to see how you can start playing at this fantastic poker room. The only illegal activity is owning or operating a poker room.

The rooms listed are Texas-friendly but not the only options for Texans to play real-money poker games. Read through our list of online poker — Texas exists in a gray area, but Texans can play at most US-friendly sites.

Poker players are naturally curious about whether or not playing poker for real money online is legal under Texas law. Offering legal advice is not a function of this website (nor anyone beyond legal professionals), but we can help you sort through the fundamentals of poker laws in Texas.

What counts as gambling in Texas?

The definition of “bet” (Section 47.01(1)) is short and sweet – it’s when you enter into an understanding “to win or lose something of value” in an activity that involves chance. Specifically, the winning or losing must occur “solely or partially by chance.” The definition includes the phrase “partially by chance,” so a bet is anything with any element of chance —the definition of “gambling device” (Section 47.01(4) clarifies the law further.

Making illegal bets is a misdemeanor in Texas (Section 47.02). Those who break the law could face a half-dozen separate charges. Gambling promotion (Section 47.03) is a misdemeanor and covers operating, promoting, processing bets, and selling lottery chances. Possession of Gambling Device, Equipment, or Paraphernalia (Section 47.06) is also a misdemeanor.

Will Texas Regulate Online Poker?

It’s unlikely Texas will regulate online poker. Texas proponents of land-based casino gambling faced a long fight in the past. Texas online poker is even further away from approval.

Sweepstakes Poker as an Alternative

Real money online poker is not legal in Texas, but Texans have an alternative option to satisfy their poker itch. Sweepstakes poker is legal in Texas and allows players to win cash prizes without being classified as real money poker.

One of the best examples of a sweepstakes online poker site is Global Poker. On this site, players can buy a virtual currency called Gold Coins, which they can then use to play poker. When you buy these Gold Coins, you’re given an additional currency called Sweeps Coins. The difference lies in Sweeps Coins being exchangeable for gift cards and cash prizes.

The two ecosystems are separate from one another, which means you can use both Gold Coins and Sweeps Coins to play poker. You can choose from a range of different game options, such as tournaments, “cash” games, sit & gos, and many more. However, if you want to be able to cash out your winnings at the end of the night, you need to play with your Sweeps Coins.

Texas Gambling Facts-Online Poker & More

Texas regulates lottery betting and pari-mutuel bets on racing and charitable gambling (raffles and games of bingo).

Tribal gambling is complicated. Naskila Gaming at Livingston, owned by the Alabama-Coushatta Tribe, Kickapoo Lucky Eagle Casino at Eagle Pass, and Speaking Rock Entertainment by the Tigua Tribe of the Ysleta del Sur Pueblo each operate casino gaming. All three tribes are embroiled in multi-year legal battles with the state of Texas.

If the house makes no profit, purely social gambling in a private place or regulated gambling activity is legal.

Famous Poker Players from Texas

Texas is known as the birthplace of poker, so it’s to be expected that they’ve birthed a long list of great poker names. The most notable name to come out of Texas is Doyle “Texas Dolly” Brunson, the godfather of poker. He helped turn poker into what it is today with his revolutionary book Super System. He retired in 2018 but still played the odd game up until he passed on May 14th, 2023. Doyle has lifetime tournament earnings of over $6.1 million, making him the sixth most-winning Texan in tournaments, and we’re sure there are plenty more millions won in live cash games.

As well as being the hometown of veritable legends of the game, Texas has also produced some of the biggest stars of the internet generation. Notable PLO wizard Ben Tollerene hails from the state of Texas, and he is known for his legendary online cash game skills. He’s also been crushing the tournament scene with over $11 million in winnings, making him the most-winning Texan on Hendon Mob’s database. WSOP Main Event final tablist David Benefield is also from the lone star state and is still a formidable opponent across the felt.

While many great names have come from the state of Texas, many more have chosen Texas as their new home. Both old-school and new-school players alike have made the move to the jumbo state and now call Texas home. Sam Farha, one of the early legends of the game, put down roots in Texas when he came to America and has gone on to have tremendous success in poker, winning 3 WSOP bracelets and finishing 2nd in the 2003 WSOP Main Event. Online heads-up crusher Doug Polk has also made the move to Texas and has even opened up a car room with fellow professionals Brad Owen and Andrew Neeme.

As of 2024, these are the top 10 players by tournament winnings who now play from the state of Texas, according to the Hendon Mob database.

1. Benjamin Tollerene $ 11,033,273
2. Thomas John Cloutier $ 10,453,747
3. Doug Polk $ 9,596,009
4. David Williams $ 9,141,120
5. Keith Tilston $ 7,049,533
6. Doyle Brunson $ 6,176,736
7. William Perkins $ 5,449,472
8. Ray Qartomy $ 5,197,919
9. Michael Dyer $ 4,815,712
10. David Benefield $ 4,501,376

Texas’ Forms of Regulated Internet Gambling

This is a much shorter list, as the state of Texas does not regulate any form of online gambling activity. As noted in our earlier section discussing the likelihood that Texas will hold online poker, there’s almost certainly quite a bit of daylight between now and when Texas is issuing licenses to online gambling operators.

Additional Research on Texas Gambling

Texas Tribune: Gaming/Gambling. Dedicated section from the Texas Tribune covering all in-state gaming and gambling issues. Includes news and interviews with major industry players.

Senator Rodney Ellis . Internet home of Sen. Rodney Ellis (D-Houston), the driving force behind a proposal that would allow voters to decide whether or not to bring casinos to Texas.

Texas Lottery . Official website for the state lottery of Texas contains winning numbers along with a wealth of historical and statistical data about the lottery.

Texas’ and the History of Poker

It’s hard for a state to be any more integral to the game of poker than Texas. After all, the state name is right smack at the start of what is by far the most popular format of modern poker: Texas Hold ’em. The “Godfather” of poker, Doyle Brunson, is still better known to some poker fans as Texas Dolly. The subject of one of the most epic poker matches (and stories) in history – Andy Beal – is (you guessed it) a card-carrying Texan. We could go on.

Poker is now, by and large, an underground activity in Texas, so the state doesn’t get the same spotlight as your Las Vegas or your Atlantic City. But we can guarantee that if the same laws existed in Texas as Nevada, you might quickly see the center of the American poker universe gravitate closer to the Lone Star State.

All Poker and Gambling Laws by State

Texas in the News

Jennifer Newell

Jennifer Newell

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Jennifer Newell is a freelance writer at LegalUsPokerSites. She has two decades of experience in the iGaming industry. She is a respected poker media member, contributing to publications and websites like USA Today, PokerStars, and PokerScout. Her knowledge spans gambling legislation and the broader online gaming world. She has spent years advocating for diversity, most notably gender equity in the traditionally male-dominated poker sphere.

Sources & Citations For This Article on Texas Online Poker

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