Game rooms are generally legal in Texas as long as they do not have “illegal gambling devices” as defined in Section 47.01(4) of the Texas Penal Code.

It is also a defense if the person played for something other than money using a “contrivance” excluded from the definition of a gambling device. It is a defense to prosecution of the misdemeanor that the gambler was in a private place, that no person received any economic benefit other than personal winnings, and except for the advantage of skill or luck, the chances of winning or losing were equal for all participants. The fact that Brazoria County can regulate game rooms does not preempt a home rule city there from regulating game rooms.Īrticle III, Section 47(a) of the Texas Constitution requires the legislature to prohibit “lotteries and gift enterprises.” Section 47.02(a) of the Texas Penal Code makes it a Class C misdemeanor (fine only) for any person to make a bet on the outcome of a game or contest, make a bet on the result of any political nomination, appointment, or election, or to play and bet for anything of value on “any game played with cards, dice, balls, or any other gambling device.” Only certain counties are authorized to regulate game rooms Brazoria County is one of those counties. Most Texas game rooms with eight-liners operate under this so-called “fuzzy animal” exception. Specifically, so-called “eight-liner” machines are illegal gambling devices, unless the prizes awarded are non-cash items that are worth no more than 10 times the cost of one play, or $5.00, whichever is less. Game rooms are generally authorized so long as they do not have illegal gambling devices. Gambling is generally prohibited in Texas but there are many exceptions to the general rule.

Texas law gambling