Gambling and gaming, including casinos, racetracks, and lotteries, are regulated under a combination of federal and state laws. States that allow such gambling normally have a gaming commission established to oversee the regulation of the industry, such as licensing of those employed in the gaming industry. One big exception in Texas gambling laws is social gambling. This normally includes bingo games, auctions for charity, and private card games. If the 'house' takes a cut of the proceeds, they may be in violation of the gambling laws. 849.01 Keeping gambling houses, etc. — Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control.
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Texas is one of the strictest states when it comes to gambling and its laws can cover a wide variety of activities. Under Texas law, (Penal Code §47.02) gambling is considered a criminal offense if someone:
- The Social and Charitable Gambling Unit administers Iowa Code Chapter 99B, which regulates games of skill or chance, raffles, bingo, social gambling and amusement devices. Qualified organizations may obtain a social or charitable gambling license to conduct fund-raising activities benefiting educational, civic, public, charitable, patriotic,.
- If the offender previously has been convicted of a gambling offense, operating a gambling house is a felony of the fifth degree. (C) Premises used or occupied in violation of this section constitute a nuisance subject to abatement pursuant to sections 3767.01 to 3767.99 of the Revised Code.
- 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.
The law does provide for some exceptions such as participating in the state lotteryor placing bets on horse and greyhound dog races (sometimes referred to as pari-mutuel wagering). The law also provides for some affirmative defenses to prosecution: Litto slot inox machine.
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- the actor engaged in gambling in a private place;
- no person received any economic benefit other than personal winnings; and
- except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants
Additional exceptions include if the person reasonably believed their conduct:
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- was permitted under Chapter 2001, Occupations Code; (Charitable Bingo)
- was permitted under Chapter 2002, Occupations Code; (Charitable Raffles)
- was permitted under Chapter 2004, Occupations Code; (Sports Charity Raffles)
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The first page of this guide will provide you with an overview of the Texas laws on gambling while the subsequent pages will discuss more specific topics like bingo, eight-liners and poker.
