Anyone familiar with Texas gambling laws?

[Professor75]

I've read them and understand them for the most part. I was just wondering if anyone has any experience with them or has studied them in depth or read cases. For example, as casinos players generally tip the dealer, this is not a requirement nor is anyone told to do so, if I have a dealer, is he able to accept tips from people even if we don't tell people to tip him?

I have many other questions if anyone has knowledge on the matter I would greatly appreciate it.

[RussB42]

The only thing I'm fairly sure of is that, Home Games are ok, as long as there is nothing going to the House (Rake, payment for Food/Drink ect). All players in the Game Must have an equal opportunity to play and win.

Like the home games with friends used to be, before all the Crap about what is /isn't legal.

[TXGoodfella]

I remember reading something that stated that private home games were allowed, as long as the house did not receive any form of cut from the action. The house was not allowed to charge for any services rendered, and everyone had to gamble with their own money, at their own will. I read this somewhere here at CT on state gambling laws. If u are talking about gambling at texas' only poker room, the Kickapoo Indian Casino, there is no rake and tipping the dealers is not mandatory but it is the typical etiquette there.

[pltrgyst]

Have you checked Gambling Law US - State Gambling Laws United States ?

[dennis63]

I think Professor75's question is a little deeper than "legal / illegal," but here's the link to my article and state-by-state list:

http://www.chiptalk.net/forum/genera...game-laws.html

I listed Texas as permitted, because their state law clearly makes it a defense to any gambling prosecution that the game was a "private, social game."

[Professor75]

Originally Posted by dennis63

I think Professor75's question is a little deeper than "legal / illegal," but here's the link to my article and state-by-state list:

http://www.chiptalk.net/forum/genera...game-laws.html

I listed Texas as permitted, because their state law clearly makes it a defense to any gambling prosecution that the game was a "private, social game."

A lot of the info in that helped me out, specifically the following:

-There can be no admission charged, no seat fee, and no rake, and no one can receive any money or anything of value for conducting the game except their own winnings as a player.
-No professional gamblers or strangers are allowed, and the game can't be advertised to the public. Some states require that the players have a "bona fide social relationship --" that they know one another outside the game.


Now I just need to confirm how all this stuff is regarding my state specifically (TX).

[DrStrange]

Texas law isn't a model of clarity there are areas that give local law enforement wide latitude - at least in theory. The issue that gives us pause in the games I play are shared expenses (paying for delivery pizza, renting a private room or paying for the maid to clean up after us) or tips to the house to cover the cost of hosting.

In practice I do not know of any case in Texas where a true home game ran into legal trouble without there being a special issue in play. (eg Sheriff in Santa Fe Texas raids a game where his opponet in upcoming election is playing.)

Once you start talking about rakes, tipping the dealer/promoter and other such items you might have crossed the line. TABC (Texas liquor police) has threatened several local bars (Hays County) with the loss of their permit if they didn't stop running poker promotions with features that looked like organized gambling, though they are still able to hold free poker night if the game is lily white.

Houston has seen its share of busts for illegal games, but Austin has long standing games that don't seem to attact the police. (Shrug)

We got a written ruling from the AG about holding a charity poker event that said the players couldn't even get a "you won" certificate if the game were to be legal. But I see all sorts of well publicised charity events that are plainly unlawful that never have problems, even have local law enforcement playing.

Summary:
- True home games are likely permitted under law but there is enough grey area to allow the cops to harrass you if they wanted.
- Games at a business serving liquor are subject to especially tight regulations targeting the bar's permit to operate regardless of the letter of the law.
- Illegal games are likely to be allowed to operate if they aren't causing a problem but they remain unlawful and subject to procecution anytime at the whim of the state and/or local law enforcement.
- The question isn't 'can my dealer take tips?' the question should be 'how much risk do I take if my dealer gets tips?' If you operate a place with a liquor licence, the key question is 'will TABC yank my permit without giving me a warning first?' (I'd guess you will get a warning but maybe not if there are other infractions.)

Disclaimer - I am not a lawyer. Aside from the AG's ruling, I did not pay for written opinions. I have gotten legal advice several times over the last 25 years and feel its safe to run a home game in Texas (and not too risky to run an underground room.)

DrStrange

[Professor75]

Thank you very much DrStrange for that post.

What I don't get with bars openly advertising free rolls is that under that Texas Statute regarding gambling, it must be held in a "private" place. Obviously a bar or restaurant isn't private but I see them held there all the time, even with (like you said) law enforcement playing).

§ 47.04. Keeping a Gambling Place
(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.

[DrStrange]

The AG's ruling said that freerolls were legal so long as the host gets nothing or if the host gets something, the players can get nothing for winnng (but door prizes are ok). In a bar freeroll the question would be, could a player come in and play without buying anything. If so, I expect the game is legal.

There is no substitue for legal advice if it is your bar.

DrStrange

[skquinn]

Originally Posted by DrStrange

Texas law isn't a model of clarity there are areas that give local law enforement wide latitude - at least in theory. The issue that gives us pause in the games I play are shared expenses (paying for delivery pizza, renting a private room or paying for the maid to clean up after us) or tips to the house to cover the cost of hosting.

Did you ever find out either way on any of these?

Based on everything I have read, I'm under the impression voluntary tips to the house and sharing expenses equally shouldn't be an issue. Then again, I tend to read the law a bit optimistically at times. I've never wanted to rent a private room for a poker game, but it would be nice to know either way if that does or does not run afoul of the law somehow.