Is Online Poker Legal In Texas
Poker in Texas seems like a no-brainer. After all, the most popular poker game in the world bears the name of the state. However, the unfortunate reality is that Texas is largely hostile to the idea and, at present, seems unlikely to join the ranks of states with legal online poker.
Fans of poker have two major roadblocks working against them when it comes to online poker in Texas.
The first problem is cultural — as part of the Bible Belt and the cultural South — Texas is home to many residents who have serious moral and ethical issues with gambling itself.
Things are changing fast for online poker. There are four states that have regulated games — Nevada, New Jersey, Delaware, and Pennsylvania – plus legal, sweepstakes poker games in other areas. While the boom of 10 years ago is over, online poker for real money in the US is on the rise again. This is a detailed guide to legal poker sites in the United States. US online poker laws seem to be changing monthly since government attorneys announced that the Wire Act cannot be used to prohibit states from allowing online poker. Online poker rooms and online gambling sites are clamoring for state licenses, and the US online gambling landscape is going through a.
Poker in Texas is also a problem because of outside influences beyond the borders of the state. Billions of dollars cross the Texas border each year to visit casinos in Oklahoma, Louisiana and New Mexico. Gambling interests in those states routinely lend their financial support to Texas politicians. It is hard to believe that they would support the expansion of competition in the state.
So, for now, those who want Texas online poker are stuck. Texans who want to play poker at home on an app must turn their attention to sweepstakes sites, like Global Poker, instead.
If you’re curious about the current status of online poker in Texas, this page should be your first stop.
Global Poker offers online poker in Texas
Is online poker legal in Texas?
No, it is not. There aren’t any legal online poker sites in Texas.
Furthermore, it does not appear that online poker is on the legislative agenda anytime soon. The last time that any meaningful bill showed up in the capital was in 2013, and the measure didn’t even make it out of committee.
As stated above, there are two considerable obstacles to any kind of gambling legalization in the Lone Star State. The prospects for online casinos and legal sports betting are likely in similar boats, although sports betting might have an outside chance.
To illustrate the fragility of the situation, consider that the state came within a hair of shutting down the existing horse racing industry in the state in 2015. Even though laws have been friendlier to racing more recently, it’s understandable that numerous powerful interests in the state are hostile to all types of gambling.
Will Texas regulate online poker?
So, you may be wondering if there’s any hope for legal online poker in Texas. Well, it’s not very likely, but there is a sliver here and there.
As mentioned earlier, some powerful stakeholders do not wish to see any kind of gambling expansion. Those stakeholders include both sitting lawmakers and significant voting blocs in Texas. However, there has been a recent trend in Texas to open private poker clubs that thread the needle on Texas’ gambling laws. These clubs have, so far, stood up to some legal scrutiny.
Whether the presence of these clubs might desensitize folks in the Lone Star State to the concept of legal poker is conjecture. But, if the clubs can successfully demonstrate that the morals of Texans won’t go flying out the window if poker comes in, there might be a push for online poker sometime down the road. However, don’t count on it anytime soon. For now, the best option for Texas-based poker players is a sweepstakes poker site. Most of these sweepstakes sites provide something sort of offer to test the site out, similar to a no deposit poker bonus.
What is a sweepstakes poker site?
The chances are that you’ve dealt with sweepstakes before. If you’ve ever been to McDonald’s during Monopoly time, you’ve seen sweepstakes games. If Ed McMahon’s caricature has ever adorned a brown envelope in your mail, you’ve encountered a sweepstakes in action.
What makes something a sweepstakes?
In a fundamental sense, we all understand that a sweepstakes is a prize giveaway of some kind. Considering how fanciful some of the prizes are at the biggest sweepstakes, it may seem like a scam to you.
However, for a sweepstakes to be a legal drawing, it absolutely must give away the prize that it offers. Even though you will probably never know someone who received a visit from the Publishers Clearing House, they have to visit somebody on the list to remain in the good graces of the law.
Furthermore, it must be possible to win the advertised prize without making any kind of purchase whatsoever for a sweepstakes to be a legal drawing. If a purchase is required, the giveaway is likely gambling at that point.
How sweepstakes works at Global Poker
With those requirements, it may seem hard to believe that a poker site in Texas could operate as a sweepstakes. However, Global Poker does exactly that and does so in most US states.
Global Poker is owned and operated by sweepstakes operator VGW Holdings. The site is able to remain classified as a sweepstakes due to its unique dual-currency system.
You have the opportunity to play online poker with either “gold coins” or “sweeps coins.” However, it is only possible to purchase gold coins and redeem sweeps coins.
Here’s how it works. You can choose to purchase gold coins at certain increments. You can use gold coins for the games on the site, but you cannot redeem them or covert them at any time. Gold coins hold no monetary value. At the time of purchase, and based on the amount of the purchase, Global Poker also awards its players with free sweeps coins. This currency, which you can use for games, is redeemable as real cash.
Because it is not possible to purchase sweeps coins directly, it fulfills part of the requirement that a sweepstakes be free to play. However, Global takes things one step further in this regard. In fact, you do not have to make any purchase whatsoever if you want to play for real money. Simply write Global Poker and use snail mail to request a small amount of sweeps coins.
Thus, purchasing gold coins and receiving an amount of sweeps coins in the process is a matter of convenience rather than necessity. Through this process, Global Poker remains a sweepstakes site, even though it functions like most online poker sites. Texans are more than welcome to play on Global Poker. At this time, there does not seem to be any move to make sweepstakes play illegal, even if Global’s business model pushes the definition a bit.
How come I can find plenty of online poker sites in Texas?
Now, if you’re adept at web searching, you’ve discovered that queries for Texas online poker sites return multiple options. The sites seem legitimate, and may even have brand names that you’ve heard before. So, you may be wondering why we didn’t mention these as options for players that want to play poker online in Texas.
The reason is that these sites are offshore and come with several potential consequences of playing on them. To put it another way, you may be gambling on more than just the outcome of the cards with one of these sites. The first thing to realize is that you have limited options for confirming the legitimacy of the sites themselves. Even though they may have slick presentations and design, they could easily be scam sites that are looking to rip off unsuspecting poker players.
There is also no way to tell if the regulatory agencies that oversee the sites are legitimate, effective, or fair in their mission. Again, even if they seem like the real deal, it’s hard to confirm from such a long distance.
It is also problematic that neither the sites nor the regulators are obligated to answer to the US legal system. If you had some kind of dispute with a site, you could find your options for seeking help to be limited.
On the flip side, as an inhabitant of Texas, you are subject to both state and US law. Although the law is a bit on the vague side, the last thing to do is place yourself in the crosshairs of an investigation simply because you wanted to drag a few pots.
Texas poker laws
Despite being the namesake of Texas hold’em, Texas is quite a hostile environment for most forms of gambling. The law itself is fairly comprehensive and establishes that, except for a few defenses to prosecution, gambling of any kind is illegal in the state.
Several specific activities are deemed illegal under Texas law. It is an offense against the statute if you bet on the result of a game, a participant in a contest, the result of a political contest, or, broadly, for “money or other thing of value at any game played with cards, dice, balls, or any other gambling device.”
The state has even been hostile to the idea of negotiating compacts with resident Native American tribes. There are three federally recognized groups within Texas, but only the Kickapoo Nation has successfully created an agreement for gambling and opened a legitimate casino property.
The other two, the Ysleta Del Sur Pueblo and the Alabama-Coushatta, have tried to open locations on tribal lands with only minimal success. At present, the Alabama-Coushatta operates the Naskila Gaming Center near Livingston. Still, an ongoing court battle appears not to be going in favor of the long-term survival of the facility. The Ysleta Del Sur Pueblo do offer bingo on tribal lands, but in a limited capacity only.
As mentioned earlier, Texas does permit games of chance to be played under specific conditions. They are:
- The players play in a private place.
- Nobody gains any money except for winnings.
- Unless skill or luck are involved, the risk of winning or losing is the same for everyone.
The recent proliferation of card rooms throughout the state is due to the clubs’ attempts to thread the needle and abide by these exceptions in the law. The clubs are quite specific in charging patrons for their time spent, as there cannot be a hint that the club is profiting off the game itself.
So far, the state attorney general has declined to issue an opinion on their legality. However, the vocal gambling opposition in the state has already begun screaming that these clubs are flouting the spirit of the law and are in outright violation of it.
At present, the only truly legal option for poker in the state of Texas is at the Lucky Eagle Casino in Eagle Pass. This casino, located on Kickapoo tribal lands, is the only location in the state where slot machines can operate with impunity, too.
Are home poker games legal in Texas?
Yes, the intent of the defenses against the prosecution listed above was to allow Texas residents to play games in their homes without fear of legal reprisal. So, there is nothing wrong with a few buddies gathering to play a cash game or tournament at someone’s house. However, the host of the game has to take care not to collect any funds from players to benefit themselves, as this action could be construed as promoting gambling. Even taking up a collection for pizza might be a problem.
In a sense, the card rooms that keep showing up in Texas are attempting to be classified as home games, even if they are nothing of the sort. There is some truth to the notion that they are skirting the boundaries and the intent of the law. Still, until a legal opinion disperses from the state attorney general, they will continue to follow the letter of the statute only.
Texas card rooms
So, there is only one fully legal poker room in the state. It is at the Kickapoo Lucky Eagle Casino, which resides on tribal lands for the Kickapoo Traditional Tribe of Texas in Eagle Pass.
Dozens of semi-legal card rooms have popped up in recent times. Because this situation remains fluid, we can’t give you any reliable information about the status of these facilities. While they are making a good faith effort to remain in compliance with the law, they are still on unstable ground. A simple opinion from the Texas attorney general could render them invalid in a heartbeat.
Texas poker timeline
Creating a timeline for poker in Texas is a somewhat laughable endeavor. There is so little motion for retail and online poker that the history of progress is mostly a chronicle of failure. Nevertheless, there are a few times in the last half-century that bear mention.
1988: Indian Gaming Regulatory Act
The Indian Gaming Regulatory Act (IGRA) was a landmark bill that opened the possibility for federally recognized Native American tribes across the country to open gaming locations. Texas is home to three tribes that qualify, but the bill only yielded them the right to negotiate with the state if the state was interested.
For many years afterward, none of the three tribes gained any ground with the folks in Austin. However, this law laid the groundwork for the bit of gambling that is present in the state.
2013: Grand opening of Kickapoo Lucky Eagle Casino
The lack of gambling facilities in Texas, tribal or otherwise, is certainly not due to a lack of desire on the part of the Native American interests. Indeed, there have been many attempts to open facilities on reservation lands, but these efforts have only ended in closures.
Notably, both the Alabama-Coushattas and the Ysleta Del Sur Pueblo Tiguas have suffered defeats and shutdowns of their casino locations. The Coushattas had a full-service casino go dark in 2002, and the Tiguas’ Speaking Rock Entertainment Center continues to limp along with a smattering of activities and is under constant legal threat from the state.
So, it was quite momentous when the Kickapoo Lucky Eagle Casino opened its doors in 2013. The casino, located in the southwestern portion of the state on the border with Mexico, offered the first chance for legal slot machines and poker in Texas history. It remains the only location with such an opportunity in the entire state.
2015: Poker clubs begin to open
The underground poker scene in Texas has flourished for hundreds of years. Poker legends, like Doyle Brunson and Sailor Roberts, cut their teeth as road gamblers in backrooms throughout the state.
However, these rooms always came with the dual-pronged threat of law enforcement raids and robberies. So, some poker-loving Texans began seeking a way to offer poker as a legal and aboveboard activity in 2015.
The first poker club in Texas appeared in Austin, and more soon followed. At the most recent count, there were more than two dozen clubs spread across the state, mostly in the larger cities of Texas. The clubs operate as private membership establishments and take care to avoid financial remuneration for the outcomes of the games. While they are not assured of their ultimate legality, they have managed to exist in the open for several years now.
What does the future hold for Texas online poker?
At this point, it’s hard to see a bright future for online poker in Texas. Considering how contentious things are with live poker and that there are no bills to legalize on the horizon, it’s a long shot that the situation will change anytime soon.
If any type of online gambling were imminent in Texas, sports betting seems to be more likely. The activity is spreading like wildfire across the country, and lawmakers have a tough time turning away from such a ready-made income stream.
Whether a successful launch of online sports betting would translate into other gambling expansions is also quite an intuitive leap. For right now, Texans who want to play poker online should stick to sweepstakes sites like Global Poker.
Since the options in Texas are so limited, few questions are necessary. The only online poker option of any size in the state is Global Poker, so the following frequently asked questions will mostly address concerns at the sweepstakes site.
ByOne of the greatest mysteries in the world of poker is the notion that Texas Hold’em – and any other kind of poker game – is illegal in the state of Texas. No matter the mainstream popularity of poker or the many reports showing the level of skill overrides luck in the game, Texas lawmakers have never legalized casinos or card rooms.
The state of Texas tends to be a conservative one, and the second largest state in America has been dominated by Republicans for several decades. A predominantly Republican legislature tends to lean toward old-fashioned and religious values that put poker in a gambling category as a vice and generally troublesome activity.
Poker players, however, are looking to change that. And if it has to be done through the normalization of social card clubs and court battles, so be it.
Gambling in Texas
Despite the stereotype of cowboys sitting around poker tables in the backrooms of seedy establishments playing cards, Texas has been one of the slowest states to adopt any pro-gambling laws. And even into 2017, there are only a few legal gambling-related activities.
The lottery began in 1992, but pari-mutuel wagering had been legal since 1987 when voters passed a referendum to legalize it. Simulcast wagering then took hold a few years later, and there are numerous horse and greyhound tracks across the state. And there is one – only one – casino in Texas, operated by the Kickapoo Traditional Tribe of Texas. The Kickapoo Lucky Eagle Casino was one of three tribal-run casinos in Texas at one time, but the other two were closed in 2002. The Kickapoos continue to run their casino, which opened in 1996 and offers bingo, poker, blackjack, pull-tabs, and now slot machines. It has somehow escaped the legal challenges that closed its two competitors.
A Long Fight for Poker
Efforts to legalize land-based card rooms in Texas gained momentum in the aftermath of Chris Moneymaker’s 2003 World Series of Poker Main Event win. The poker boom put the game on television, online, and in casinos around the globe. Some players ran private games, but the number of armed robberies and police raids grew fast enough to discourage some of those events.
But no matter the motivation to legalize the game in Texas, there was never sufficient support in the legislature to push a bill forward. Senator Rodney Ellis of Houston did put forth bills in 2012 and 2013 to legalize casinos with poker games, but he never found enough co-sponsors to help with the push or even enough momentum to garner a hearing.
Ironically, US Representative Joe Barton of Texas was one of the legislators to introduce legislation on the federal level to legalize online poker in America. He proposed the Internet Poker Freedom Act in 2015 after failed attempts in 2011 and 2013, but that failed as well.
A Different Tactic
Since offering a poker game for money and collecting rake is illegal in Texas, others are opening poker rooms as private clubs. One of the most recent ones is the Post Oak Poker Club in Houston, which just opened in August 2017.
Join me this Friday 6-8p at the Post Oak Poker Club! ♠️♥️♦️♣️ Every detail is here ~> https://t.co/ZfqY5AcCbLpic.twitter.com/TAo9zEKUUU
— TheresaRockFace (@TheresaRockFace) August 2, 2017
The business model is similar to a country club, only the business is poker. Membership is required, and the company’s website offers “no commission tournaments and rake free cash games, spreading Texas Hold’em, Omaha, Stud and more.” The club then makes its money from memberships and seat rental fees instead of charging rake, thereby skirting the law.
Owner Daniel Kebort says he has a longer-term vision for such clubs, as he wants them to be respected and eventually regulated by the state via a licensing structure that will allow them to grow in number. He hopes to make the establishments into entertainment destinations with liquor licenses and poker options, and with a growing clientele, the stakes of the games can vary even more in the future as well.
Look for me on tonight's segment covering the new Post Oak Poker Club on @KPRC2 ! pic.twitter.com/mpRtzZT7RN
— H-town Wiggy ?⚾⚽? (@HtownWiggy) August 10, 2017
However, clubs such as Post Oak are already seeing pushback from city council members who are afraid of criminal elements, late-night activities, and other potentially seedy activities. But with Post Oak being as transparent and open about his business and the legality of it as possible, there is little that politicians can do at this point.
Legal Poker Rooms Texas
Could these kinds of clubs open lawmakers’ eyes to the desire for card clubs or possibly casinos in Texas? That will depend on how many legislators pay attention or how many citizens gather signatures to put it on the ballot in an upcoming election.