Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 47. GAMBLING
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Tex. Penal Code § 47.01 (2026)

Definitions

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Sec. 47.01. DEFINITIONS. In this chapter:

(1) "Bet" means an agreement to win or lose something of value solely or partially by chance. A bet does not include:

(A) contracts of indemnity or guaranty, or life, health, property, or accident insurance;

(B) an offer of a prize, award, or compensation to the actual contestants in a bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in a contest; or

(C) an offer of merchandise, with a value not greater than $25, made by the proprietor of a bona fide carnival contest conducted at a carnival sponsored by a nonprofit religious, fraternal, school, law enforcement, youth, agricultural, or civic group, including any nonprofit agricultural or civic group incorporated by the state before 1955, if the person to receive the merchandise from the proprietor is the person who performs the carnival contest.

(2) "Bookmaking" means:

(A) to receive and record or to forward more than five bets or offers to bet in a period of 24 hours;

(B) to receive and record or to forward bets or offers to bet totaling more than $1,000 in a period of 24 hours; or

(C) a scheme by three or more persons to receive, record, or forward a bet or an offer to bet.

(3) "Gambling place" means any real estate, building, room, tent, vehicle, boat, or other property whatsoever, one of the uses of which is the making or settling of bets, bookmaking, or the conducting of a lottery or the playing of gambling devices.

(4) "Gambling device" means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) 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:

(A) 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, that operate by chance or partially so, that as a result of the play or operation of the game award credits or free games, and that record the number of free games or credits so awarded and the cancellation or removal of the free games or credits; and

(B) does not include any electronic, electromechanical, or mechanical contrivance designed, made, and adapted solely for bona fide amusement purposes if the contrivance rewards the player exclusively with noncash merchandise prizes, toys, or novelties, or a representation of value redeemable for those items, that have a wholesale value available from a single play of the game or device of not more than 10 times the amount charged to play the game or device once or $5, whichever is less.

(5) "Altered gambling equipment" means any contrivance that has been altered in some manner, including, but not limited to, shaved dice, loaded dice, magnetic dice, mirror rings, electronic sensors, shaved cards, marked cards, and any other equipment altered or designed to enhance the actor's chances of winning.

(6) "Gambling paraphernalia" means any book, instrument, or apparatus by means of which bets have been or may be recorded or registered; any record, ticket, certificate, bill, slip, token, writing, scratch sheet, or other means of carrying on bookmaking, wagering pools, lotteries, numbers, policy, or similar games.

(7) "Lottery" means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win anything of value, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or some other name.

(8) "Private place" means a place to which the public does not have access, and excludes, among other places, streets, highways, restaurants, taverns, nightclubs, schools, hospitals, and the common areas of apartment houses, hotels, motels, office buildings, transportation facilities, and shops.

(9) "Thing of value" means any benefit, but does not include an unrecorded and immediate right of replay not exchangeable for value.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 313, Sec. 1, 2, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 396, Sec. 1, eff. June 14, 1989; Acts 1993, 73rd Leg., ch. 774, Sec. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 318, Sec. 19, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 98 cases (8 in the last 5 years), 1976–2026 · leading case: Hardy v. State, 102 S.W.3d 123 (Tex. 2003).
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Hardy v. State, 102 S.W.3d 123 (Tex. 2003). · cites it 5× “The trial court found that (1) the gift certificates to Wal-Mart and Sam’s Club were “things of value” under Texas Penal Code section 47.01(4); (2) the eight-liner machines constituted “gambling devices and gambling paraphernalia” under section 47.”
State of Texas v. $1,760.00 in United States Currency, 37 \8\" Liner MacHines", 406 S.W.3d 177 (Tex. 2013). · cites it 6× “Tex. Penal Code § 47.01(4). The Penal Code broadly defines “things of value” as “any benefit” but specifically excludes “an unrecorded and immediate right of replay not exchangeable for value.”
Hardy v. State, 50 S.W.3d 689 (Tex. App.—Waco 2001). · cites it 6× “See Tex.Pen.Code Ann. § 47.01(4)(B) (Vernon Supp.”
Texas v. Ysleta Del Sur Pueblo, 220 F. Supp. 2d 668 (W.D. Tex. 2002). · cites it 10× “Tex. Penal Code Ann. § 47.01 (4) (emphasis added).”
Pardue v. State, 252 S.W.3d 690 (Tex. App.—Texarkana 2008). · cites it 5× “Ill, § 47; Tex. Penal Code Ann. §§ 47.01 -.14 (Vernon 2003); see also Hardy, 102 S.”
Brinkley v. Texas Lottery Comm'n, 986 S.W.2d 764 (Tex. App.—Austin 1999). · cites it 4× “See Tex. Penal Code Ann. § 47.01 (B)(4) (West Supp.”
State v. Wofford, 34 S.W.3d 671 (Tex. App.—Austin 2000). · cites it 5× “01(4) provides: (4) “Gambling device” means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially…”
In Re Fifty-One Gambling Devices Twenty Six Thousand Eight Hundred Eighty Dollars in United States Currency, 298 S.W.3d 768 (Tex. App.—Amarillo 2009). · cites it 4× “See Tex. Penal Code Ann. § 47.01 (4)(B) (Vernon 2003).”
State v. Fry, 867 S.W.2d 398 (Tex. App.—Houston [14th Dist.] 1993). · cites it 5× “JM-368 (1985); See Searcy & Patterson, Practice Commentary, Tex.Penal Code Ann. § 47.01 (Vernon 1989).”
State v. One Super Cherry Master Video 8-Liner Mach., 55 S.W.3d 51 (Tex. App.—Austin 2001). · cites it 3× “See Tex. Penal Code Ann. §§ 47.01 (4), 47.01(6) (West Supp.”
Legere v. State, 82 S.W.3d 105 (Tex. App.—San Antonio 2002). · cites it 4× “Constitutionality of Texas Penal Code § 47.01(4) In his third issue, Legere argues that section 47.”
State v. Mendel, 871 S.W.2d 906 (Tex. App.—Houston [14th Dist.] 1994). · cites it 4× “JM-368 (1985); See Searcy & Patterson, Practice Commentary, Tex.Penal Code Ann. § 47.01 (Vernon 1989).”
Show all 98 citing cases →
Tex. Penal Code § 47.01(1): 5 cases
State v. Fry, 867 S.W.2d 398 (Tex. App.—Houston [14th Dist.] 1993). “JM-368 (1985); See Searcy & Patterson, Practice Commentary, Tex.Penal Code Ann. § 47.01 (Vernon 1989).”
State v. Mendel, 871 S.W.2d 906 (Tex. App.—Houston [14th Dist.] 1994). “JM-368 (1985); See Searcy & Patterson, Practice Commentary, Tex.Penal Code Ann. § 47.01 (Vernon 1989).”
Johnson v. State, 695 S.W.2d 686 (Tex. App.—Dallas 1985).
Untitled Texas Attorney Gen. Opinion, No. KP-0057 (Tex. Att'y Gen. July 2, 2016).
The City of Fort Worth & David Cooke, in His Off. Capacity as Fort Worth City Manager v. Stephannie Lynn Rylie, Texas C&D Amusements, Inc., & Brian & Lisa Scott D/B/A Tsca & D/B/A River Bottom Pub, 602 S.W.3d 459 (Tex. 2020).
Tex. Penal Code § 47.01(1)(B): 1 case
Untitled Texas Attorney Gen. Opinion, No. GA-0926 (Tex. Att'y Gen. July 2, 2012).
Tex. Penal Code § 47.01(1)(C): 1 case
Ysleta Del Sur Pueblo v. State of Tex., 852 F. Supp. 587 (W.D. Tex. 1993).
Tex. Penal Code § 47.01(2): 2 cases
City of Dallas v. Hamilton, 132 S.W.3d 632 (Tex. App.—Eastland 2004).
the City of Dallas v. Ronald Hamilton, No. 11-03-00022-CV (Tex. App.—Eastland Mar. 25, 2004).
Tex. Penal Code § 47.01(2)(A): 4 cases
United States of Am. v. James Truesdale Ronald Hamilton, 211 F.3d 898 (5th Cir. 2000).
United States v. $734,578.82 in United States Currency $589,578.82 in United States Currency, Am. Sports, Ltd. Intercash Ltd. Iom, 286 F.3d 641 (3d Cir. 2002).
United States v. Truesdale, 152 F.3d 443 (5th Cir. 1998).
United States v. Truesdale, No. 99-10096 (5th Cir. Oct. 25, 2000).
Tex. Penal Code § 47.01(3): 2 cases
State v. Gambling Device, 859 S.W.2d 519 (Tex. App.—Houston [1st Dist.] 1993).
State v. Hancock, 35 S.W.3d 199 (Tex. App.—Waco 2000).
Tex. Penal Code § 47.01(4): 17 cases
Hardy v. State, 102 S.W.3d 123 (Tex. 2003). “The trial court found that (1) the gift certificates to Wal-Mart and Sam’s Club were “things of value” under Texas Penal Code section 47.01(4); (2) the eight-liner machines constituted “gambling devices and gambling paraphernalia” under section 47.”
Legere v. State, 82 S.W.3d 105 (Tex. App.—San Antonio 2002). “Constitutionality of Texas Penal Code § 47.01(4) In his third issue, Legere argues that section 47.”
State of Texas v. $1,760.00 in United States Currency, 37 \8\" Liner MacHines", 406 S.W.3d 177 (Tex. 2013). “Tex. Penal Code § 47.01(4). The Penal Code broadly defines “things of value” as “any benefit” but specifically excludes “an unrecorded and immediate right of replay not exchangeable for value.”
Allstar Amusement v. State, 50 S.W.3d 705 (Tex. App.—Waco 2001).
In Re Seizure of Gambling Proceeds & Devices, 261 S.W.3d 439 (Tex. App.—Houston [14th Dist.] 2008).
Tex. Penal Code § 47.01(4)(A): 6 cases
State v. Wofford, 34 S.W.3d 671 (Tex. App.—Austin 2000). “01(4) provides: (4) “Gambling device” means any electronic, electromechanical, or mechanical contrivance not excluded under Paragraph (B) that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially…”
Pardue v. State, 252 S.W.3d 690 (Tex. App.—Texarkana 2008). “Ill, § 47; Tex. Penal Code Ann. §§ 47.01 -.14 (Vernon 2003); see also Hardy, 102 S.”
Allstar Amusement v. State, 50 S.W.3d 705 (Tex. App.—Waco 2001).
G2, INC. v. Midwest Gaming, Inc., 485 F. Supp. 2d 757 (W.D. Tex. 2007).
The State of Texas v. 5 Gambling MacHines, No. 06-24-00011-CV (Tex. App.—Texarkana Apr. 30, 2025).
Tex. Penal Code § 47.01(4)(B): 31 cases
State of Texas v. $1,760.00 in United States Currency, 37 \8\" Liner MacHines", 406 S.W.3d 177 (Tex. 2013). “Tex. Penal Code § 47.01(4). The Penal Code broadly defines “things of value” as “any benefit” but specifically excludes “an unrecorded and immediate right of replay not exchangeable for value.”
Hardy v. State, 50 S.W.3d 689 (Tex. App.—Waco 2001). “See Tex.Pen.Code Ann. § 47.01(4)(B) (Vernon Supp.”
Hardy v. State, 102 S.W.3d 123 (Tex. 2003). “The trial court found that (1) the gift certificates to Wal-Mart and Sam’s Club were “things of value” under Texas Penal Code section 47.01(4); (2) the eight-liner machines constituted “gambling devices and gambling paraphernalia” under section 47.”
Brinkley v. Texas Lottery Comm'n, 986 S.W.2d 764 (Tex. App.—Austin 1999). “See Tex. Penal Code Ann. § 47.01 (B)(4) (West Supp.”
Elmore v. State, 116 S.W.3d 809 (Tex. App.—Fort Worth 2003).
Tex. Penal Code § 47.01(4)(b): 1 case
G2, INC. v. Midwest Gaming, Inc., 485 F. Supp. 2d 757 (W.D. Tex. 2007).
Tex. Penal Code § 47.01(6): 3 cases
Aerospace Optimist Club v. Texas Alcoholic Beverage Comm'n, 886 S.W.2d 556 (Tex. App.—Austin 1994).
Ysleta Del Sur Pueblo v. State of Tex., 852 F. Supp. 587 (W.D. Tex. 1993).
State v. Milenko Bozanic, No. 03-13-00425-CR (Tex. App.—Austin Dec. 16, 2015).
Tex. Penal Code § 47.01(7): 4 cases
Jester v. State, 64 S.W.3d 553 (Tex. App.—Texarkana 2001).
Burnom v. State, 55 S.W.3d 752 (Tex. App.—Houston [14th Dist.] 2001).
The City of Fort Worth & David Cooke, in His Off. Capacity as Fort Worth City Manager v. Stephannie Lynn Rylie, Texas C&D Amusements, Inc., & Brian & Lisa Scott D/B/A Tsca & D/B/A River Bottom Pub, 602 S.W.3d 459 (Tex. 2020).
City of San Antonio; San Antonio Police Dep't; Joe Vidal, Individually & in His Off. Capacity; & Daniel Moynihan, Individually & in His Off. Capacity v. Jimmy Martin, GGL Vendor Leasing LLC, & JLM Games, Inc., No. 04-25-00351-CV (May 27, 2026).
Tex. Penal Code § 47.01(8): 3 cases
Texas v. Ysleta Del Sur Pueblo, 220 F. Supp. 2d 668 (W.D. Tex. 2002). “Tex. Penal Code Ann. § 47.01 (4) (emphasis added).”
State v. Fry, 867 S.W.2d 398 (Tex. App.—Houston [14th Dist.] 1993). “JM-368 (1985); See Searcy & Patterson, Practice Commentary, Tex.Penal Code Ann. § 47.01 (Vernon 1989).”
State v. Gambling Device, 859 S.W.2d 519 (Tex. App.—Houston [1st Dist.] 1993).
Tex. Penal Code § 47.01(9): 3 cases
Allstar Amusement v. State, 50 S.W.3d 705 (Tex. App.—Waco 2001).
Untitled Texas Attorney Gen. Opinion, No. KP-0057 (Tex. Att'y Gen. July 2, 2016).
State v. Gambling Paraphernalia, Devices, Equip. & Proceeds, No. 13-10-00265-CV (Tex. App.—Corpus Christi May 12, 2011).
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