Sec. 47.02. GAMBLING. (a) A person commits an offense if he:
(1) 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;
(2) 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
(3) plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.
(b) It is a defense to prosecution under this section that:
(1) the actor engaged in gambling 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) It is a defense to prosecution under this section that the actor reasonably believed that the conduct:
(1) was permitted under Chapter 2001, Occupations Code;
(2) was permitted under Chapter 2002, Occupations Code;
(3) was permitted under Chapter 2004, Occupations Code;
(4) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466, Government Code);
(5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or
(6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department.
(d) An offense under this section is a Class C misdemeanor.
(e) It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01(4)(B).
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1981, 67th Leg., 1st C.S., p. 101, ch. 11, Sec. 43, eff. Nov. 10, 1981; Acts 1989, 71st Leg., ch. 957, Sec. 2, eff. Jan. 1, 1990; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 3; Acts 1993, 73rd Leg., ch. 107, Sec. 4.04, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 774, Sec. 2, eff. Aug. 30, 1993. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1995, 74th Leg., ch. 76, Sec. 14.53, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, Sec. 20, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 931, Sec. 79, eff. June 16, 1995; Acts 1997, 75th Leg., ch. 1256, Sec. 124, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 14.834, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 2, eff. January 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.08, eff. April 1, 2019.
Notes of Decisions
Cited in
38
cases (
1 in the last 5 years), 1976–2021 · leading case:
Pardue v. State, 252 S.W.3d 690 (Tex. App.—Texarkana 2008).
Pardue v. State, 252 S.W.3d 690 (Tex. App.—Texarkana 2008).
· cites it 4× “Tex. Penal Code Ann. § 47.02 (b). In addition to this defense, the Texas Penal Code also includes defenses for certain forms of gambling such as bingo, charitable raffles, the state lottery, horse racing, greyhound racing, and “participation in a drawing for the opportunity to…”
Texas v. Ysleta Del Sur Pueblo, 220 F. Supp. 2d 668 (W.D. Tex. 2002).
· cites it 6× “The operation of all games played with dice, cards, wheels, slot machines, KENO board, off track betting and BINGO cards at Speaking Rock Casino are violations of Texas Penal Code § 47.02 and constitute both a common and public nuisance under Texas Civil Practice and Remedies…”
Baxter v. State, 66 S.W.3d 494 (Tex. App.—Austin 2001).
· cites it 3× “Tex. Pen.Code Ann. § 47.02(a)(3) (West Supp.”
Hardy v. State, 102 S.W.3d 123 (Tex. 2003).
“Tex. Penal Code § 47.02. The Penal Code defines a gambling device as 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…”
Miller v. State, 874 S.W.2d 908 (Tex. App.—Houston [1st Dist.] 1994).
· cites it 4× “Searcy & Patterson, Practice Commentary, Tex. Penal Code Ann. § 47.02 (Vernon 1989).”
Adley v. State, 675 S.W.2d 240 (Tex. App.—Dallas 1984).
· cites it 2× “In his second ground of error, appellant contends that the trial court erred in overruling his motions to quash the indictment for ambiguity in that it failed to give notice of whether he was charged under TEX.PENAL CODE ANN. § 47.02(a)(1) (Vernon Supp.”
Dieter Heinz Werner v. State, 445 S.W.3d 228 (Tex. App.—Houston [1st Dist.] 2013).
· cites it 2× “See Tex. Penal Code Ann. § 47.02 . Appellant also argues that the evidence did not show Daffern was afraid of bodily injury or death because at one point Daf-fern told the police, “I don’t care if he knows where I’m at.”
Cook v. State, 824 S.W.2d 634 (Tex. App.—Dallas 1991).
“, Tex.Penal Code Ann. § 47.02 (Vernon 1989) (gambling).”
State v. Fry, 867 S.W.2d 398 (Tex. App.—Houston [14th Dist.] 1993).
“TexPenal Code Ann. § 47.02 (Vernon 1989).”
State v. Mendel, 871 S.W.2d 906 (Tex. App.—Houston [14th Dist.] 1994).
“TexPenal Code Ann. § 47.02 (Vernon 1989).”
Tex. Penal Code § 47.02(a): 2 cases
Pardue v. State, 252 S.W.3d 690 (Tex. App.—Texarkana 2008).
“Tex. Penal Code Ann. § 47.02 (b). In addition to this defense, the Texas Penal Code also includes defenses for certain forms of gambling such as bingo, charitable raffles, the state lottery, horse racing, greyhound racing, and “participation in a drawing for the opportunity to…”
Tex. Penal Code § 47.02(a)(1): 4 cases
Adley v. State, 675 S.W.2d 240 (Tex. App.—Dallas 1984).
“In his second ground of error, appellant contends that the trial court erred in overruling his motions to quash the indictment for ambiguity in that it failed to give notice of whether he was charged under TEX.PENAL CODE ANN. § 47.02(a)(1) (Vernon Supp.”
Tex. Penal Code § 47.02(a)(3): 4 cases
Baxter v. State, 66 S.W.3d 494 (Tex. App.—Austin 2001).
“Tex. Pen.Code Ann. § 47.02(a)(3) (West Supp.”
Tex. Penal Code § 47.02(a)(l): 1 case
Tex. Penal Code § 47.02(b): 10 cases
Baxter v. State, 66 S.W.3d 494 (Tex. App.—Austin 2001).
“Tex. Pen.Code Ann. § 47.02(a)(3) (West Supp.”
Texas v. Ysleta Del Sur Pueblo, 220 F. Supp. 2d 668 (W.D. Tex. 2002).
“The operation of all games played with dice, cards, wheels, slot machines, KENO board, off track betting and BINGO cards at Speaking Rock Casino are violations of Texas Penal Code § 47.02 and constitute both a common and public nuisance under Texas Civil Practice and Remedies…”
Tex. Penal Code § 47.02(b)(1): 1 case
Tex. Penal Code § 47.02(b)(2): 1 case
Miller v. State, 874 S.W.2d 908 (Tex. App.—Houston [1st Dist.] 1994).
“Searcy & Patterson, Practice Commentary, Tex. Penal Code Ann. § 47.02 (Vernon 1989).”
Tex. Penal Code § 47.02(c): 2 cases
Tex. Penal Code § 47.02(d): 1 case
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