Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 47. GAMBLING
Texas Codes

Tex. Penal Code § 47.03 (2026)

Gambling Promotion

✓ current as of May 2026
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Sec. 47.03. GAMBLING PROMOTION. (a) A person commits an offense if he intentionally or knowingly does any of the following acts:

(1) operates or participates in the earnings of a gambling place;

(2) engages in bookmaking;

(3) for gain, becomes a custodian of anything of value bet or offered to be bet;

(4) sells chances on the partial or final result of or on the margin of victory in any game or contest or on the performance of any participant in any game or contest or on the result of any political nomination, appointment, or election or on the degree of success of any nominee, appointee, or candidate; or

(5) for gain, sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.

(b) An offense under this section is a Class A misdemeanor.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1987, 70th Leg., ch. 313, Sec. 3, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions
Cited in 54 cases (2 in the last 5 years), 1976–2024 · leading case: Alcala v. Texas Webb Cnty., 625 F. Supp. 2d 391 (S.D. Tex. 2009).
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Alcala v. Texas Webb Cnty., 625 F. Supp. 2d 391 (S.D. Tex. 2009). · cites it 2× “More specifically, Novoa is charged with a violation of Texas Penal Code § 47.03(a)(3), which provides that "[a] person commits an offense if he intentionally or knowingly .”
United States v. Threadgill, 172 F.3d 357 (5th Cir. 1999). · cites it 2× “Here, the Texas Penal Code criminalizes bookmaking in only one location See Tex. Penal Code Ann. § 47.03 (2). Thus, in light of the fact that the superseding indictment expressly alleged the crime of “bookmaking,” the defendants must have known that they were being charged with…”
United States of Am. v. James Truesdale Ronald Hamilton, 211 F.3d 898 (5th Cir. 2000). · cites it 2× “Tex. Penal Code § 47.03(a)(2). Bookmaking, however, is not the only activity that constitutes gambling promotion.”
Baxter v. State, 66 S.W.3d 494 (Tex. App. 2001). · cites it 2× “See Tex. Pen.Code Ann. § 47.03(a)(1) (West 1994).”
In Re Cornyn, 27 S.W.3d 327 (Tex. App. 2000). · cites it 2× “NOTES [1] Tex. Pen.Code Ann. § 47.05 (Vernon 1994).”
United States v. Anthony J. Salinas & Billy W. Davis, 564 F.2d 688 (5th Cir. 1977). · cites it 2× “Texas Penal Code § 47.03 proscribes gambling.”
United States v. Daniel Davis, 690 F.3d 330 (5th Cir. 2012). “Tex. Penal Code Ann. §§ 47.03 , 47.04, 47.”
Adley v. State, 675 S.W.2d 240 (Tex. App. 1984). · cites it 3× “He specifically complains that the indictment failed to describe the alleged bet; failed to describe his conduct with respect to the bet; failed to describe the parties to the bet; failed to allege that “something of value” was bet and what it was; and failed to allege the date…”
Pardue v. State, 252 S.W.3d 690 (Tex. App. 2008). “” Tex. Penal Code Ann. § 47.03 . The Texas Penal Code defines gambling place as “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…”
State v. Wofford, 34 S.W.3d 671 (Tex. App. 2000). “See Tex.Penal Code Ann. §§ 47.03, 47.04, 47.06 (West 1994).”
Ariel Medina v. State, 411 S.W.3d 15 (Tex. App. 2013). “Tex. Pen.Code Ann. § 47.03 (West 2011) (individual commits offense by intentionally or knowingly setting up or promoting lottery for gain).”
Legere v. State, 82 S.W.3d 105 (Tex. App. 2002). “See Tex. Pen.Code Ann. §§ 47.03(a)(1), (3), 47.”
Show all 54 citing cases →
— Tex. Penal Code § 47.03(a) — 3 cases
Unknown, 152 F.3d 443.
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016).
Shelli Morrison v. Rad Quarrington, Whiskey River Bar & Grill, Inc. D/B/A Whiskey River Bar & Grill, Christopher E. Baker, James Howard, Brooke Wilson, Lacie Wolldridge, Leroy Wooldridge, Michelle Wooldridge & Jimmy Youngblood (Tex. App. 2024).
— Tex. Penal Code § 47.03(a)(1) — 4 cases
Baxter v. State, 66 S.W.3d 494 (Tex. App. 2001). “See Tex. Pen.Code Ann. § 47.03(a)(1) (West 1994).”
Legere v. State, 82 S.W.3d 105 (Tex. App. 2002). “See Tex. Pen.Code Ann. §§ 47.03(a)(1), (3), 47.”
Jester v. State, 64 S.W.3d 553 (Tex. App. 2001).
State v. Steve Marston (Tex. App. 2015).
— Tex. Penal Code § 47.03(a)(2) — 6 cases
United States of Am. v. James Truesdale Ronald Hamilton, 211 F.3d 898 (5th Cir. 2000). “Tex. Penal Code § 47.03(a)(2). Bookmaking, however, is not the only activity that constitutes gambling promotion.”
Adley v. State, 675 S.W.2d 240 (Tex. App. 1984). “He specifically complains that the indictment failed to describe the alleged bet; failed to describe his conduct with respect to the bet; failed to describe the parties to the bet; failed to allege that “something of value” was bet and what it was; and failed to allege the date…”
Johnson v. State, 695 S.W.2d 686 (Tex. App. 1985).
Rose v. Enter. Co., 617 S.W.2d 737 (Tex. App. 1981).
Miller v. State, 677 S.W.2d 737 (Tex. App. 1984).
— Tex. Penal Code § 47.03(a)(3) — 4 cases
Alcala v. Texas Webb Cnty., 625 F. Supp. 2d 391 (S.D. Tex. 2009). “More specifically, Novoa is charged with a violation of Texas Penal Code § 47.03(a)(3), which provides that "[a] person commits an offense if he intentionally or knowingly .”
United States of Am. v. James Truesdale Ronald Hamilton, 211 F.3d 898 (5th Cir. 2000). “Tex. Penal Code § 47.03(a)(2). Bookmaking, however, is not the only activity that constitutes gambling promotion.”
Unknown, 152 F.3d 443.
United States v. Truesdale (5th Cir. 2000).
— Tex. Penal Code § 47.03(a)(5) — 3 cases
Derick Dewayne Evans v. State (Tex. App. 2014).
Derick Dewayne Evans v. State (Tex. App. 2014).
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 1985).
— Tex. Penal Code § 47.03(b) — 3 cases
Alcala v. Texas Webb Cnty., 625 F. Supp. 2d 391 (S.D. Tex. 2009). “More specifically, Novoa is charged with a violation of Texas Penal Code § 47.03(a)(3), which provides that "[a] person commits an offense if he intentionally or knowingly .”
Ex Parte Wilhelm, 901 S.W.2d 956 (Tex. App. 1995).
Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2016).
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