Sec. 47.05. COMMUNICATING GAMBLING INFORMATION. (a) A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the transmission or receipt of such information.
(b) It is an exception to the application of Subsection (a) that the information communicated is intended for use in placing a lawful wager under Chapter 2027, Occupations Code, and is not communicated in violation of Section 2033.013, Occupations Code.
(c) 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 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.09, eff. April 1, 2019.
Notes of Decisions
Cited in
7
cases, 1984–2013 · leading case:
In Re Cornyn, 27 S.W.3d 327 (Tex. App. 2000).
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. Daniel Davis, 690 F.3d 330 (5th Cir. 2012).
“Tex. Penal Code Ann. § 47.05 . The facts of this case do not support that crime and it was not charged to the jury.”
City of Dallas v. Hamilton, 132 S.W.3d 632 (Tex. App. 2004).
“03 (1991) (gambling promotion) and former TEX. PENAL CODE § 47.05(a) (1991) (communicating gambling information).”
Miller v. State, 677 S.W.2d 737 (Tex. App. 1984).
“In the case before us, appellant was indicted under TEX.PENAL CODE ANN. § 47.05 (Vernon 1974), which states, inter alia, that a person commits an offense if, with the intent to further gambling, he knowingly communicates information as to betting odds.”
Minh De Lam v. State, 17 S.W.3d 381 (Tex. App. 2000).
“See Tex. Pen. Code Ann. § 47.03 (a)(3) (Vernon 1994); Tex.”
Churchill Downs Inc. v. Trout, 979 F. Supp. 2d 746 (W.D. Tex. 2013).
“09; see also Tex. Pen.Code Ann. § 47.05 (West 2011). None of these protections and regulatory safeguards applies to Internet wagering.”
— Tex. Penal Code § 47.05(a) — 2 cases
City of Dallas v. Hamilton, 132 S.W.3d 632 (Tex. App. 2004).
“03 (1991) (gambling promotion) and former TEX. PENAL CODE § 47.05(a) (1991) (communicating gambling information).”
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