Texas Codes

Tex. Penal Code § 47.06 (2026)

Possession Of Gambling Device, Equipment, Or Paraphernalia

✓ current as of May 2026

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Sec. 47.06. POSSESSION OF GAMBLING DEVICE, EQUIPMENT, OR PARAPHERNALIA. (a) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of a gambling device.

(b) A person commits an offense if, with the intent to further gambling, he knowingly owns, manufactures, transfers commercially, or possesses any altered gambling equipment that he knows is designed for gambling purposes or any equipment that he knows is designed as a subassembly or essential part of such device.

(c) A person commits an offense if, with the intent to further gambling, the person knowingly owns, manufactures, transfers commercially, or possesses gambling paraphernalia.

(d) It is a defense to prosecution under Subsections (a) and (c) that:

(1) the device, equipment, or paraphernalia is used for or is intended for use in gambling that is to occur entirely in a private place;

(2) a person involved in the gambling does not receive any economic benefit other than personal winnings; and

(3) except for the advantage of skill or luck, the chance of winning is the same for all participants.

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

(f) It is a defense to prosecution under Subsection (a) or (c) that the person owned, manufactured, transferred, or possessed the gambling device, equipment, or paraphernalia for the sole purpose of shipping it to another jurisdiction where the possession or use of the device, equipment, or paraphernalia was legal.

(g) A district or county attorney is not required to have a search warrant or subpoena to inspect a gambling device or gambling equipment or paraphernalia on an ocean-going vessel that enters the territorial waters of this state to call at a port in this state.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 668, ch. 251, Sec. 2, eff. Aug. 29, 1977; Acts 1977, 65th Leg., p. 1865, ch. 741, Sec. 1, eff. Aug. 29, 1977; Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(48), eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 458, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1030, Sec. 2, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 44, Sec. 1, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 315, Sec. 1, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 4; Acts 1993, 73rd Leg., ch. 107, Sec. 4.05, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 284, Sec. 30, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1976–2026 · leading case: In Re Cornyn, 27 S.W.3d 327 (Tex. App. 2000).

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In Re Cornyn, 27 S.W.3d 327 (Tex. App. 2000). · cites it 2× “NOTES [1] Tex. Pen.Code Ann. § 47.05 (Vernon 1994).”

State v. Fry, 867 S.W.2d 398 (Tex. App. 1993). “TexPenal Code Ann. § 47.06 (Vernon 1989).”

State v. Mendel, 871 S.W.2d 906 (Tex. App. 1994). “TexPenal Code Ann. § 47.06 (Vernon 1989).”

Esther Garcia Ortega v. State, 472 S.W.3d 779 (Tex. App. 2015). “See Tex. Penal Code Ann. § 47.06 (West 2011).”

Jacobs v. State, 245 S.W.3d 520 (Tex. App. 2007). · cites it 2× “See Tex. Pen.Code Ann. § 47.06(a) (Vernon 2003).”

Warren v. Aldridge, 992 S.W.2d 689 (Tex. App. 1999). “See Tex. Pen.Code Ann. § 47.06(a) (Vernon 1994).”

State v. Gambling Device, 859 S.W.2d 519 (Tex. App. 1993). “Section 47.06 provides, in pertinent part: A person commits an offense if he knowingly owns, manufactures, transfers, or possesses any gambling device that he knows is designed for gambling purposes or any equipment that he knows is designed as a subas-sembly or essential part…”

Selman Halili v. State, 430 S.W.3d 549 (Tex. App. 2014). “See Tex. Penal Code Ann. § 47.06 . The trial court certified appellant’s right to appeal, and he now appeals the trial court’s denial of his motion.”

Bale v. San Jose Police Dep't, 158 Cal. App. 3d 168 (Cal. Ct. App. 1984). “18, *173 § 5513(c); Tex. Penal Code Ann. § 47.06 (c) (Supp. 1984).”

Dugar v. State, 538 S.W.2d 852 (Tex. App. 1976). “The State asserts that the offenses of possession of a gambling device (Tex.Penal Code Ann. § 47.06) and possession of gambling paraphernalia (Tex.”

Farid Ali Datoo v. State (Tex. App. 2019). “18(a); see generally TEX. PENAL CODE ANN. § 47.06 (titled, “Possession of Gambling Device, Equipment, or Paraphernalia”).”

Untitled Texas Attorney Gen. Opinion: KP-0520 (Tex. Att'y Gen. 2026). “” TEX. PENAL CODE § 47.06(a). Sections 47.03 and 47.”

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— Tex. Penal Code § 47.06(a) — 4 cases

Jacobs v. State, 245 S.W.3d 520 (Tex. App. 2007). “See Tex. Pen.Code Ann. § 47.06(a) (Vernon 2003).”

Warren v. Aldridge, 992 S.W.2d 689 (Tex. App. 1999). “See Tex. Pen.Code Ann. § 47.06(a) (Vernon 1994).”

Untitled Texas Attorney Gen. Opinion: KP-0520 (Tex. Att'y Gen. 2026). “” TEX. PENAL CODE § 47.06(a). Sections 47.03 and 47.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2010).

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