Texas Codes

Tex. Penal Code § 47.09 (2026)

Other Defenses

✓ current as of May 2026

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Sec. 47.09. OTHER DEFENSES. (a) It is a defense to prosecution under this chapter that the conduct:

(1) was authorized under:

(A) Chapter 2001, Occupations Code;

(B) Chapter 2002, Occupations Code;

(D) Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or

(E) Chapter 280, Finance Code;

(2) consisted entirely of participation in the state lottery authorized by Chapter 466, Government Code; or

(3) was a necessary incident to the operation of the state lottery and was directly or indirectly authorized by:

(A) Chapter 466, Government Code;

(B) the Texas Department of Licensing and Regulation; or

(b) It is an affirmative defense to prosecution under Sections 47.04, 47.06(a), and 47.06(c) that the gambling device, equipment, or paraphernalia is aboard an ocean-going vessel that enters the territorial waters of this state to call at a port in this state if:

(1) before the vessel enters the territorial waters of this state, the district attorney or, if there is no district attorney, the county attorney for the county in which the port is located receives notice of the existence of the device, equipment, or paraphernalia on board the vessel and of the anticipated dates on which the vessel will enter and leave the territorial waters of this state;

(2) at all times while the vessel is in the territorial waters of this state all devices, equipment, or paraphernalia are disabled, electronically or by another method, from a remote and secured area of the vessel in a manner that allows only the master or crew of the vessel to remove any disabling device;

(3) at all times while the vessel is in the territorial waters of this state any disabling device is not removed except for the purposes of inspecting or repairing the device, equipment, or paraphernalia; and

(4) the device, equipment, or paraphernalia is not used for gambling or other gaming purposes while the vessel is in the territorial waters of this state.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.54, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 111, Sec. 1, eff. May 16, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 55, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 844, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.835, eff. Sept. 1, 2001.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 47 (H.B. 975), Sec. 3, eff. January 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.10, eff. April 1, 2019.

Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 5, eff. November 7, 2017.

Acts 2025, 89th Leg., R.S., Ch. 1160 (S.B. 3070), Sec. 74, eff. June 20, 2025.

Notes of Decisions

Cited in 5 cases, 1981–2015 · leading case: Texas v. Ysleta Del Sur Pueblo, 220 F. Supp. 2d 668 (W.D. Tex. 2002).

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Texas v. Ysleta Del Sur Pueblo, 220 F. Supp. 2d 668 (W.D. Tex. 2002). “Any defenses stated in Texas Penal Code § 47.09 and all of its provisions are as a matter of law inapplicable and unavailable to the Defendants in this civil case under the undisputed facts of this case.”

Rose v. Enter. Co., 617 S.W.2d 737 (Tex. App. 1981). “02 , had given testimony before the grand jury, and had received testimonial immunity under Tex.Penal Code Ann. § 47.09. Nor is it contended by defendant that any plaintiff was a “public figure”.”

Zani v. State, 657 S.W.2d 196 (Tex. App. 1983). “, Tex.Penal Code Ann. § 47.09 (Vernon 1974), or, as in the case at bar, it may be made by a prosecutor with the consent and approval of the court.”

Rhoades, Dustin Ryan (Tex. App. 2015). · cites it 2× “15(a) 18 TEX. PENAL CODE ANN. § 46.02 18 TEX. PENAL CODE ANN.”

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2002). “See TEX.PEN. CODEANN.§ 47.09(a)(l)(A), (B) (Vernon Supp.”

— Tex. Penal Code § 47.09(a)(3) — 1 case

Rhoades, Dustin Ryan (Tex. App. 2015). “15(a) 18 TEX. PENAL CODE ANN. § 46.02 18 TEX. PENAL CODE ANN.”

— Tex. Penal Code § 47.09(a)(l)(A) — 1 case

Untitled Texas Attorney Gen. Opinion (Tex. Att'y Gen. 2002). “See TEX.PEN. CODEANN.§ 47.09(a)(l)(A), (B) (Vernon Supp.”

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