GAMBLING.
A person commits an offense if he:
– 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;
– 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
– plays and bets for money or other things of value at any game played with cards, dice, balls, or any other gambling device.
It is a defense to prosecution under this section that:
– the actor engaged in gambling in a private place;
– no person received any economic benefit other than personal winnings; and
– except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
– consisted entirely of participation in the state lottery authorized by the State Lottery Act;
– was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or
– 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.
An offense under this section is a Class C misdemeanor.
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”.
GAMBLING PROMOTION.
A person commits an offense if he intentionally or knowingly does any of the following acts:
– operates or participates in the earnings of a gambling place;
– engages in bookmaking;
– for gain, becomes a custodian of anything of value bet or offered to be bet;
– 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
– 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.
An offense under this section is a Class A misdemeanor.
KEEPING A GAMBLING PLACE.
A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.
It is an affirmative defense to prosecution under this section that:
– the gambling occurred in a private place;
– no person received any economic benefit other than personal winnings; and
– except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.
An offense under this section is a Class A misdemeanor.
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