By Player1
Updated 3 October 2026
Texas Penal Code section 47.02(b) provides a defense to prosecution for the gambling offense in that section when all three conditions apply:
- The location qualifies as private under the code's definition.
- Each person's only economic benefit is any winnings from their own play.
- Everyone competes on equally favorable terms, aside from differences due to skill and luck.
A venue open to the public may not qualify as private. Rake, seat fees or other host benefits need particular attention. The defense is not blanket approval for a club or commercial operation.
Read sections 47.01 and 47.02 and check the venue, payments, prizes and participant ages.
General information only. Check the current law and obtain local advice about your particular arrangements.