Section 47.01 opens up with the laying out of terminology where gambling is concerned:
- Gambling place: any real estate where gambling is occuring, versus
- Private place: any real estate where gambling is occuring that is not open to the public
Section 47.02 defines gambling in part as any act of playing and betting for money or any other item of value, a game of cards, dice, or other.
A defense to prosection for an accused to prove that i) everybody who was participating in the gambling possessed equal odds of win or loss, ii) no person collected economic benefit aside from personal winnings, and iii) that the gambling occured in private.
In other words, home gambling in the state of Texas is legal, but it must be conducted in a private place with equal odds between all players.
Random thoughts from a lawyer, an accountant, a commodities trader, an ex-Marine and a WSOP Main Event money finisher that don't know as much as they wish they did...