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Thursday, September 09 2010 @ 04:00 AM CDT

Is Playing Poker Legal in Texas?

Yes. Card games, specifically poker, is allowed providing the following rules are followed.
1) the gambling occurs in a private place;
(2) no person received any economic benefit other than personal winnings [no rake]; and
(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.

What this means is that if you play poker in someone's home and the person hosting the poker party does not get paid any money to host the poker party (that is no rake) playing poker is allowed under Texas law. The relevant statutes concerning this are: § 47 et sec. While not addressing directly the issue of private home poker games the Attorney General for Texas has also issued an opinion which states that a charity poker tournament is illegal. Also see this opinion on poker games which states that a no rake game in a bar is illegal.

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