Why Are Casinos Illegal In Texas

Why Are Casinos Illegal In Texas 7,2/10 1249 votes

The minimum Texas gambling age for lottery players is 18 years old. Live racing and off-track betting has a minimum Texas gambling age of 21 years old. The Kickapoo Lucky Eagle Casino also is required to exclude anyone under 21. Bingo players must be 18 but state law permits minors to play if.

Texas Casino Guide Texas was the 28th state to join the United States and has earned a reputation for being one of the most business-friendly states in the country. Yet, to this day, Texas remains the state least likely to legalize online gambling in the US. Currently, online gambling is illegal. Most games involving gambling in Texas are illegal even if the state has no issues with the person traveling to Oklahoma to engage in casino games. Social gambling is often the only acceptable form of gambling that this and other states will provide as a means to satiate this need to profit or purchase.

Gambling Laws in Texas: When and Where Texans Can Gamble

  • June 14, 2017
  • The Law Office of Greg Tsioros
  • Comments Off on Gambling Laws in Texas: When and Where Texans Can Gamble

U.S. Gambling Overview

Americans have embraced gambling by for centuries. Before our country fought the Revolutionary War, settlers enjoyed European card games and participated in simple lotteries. As the country grew, gambling halls and saloons were gathering places. In the 20th century, local, state, and the federal government got involved. Some states sought to restrict gambling activities while others legalized gambling. Today, many states have brick and mortar casinos, sports betting outlets, lotteries, and race tracks.

Nevada (Las Vegas) was the first to legalize many types of gambling in 1931. New Jersey (Atlantic City) followed decades later in 1977. With the passage of the Indian Gaming Regulatory Act in 1988, reservations throughout the U.S. were permitted to offer gambling and gaming to generate revenues. To complicate things a bit, the Federal Wire Act of 1961 limited sports wagering between the states.

Online gambling has caused the states to review their positions on online casino games, including video poker, baccarat, roulette, keno, blackjack, faro, slots, craps, etc. If you’re accused of a gaming or gambling crime, or another party has offered illegal gambling in Texas, contact an experienced criminal attorney now.

When and Where is Gambling Legal in Texas and Throughout the U.S.

Gambling is legal for those who are 21 years of age or older at Eagle Pass in Texas (Kickapoo Lucky Eagle Casino). People in Texas can also legally participate in the Texas Lottery or make pari-mutuel wagers on greyhound and horse racing. Raffles, charitable bingo, and pull-tab bets are also considered legal in Texas.

In comparison, some states allow 18-year-olds to gamble. Today, Alaska, Arkansas**, California (some locations), Connecticut***, Delaware (horse racing only), Florida**/***, Idaho, Indiana**, Louisiana**, Maine**, Maryland**, Minnesota**, New Mexico, New York (by casino), Ohio**, Oklahoma (by casino), Oregon***, Pennsylvania**, South Dakota ***, Washington** (some casinos), Wisconsin***, and Wyoming allow some gambling to 18-year-olds.

**Pari-mutuel wagers only (short duration events, such as horse racing, jai alai, or greyhound racing, or any event with ranked order participation)
***Bingo only

All other states require gamblers to be at least 21 years of age. It’s impossible to get around the age requirement at brick and mortar casinos. If you attempt to gamble before you’re 21 years old, you may be arrested, incur fines, or have your money confiscated by law enforcement.

The point of confusion for many would-be gamblers concerns online gambling. For instance, there may be a difference in the age required by the site and the age required by Texas to gamble. If the site says you can gamble at age 18 but Texas state law requires you to be at least 21 years old, you must comply with Texas state law. Don’t risk jail time and fines for gambling or gaming arrests.

Texas Gambling Laws

Texas gambling laws are some of the strictest in the nation. For instance, Texas Hold ‘Em card game bets are illegal in Texas. Gamblers must be 21 years old. They may be on greyhound or horse racing, social gambling (like office pools), charitable raffles, and bingo. The law says that gambling on other games of chances is against the law in Texas.

Under Code Section PEN 47.01 et seq. and Civ. St. 179e, gambling, or agreeing to win or lose money or something of value based on chance, or keeping a casino (other than one casino on Indian lands) is prohibited. Promoting any form of gambling (other than pari-mutuel wagers), maintaining a place of gambling, communicating information about gambling, or owning gambling devices are illegal in Texas. For that reason:

Card games, sports bets, and scratch tickets (other than those legally offered by the Texas Lottery) are illegal.

Casinos, other than Kickapoo Lucky Eagle Casino, are illegal in Texas. As a casino on native lands, the Lucky Eagle location is permitted.

Social gambling, like bingo games, private card games, or charity auctions are allowed unless the organizer takes a portion of the proceeds. The law in Texas says that gambling may occur in a private place as long as the chance of losing and winning are evenly distributed.

Slot machines with cash payouts are illegal in Texas. If the prizes are inexpensive and not cash items, such as a coffee pot, the law says it’s okay to play.

Slot Machines with Cash Payouts Are Illegal in Texas

According to a New York Times article, illegal slot machines are cropping up around Texas, especially in some Rio Grande Valley border towns. The problem has captured the attention of enforcement professionals of the U.S. Department of Homeland Security. It’s estimated that illegal slots machines generate approximately $1.9 billion per year (up to 150,000 illegal units).

Recognize that gambling at slot machines with cash payouts can mean arrest and legal consequences in Texas. If you or someone you know has been arrested for illegal gambling or gaming in Texas, you need an experienced criminal defense attorney at your side. If you or a loved one has been exploited because of gambling addiction in Houston, Harris County, or throughout Texas, you need a professional attorney to assist in the recovery of your money now. Don’t go it alone. Call Greg Tsioros to discuss your matter now at 832-752-5972 now. We’re standing by 24/7 to take your call.

There is one Indian casino in Texas, the Kickapoo Lucky Eagle Casino in Eagle Pass. Texas has three federally-recognized tribes but only the Kickapoo Traditional Tribe is authorized to own and operate a casino under the Indian Gaming Regulatory Act of 1987.

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News Headlines

U.S. Supreme Court asks Justice Department to weigh in on Tigua Indians Case v. TexasFebruary 26, 2021 - Texas and Texas tribes have fought over gambling rights for nearly 30 years. This week the Supreme Court issued a brief order for the Justice Dept to weigh in on the case.... Read moreTexas casino legalization sought by Las Vegas SandsDecember 14, 2020 - Billionaire Sheldon Adelson and his Las Vegas Sands company see Texas as a super huge opportunity for future growth of Sands Casinos. The company is pushing Texas legislators for... Read more Kickapoo Lucky Eagle Casino reopens Oct 1September 27, 2020 - The Kickapoo Lucky Eagle Casino announced in a press release last week that it will reopen Thursday October 1. The casino has been closed since March 19, 2020 for COVID-19.... Read moreAlabama-Coushatta Tribe's casino has $170M impact on East Texas economyMarch 20, 2020 - Naskila Gaming is the second largest employer in Polk County and 'supports more than 700 local jobs, numerous educational programs, health care facilities, housing programs... Read more Headlines continued...

Indian Casinos

Kickapoo Lucky Eagle Casino
7777 Lucky Eagle Drive
Eagle Pass, Texas 78852
(888) 255-8259

Naskila Gaming
Former Livingston Entertainment Center
333 State Park Road 56
Livingston, Texas 77351
936.563.2WIN
936.563.2946

Speaking Rock Casino (Closed 2002)
Speaking Rock Entertainment Center (Opened 2016)
122 South Old Pueblo Road
El Paso, TX 79907

History of Texas Indian Casinos

In 1987, the U.S. Supreme Court ruled that since federally recognized Indian tribes are considered sovereign entities they could have casinos outside of state jurisdiction.

Texas has three federally-recognized tribes:

Alabama-Coushatta Tribe of Texas
Route 3 Box 640
Livingston, TX 77351

Kickapoo Traditional Tribe of Texas
Kickapoo Traditional Council
Post Office Box 972
Eagle Pass, TX 78853

Tigua Reservation
Ysleta Del Sur Pueblo
Post Office Box 17579
El Paso, TX 79917

This 1987 Supreme Court ruling led to the 1987 Registration Act followed by the 1988 Indian Gaming Regulatory Act (IGRA). Only the Kickapoo Traditional Tribe of Texas is authorized under the IGRA to operate a casino.

The Tigua and Alabama-Coushatta tribes were granted federal recognition under the 1987 Indian Restoration Act, but were specifically prohibited by that act from casino operations.

Kickapoo Lucky Eagle Casino

In 1996 the Kickapoo established the Lucky Eagle Casino in the small town of Eagle Pass about 100 miles south of San Antonio.

In 2008 the Texas Attorney General's office sued over the legality of the casino even though the Kickapoo are an IGRA tribe. The case is now before the U.S. Supreme Court after the tribe lost in the Fifth Circuit Court of Appeals.

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Tigua's Speaking Rock Casino

In 1992 the Tigua tribe of El Paso petitioned Governor Ann Richards to negotiate a gaming compact for an Indian casino on their reservation, however, the governor rejected their request.

The Tigua felt their rights under federal law were ignored, so in 1993, they opened the Speaking Rock Casino without state approval. That began a ten year battle in the courts over the legality of their casino.

In 2015 a court decision and endorsement by the U.S. Interior Department determined the casino should have never been closed. The tribe plans to reopen with Federal help. In the meantime the casino reopened as the Speaking Rock Entertainment Center in 2016. There is currently no gambling, but the tribe intends to reintroduce Class II gambling in the near future.

Alabama-Coushatta Casino

In 2001 the Alabama-Coushatta Tribe of Texas opened a tribal casino in Livingston, Texas. After nine months of operations it was forced to close after the U.S. 5th Circuit Court of Appeals ruled that the tribe was violating the 1987 Indian Restoration Act which prohibited their operating a casino.

The casino generated $1 million/month for its tribal members during is operation.

In 2015 the tribe received a federal decision similar to the Tigua. The US Interior Department determined their casino should have never been closed and could now reopen with Class II electronic gambling. In May 2016 the tribe reopened their casino and bingo hall as the Naskila Entertainment.

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News Articles

Texas casino legalization sought by Las Vegas Sands

December 14, 2020

Billionaire Sheldon Adelson and his Las Vegas Sands company see Texas as a super huge opportunity for future growth of Sands Casinos. The company is pushing for casino legalization in the upcoming legislative session.

A Sands spokesman told the Texas Taxpayers and Research Association last week:

'Texas is a worldwide destination and one of the top potential markets in the entire world.

'Texas is considered the biggest plum still waiting to be out there in the history of hospitality and gaming.'

Sands proposes a limited number of destination resorts near large Texas cities rather than state-wide gambling.

Sheldon and Miriam Adelson have been among the top donators to the Texas Republican Party and donated $4.5 million last September to the Republican State Leadership Committee.

Back Full Page >Texas Casinos Updates 2021

U.S. House Bill would restore Texas Indian Gaming

May 12, 2019

A bill in the U.S. House of Representatives would protect the Indian gaming rights of two Texas tribes that have long been denied by the state's attorney general.

The bill is HR 759 titled 'Ysleta del Sur Pueblo and Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Act of 2019'. Ref congress.gov

Texas is home to three federally-recognized Native American tribes. All three have been approved by the U.S. Department of Interior to conduct Indian gaming on their lands under the Indian Gaming Regulatory.

However, the Texas attorney general has spent years and millions of dollars fighting to prevent gaming by two tribes while allowing it for the third tribe. The Texas AG has shut down these Indian casinos:

Speaking Rock Casino operated by the Ysleta del Sur Pueblo

Naskila Gaming operated by the Alabama-Coushatta Tribe of Texas

Only the Kickapoo Lucky Eagle Casino continues to operate without state interference. The casino is owned by the Traditional Kickapoo Tribe of Texas in Eagle Pass.

Bill HR 759 was introduced by U.S. Rep Brian Babin and do-sponsored by 24 Republicans and Democrats.

SUPPORT THIS BILL
Visit the Alabama-Coushatta Tribe's special website: Support the AC Tribe.

Back Full Page >Texas Casinos Updates 2021

Texas Bill Would Allow 12 Casino Resorts

March 06, 2019

Many Texas politicians believe the state is losing millions of dollars in potential tax revenues from casino gambling as neighboring states draw Texans into their casinos. Oklahoma, Louisiana, New Mexico and soon Arkansas all have full-scale gambling.

Texas has prohibited commercial casinos. There is only one casino in the state, the Kickapoo Lucky Eagle which is Native American and offers only electronic gaming machines.

This week State Rep. Roland Gutierrez (D-San Antonio) introduced House Bill 3043 to legalize casino gambling and authorize up to twelve casino resorts.

The bill requires local elections for voter approval before a casino could be built.

'We need to come up with taxing revenue that doesn't come from raising folks' property taxes,' Gutierrez said.

The odds of Bill 3043 becoming law are not good. If passed, Governor Greg Abbott (R) would likely veto it. The Governor has publicly opposed casino legislation.

Back Full Page >Texas Casinos Updates 2021


News Headlines Continued

U.S. House Bill would restore Texas Indian GamingMay 12, 2019 - The Texas attorney general has shut down federally-approved Indian gaming by two of the state's three tribes, while allowing the third to operate since 1996.... Read moreTexas Shuts Down Speaking Rock's Casino OperationMarch 29, 2019 - The Texas Attorney General issued a permanent injunction yesterday against slot machines at the Speaking Rock Entertainment Center.... Read moreTexas Bill Would Allow 12 Casino ResortsMarch 06, 2019 - House Bill 3043 was introduced in Austin this week to legalize casino gambling in Texas and authorize casino resorts in twelve cities. Local voter approval would be required.... Read moreSpeaking Rock Casino Loses Latest Court Fight to Stay OpenWhy Are Casinos Illegal In TexasFebruary 15, 2019 - The State of Texas sued and won a case in U.S. District Court of El Paso seeking to shut down the Speaking Rock Casino of the Tigua Tribe.... Read morePolk County Commissioners vote to support Naskila GamingApril 27, 2018 -

Why Are Casinos Illegal In Texas Counties

Polk County Commissioners have given their approval for the continued operation of Naskila Gaming, a tribe-operated electronic bingo parlor.... Read moreNaskila Entertainment ordered closed by federal judge02.07.2018 - The electronic gaming hall owned by the Alabama-Coushatta Tribe was ordered to close by a federal judge this week. The gaming venue was located north of Beaumont 90 miles away.... Read more05.18.2016 Bingo Hall in East Texas Reopens04.16.2016 Naskila Entertainment to Hold Job Fair04.06.2016 Proposed Casino for Aransas Pass 03.24.2015 Anti Guymon Casino Group Forms
11.12.2014 Texas Expanded Gaming Bill Introduced

03.28.2013 Texas's Only casino Lucky Eagle Succeeds in Helping Tribe
01.24.2013 Possible Texas Gaming Expansion

04.14.2011 Investors ready for legalized casinos in Texas
02.15.2011 Gaming Texas Still A Divided Issue With Lawmakers
01.08.2011 Poll Results: Texans in favor of gambling

12.31.2010 New gaming expansion law to be introduced next month
10.08.2010 54 percent of surveyed voters support legalized casino
05.24.2010 Texans favor legalized casinos 57%-33%
04.27.2010 Kickapoo Lucky Eagle Casino installing new games

10.19.2009 Grand Prairie horse track back on the auction block
09.29.2009 Chickasaws bid $27 million for bankrupt Grand Prairie horse track
08.10.2009 Tiguas dispute court's ruling to shut down slots and sweepstakes
05.18.2009 Casino gambling bill is dead

03.30.2009 Tigua asking lawmakers to reopen Speaking Rock Casino
02.25.2009 Major casino bill introduced in Texas legislature
02.24.2009 Galveston eyes casinos to stay afloat
02.20.2009 Bill would legalize Texas Indian casinos

12.31.2008 Tigua Tribe hopes to reopen Speaking Rock Casino
12.13.2008 Alabama-Coushatta and Tigua hope to reopen casinos
12.04.2007 Eagle Pass Casino Considers Las Vegas-style Gaming


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