Chapter 47 of the Texas Penal Code defines gambling related offenses.
“Gambling” as per § 47.02 of the Texas Penal Code, occurs when a person:
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 thing 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.
An offense under this section is a Class C misdemeanor.
Severity of Crime
Fine not to exceed $500