SEQ Legal

TEXAS / SPORTS BETTING LAW

Is Sports Betting Legal in Texas?

No, sports betting through commercial online or retail sportsbooks is not authorized in Texas. Texas has not legalized that market, and its gambling statute covers bets on sporting results and player performance.[1]

That does not mean every sports-related product follows the same rules. Horse-racing wagers, private bets, paid fantasy contests and prediction markets raise different questions. An app being available in Texas is not proof that its sportsbook is authorized.

Texas sports betting at a glance

The position below concerns conventional commercial sportsbooks. It does not classify every fantasy contest or sports event contract as a sportsbook.

Online and mobile sportsbooks

Not authorized in Texas. A website, downloadable app or account opened elsewhere does not establish permission to place sportsbook bets from Texas.

Retail sportsbooks

No state-licensed market. A physical counter is not exempt from the sports-betting prohibition.

Legalization and launch

No confirmed launch date. The 2025 sports-wagering amendment proposals did not pass.

Other sports products

Fantasy contests, event contracts and pari-mutuel racing need separate analysis. Their availability does not change the sportsbook answer.

These distinctions follow the current gambling law and the official legislative records.[1][2][3]

Why is sports betting restricted in Texas?

Texas Penal Code section 47.02 makes it an offense to bet on the result of a game or contest, or on a participant's performance. That covers the basic activity behind both a team-result wager and a player-performance bet. Calling a product something different does not, by itself, settle how the law applies.[1]

There is a narrow defense for private betting. All three conditions must be met: the gambling happens in a private place, nobody receives an economic benefit other than personal winnings, and participants have equal risks and chances apart from skill or luck. This is a defense, not a general commercial sportsbook license.[1]

Ordinary gambling under section 47.02 is a Class C misdemeanor, generally punishable by a fine of up to $500. Gambling promotion under section 47.03 is a separate Class A offense, carrying up to a $4,000 fine, one year in jail, or both. Those classifications should not be read as a promise that every case has only one possible charge.[1][4]

Tribal gaming does not supply a blanket exception. Sports betting is Class III gaming under federal regulations; permission for bingo or other Class II games does not itself authorize a sportsbook. Texas tribes also operate under different federal frameworks.[5][6][7] Our Texas gambling laws guide explains that wider background.

Are sports betting apps legal in Texas?

Online sports betting through commercial sportsbooks is not authorized in Texas. The mobile channel does not create an exception to the underlying gambling rule. Be careful with lists of “legal Texas betting apps”: they may be describing fantasy contests or prediction markets rather than an authorized sportsbook.[1]

Can you use DraftKings in Texas?

Whether you can use DraftKings in Texas depends on which product you mean. DraftKings says its prediction markets, fantasy contests and Pick6 are available in Texas, but its sportsbook and casino are not. Its Texas product page was updated on August 27, 2026. That documents what the company offers, not an independent ruling that every available product is lawful under Texas law.[8]

Before relying on an app's name, identify the transaction:

  • Sportsbook wager: a bet on a sporting outcome or player performance through a bookmaker.
  • Fantasy entry: participation in a contest based on selected athletes and their statistical performance, under that contest's rules.
  • Event contract: a contract tied to an event outcome, offered through a prediction-market framework.

This distinction matters even when the same company offers more than one service. A product page discussing federal exchange oversight is answering a different question from whether Texas has licensed a sportsbook.

An offshore license also does not establish Texas authorization. Nor does an accepted deposit, an app-store listing or the ability to view odds. Look for the relevant legal authority and the exact product, rather than treating technical access as the answer.[1]

When could Texas legalize sports betting?

Texas has no confirmed date for legalizing or launching state-licensed sports betting. The 2025 sports-wagering proposals did not become law. A date suggested by a campaign, an operator or a proposed bill is not an approved opening date.[2][3]

What happened to the 2025 proposals?

These records concern the 89th Legislature's regular session in 2025. The session identifier matters because Texas reuses bill numbers in later legislatures.

Proposal Last recorded action What it means
HJR 134: sports-wagering amendment
Referred to House State Affairs, March 19, 2025
Not adopted; no sportsbook authorization resulted from this proposal.
SJR 65: sports-wagering amendment
Referred to Senate State Affairs, March 10, 2025
Not adopted; it did not establish a launch date.
HJR 137 and SJR 16: broader casino and sports proposals
Referred to House State Affairs, March 19, and Senate State Affairs, February 3, 2025, respectively
Neither proposal was adopted. Their proposed regulatory frameworks are not current law.

The HJR 134 history is a useful example of what to check: its last action is a committee referral, not passage or voter approval. These are historical proposals from an ended session, not bills currently awaiting a 2026 sportsbook launch.[2][3][9][10]

What would need to happen?

The 2025 sports proposals used a constitutional-amendment route. For that route, Article XVII requires support from two-thirds of all elected members of each legislative chamber, followed by approval from a majority of voters voting on the amendment. A future proposal could set different operating requirements.[11][12]

From a proposal to an authorized sportsbook
  1. Constitutional authorityThe legislature must approve the proposed amendment by the required supermajorities, and voters must approve it. Filing a proposal or winning one chamber's vote is not enough.
  2. Implementing lawA proposal such as HJR 134 would authorize the legislature to pass a law regulating sports wagering. That law would set the operating framework.
  3. Approved operationOperators would have to meet the requirements of the resulting law and regulatory framework before taking authorized bets.

These are requirements, not a fixed calendar: lawmakers may consider implementing legislation alongside an amendment. The 2025 HJR 134 proposal was not adopted.[11][12]

The next regular session begins January 12, 2027. Prefiling begins November 9, 2026. Those dates identify the next regular legislative opportunity, not a guarantee that lawmakers will pass a measure or that sportsbooks will open in 2027.[13]

It is also too absolute to say the law cannot change before the next regular session. Article XVII permits amendment proposals during a special session when the subject is included in its call. Whether such a session occurs and what it considers are separate questions.[11]

For any new proposal, check its session, text and action history together. A proposed election date printed in an introduced resolution does not show that the election took place. Likewise, discussion of a future regulator does not mean that regulator currently licenses Texas sportsbooks.

What about fantasy sports, prediction markets and racing?

Paid fantasy sports should not be described as an unquestionably legal substitute for Texas sportsbooks. In opinion KP-0057, issued in 2016, the Texas attorney general concluded that a court would likely find the paid daily fantasy contests discussed in the opinion unlawful. An attorney general opinion provides guidance; it is not itself a statute or a binding court judgment.[14][15]

Modern contest formats differ, and this guide does not establish a final ruling covering every fantasy or pick'em product. Texas SB 2752 proposed a fantasy-licensing regime in 2025, but its last recorded action was a committee referral. That proposal did not create a current license system.[16][17] Our Texas daily fantasy sports guide explains the opinion, private-league conditions and current contest formats.

Sports prediction markets

Sports event contracts raise a federal/state jurisdiction question distinct from Texas sportsbook licensing. The CFTC has challenged state restrictions in litigation elsewhere. Its position should not be presented as a final Texas judgment approving every sports contract.[18]

Texas legislative committees considered prediction-market issues at hearings on September 15, 2026. The official records show scrutiny of the subject, not a new sportsbook authorization.[19][20][21] See our guide to prediction markets in Texas for the federal dispute and the differences between Kalshi, Polymarket US and international Polymarket.

The CFTC exchange register can establish whether an exchange is federally designated. That is useful information, but it does not supply a Texas sportsbook license or resolve every disputed state-law question.[22]

Horse-racing bets

Texas allows specified pari-mutuel wagering under the Racing Act. This involves pooled wagers and statutory enclosure restrictions, rather than a general mobile sportsbook market. The permitted live and simulcast arrangements do not create statewide permission to bet on races from home.[23][24][25]

Use the Texas Racing Commission's racetrack directory to check actual venues and racing dates. The racing wagering minimum is 21, a rule for that activity rather than a future Texas sportsbook age.[23][24][26]

Can Texas residents bet when visiting another state?

Texas residents may be able to use a licensed sportsbook while physically visiting a jurisdiction that permits it, provided they meet that jurisdiction's age, location and other eligibility rules. A Texas home address and the location where a wager is placed are different facts.

Louisiana illustrates why the details matter. Its law prohibits mobile wagers from outside Louisiana and from parishes that have not approved sports wagering, and it requires geolocation. Crossing the state line is therefore not the only relevant check.[27]

Consult the Louisiana regulator's licensed-platform list before relying on an operator's advertising.[28] For other destinations, our US sports betting guide links to the relevant market and regulator information.

An account opened while traveling does not authorize sportsbook betting after returning to Texas. Check your physical location and the product's applicable rules each time; account access is not permission to place a wager from every location.[1][27]

How to check a Texas betting claim

The strongest evidence answers three different questions: what activity is being offered, what law applies, and whether a claimed change actually happened.

  1. Identify the actual product.Read its rules and terms for the words sportsbook, fantasy contest or event contract. Check the named operator or exchange. A familiar brand may provide several services under different frameworks.
  2. Read the current Texas rule.Use Penal Code Chapter 47 for the gambling prohibition and defenses. The State Law Library's sports-gambling guide provides a useful route to related official material.
  3. Verify the claimed legal change.Follow the exact proposal on Texas Legislature Online. Confirm the session and read the action history. A filed bill, committee hearing or promotional launch forecast is not proof of completed authorization.

For a product operating under another framework, check that framework's actual register or regulator. There is no state-licensed Texas sportsbook market to validate through a Texas sportsbook list.

If betting is causing financial or personal problems, the National Council on Problem Gambling provides routes to confidential support.

Does age or a private bet change the answer?

Turning 21 does not make a commercial sportsbook bet authorized in Texas. An age requirement only answers one condition for an otherwise permitted activity.[1]

No, office sports pools are not automatically legal in Texas. The private-betting defense has three cumulative conditions, and the statutory definition of a private place excludes common areas of offices. An organizer taking no cut is not enough on its own.[1]

View sources (28)

Texas statutes, official legislative and agency records, and clearly identified first-party product information. Official checking tools remain linked beside the relevant guidance.

Sources checked 30 September 2026. Historical opinions and proposals are identified in the article.

  1. Texas Penal Code Chapter 47 47.01,47.02,47.03,47.09.Return to article
  2. HJR 134 official bill history, 89R Last action.Return to article
  3. SJR 65 official bill history, 89R Last action.Return to article
  4. Texas Penal Code Chapter 12 12.21,12.23.Return to article
  5. eCFR Class III gaming definition 25 CFR 502.4(c).Return to article
  6. NIGC gaming history and regulatory explanation Class III gaming requirements.Return to article
  7. Ysleta del Sur Pueblo v. Texas Supreme Court opinion June 15, 2022 majority opinion.Return to article
  8. DraftKings: Texas product availability, updated August 27, 2026 Texas product availability.Return to article
  9. HJR 137 official bill history, 89R Last action.Return to article
  10. SJR 16 official bill history, 89R Last action.Return to article
  11. Texas Constitution Article 17 Section 1(a),(c).Return to article
  12. HJR 134 introduced text, 89th regular session (2025) Section 1, proposed Article III section 47(f).Return to article
  13. Texas Legislative Council dates of interest 90th Legislature dates.Return to article
  14. Texas attorney general opinion KP-0057 January 19, 2016 opinion and summary.Return to article
  15. Texas State Law Library gambling FAQ General position; AG opinions.Return to article
  16. 89R filed Senate bills report, SB 2752 entry SB 2752.Return to article
  17. SB 2752 introduced text Proposed Chapter 2053.Return to article
  18. CFTC lawsuit against Minnesota release May 19, 2026 release.Return to article
  19. Senate State Affairs public hearing notice, September 15, 2026 Closing Gambling Loopholes interim charge.Return to article
  20. Senate State Affairs witness list, September 15, 2026 Closing Gambling Loopholes.Return to article
  21. House State Affairs witness list, September 15, 2026 Prediction Markets and Event Contracts.Return to article
  22. CFTC designated contract market register Designated markets.Return to article
  23. Texas Occupations Code Chapter 2027 2027.002,2027.101.Return to article
  24. Texas Occupations Code Chapter 2021 2021.003(26),(34).Return to article
  25. Texas Racing Commission: current rules and publications Racing Act and rules links.Return to article
  26. Texas Racing Commission tracks and dates Licensed tracks and live/simulcast dates.Return to article
  27. Louisiana Revised Statutes 27:609 C(2)(b).Return to article
  28. Louisiana Gaming Control Board licensed platforms Sports wagering platforms.Return to article