8-liners in Texas: still illegal | Texas District & County Attorneys Association (2024)

Recently, I had an interesting encounter with an elderly lady who accosted me at the local tortilleria—I was picking up tamales for my family’s Christmas tamalada. This woman vented her frustrations about the way I was “going after” gambling rooms in our county; she considered them totally harmless, especially in an area where there was otherwise “nothing to do.” I was taken aback by her very public expression of ire—all I wanted was tamales.
I explained that I was just the prosecutor, not the police who raided her room. She reiterated that the casino was just clean entertainment. Then she told me of an old couple she knew who had frequented this particular game room; they had died after said establishment was raided and closed (temporarily) in 2013. She was blaming me, indirectly, for their deaths. I told her that my sister is a medical doctor and that I would ask her if the casino’s closure and her friends’ deaths could be related or even plausible.
Later that day, at my family’s Christmas celebration, I dutifully asked my sister about the lady’s insistence that her gambling buddies had died (of boredom?) after their casino was shut down. Her reply was that shutting down a casino couldn’t cause death but that, yes, it could result in a loss of votes. I guess that comes with the territory and with the unwritten effects of the local DA’s job description. I felt a bit relieved at my sister’s answer, but my encounter at the meat market just goes to show how common these game rooms are and how hard they are to fight—even some of the citizenry is against us.

The struggles in my county
My jurisdiction, Willacy County, is located on the southernmost tip of Texas in the lower Rio Grande Valley. Willacy has a population of roughly 22,000 and is sometimes known, however unfortunately, as a county populated by prisons. A county jail, state jail, federal jail, and criminal alien requirement detention center are some of the landmarks. The county boasted a Walmart Supercenter up until a few weeks ago, when it all too suddenly closed its doors and took with it jobs and needed revenues. We do have an HEB grocery store of statewide caliber and a once-thriving oil and gas industry, as well as wind farms that dot the countryside with stately windmills.
Because Willacy County is greatly dependent on oil and gas, the recent decline in oil prices has dealt the county a serious economic blow. Added to that loss of income, Willacy County suffered a prison riot, and, as noted earlier, Walmart decided to shut its doors with little warning. All told, the aftermath of these unexpected downturns has resulted in a painful loss of jobs and income to the county and its people. A previous county budget of approximately $8 million was shaved to $6 million—a debilitating 25-percent cut.

Gambling thrives
While Willacy County revenue sources have been limping along and even disappearing, another kind of business enterprise has been booming: gambling rooms, and they are brimming with 8-liners. Commonly called maquinitas (Spanish for “little machines”), 8-liners are video slot machines, and they feed the gambling addictions of the poor. They operate in murky atmospheres and engage in perpetual cat-and-mouse games with the authorities. On the surface, operations are above-board and within their legal rights to own, operate, and play the machines; they even pay hefty fees to open and run their establishments. By law, they may not pay cash prizes to their clients, but many Rio Grande Valley 8-liner establishments blatantly break the law by paying out more than what’s allowed (a prize of not more than 10 times the amount of the bet or $5, whichever is less). One example was when the Raymondville Police Department and Willacy County Sheriff’s Office raided some 8-liners because the machines were still paying out more than $5 per play. To remedy that, operators quickly reprogrammed their maquinitas to pay lesser amounts that fell into compliance. How long before the machines were reprogrammed to their original payouts is anybody’s guess.
They also skirt the law by awarding indirect cash payouts. For example, when casinos were busted for paying cash, they immediately moved to novelty .999 fine silver coins or flecks of silver—which is quickly converted to cash at the neighboring gold and silver exchange. A defense attorney tried to convince me that silver does not constitute cash because the government removed it as currency decades ago. I contend that the casinos and the gold exchanges are in cahoots.
Because of these cat-and-mouse shenanigans, some communities have few incentives to investigate gambling rooms. Their city officials have simply begun requiring 8-liners to pay for costly permits to set up shop in their towns. (Lyford is one of those cities.) Operators are well aware that Willacy County lacks the resources—and even the will—to prove whether or to what extent cash is exchanged in their operations, and they have flourished. Small wonder they have become so common even in Texas, a state that publicly and officially is keeping casinos out while quietly and unofficially allowing 8-liner game rooms to proliferate. The argument then follows that if the gambling rooms are paying for permits to operate, why should authorities hound them? And at a time when county revenues are but a fraction of other years, one cannot negate that the needy cities of Willacy County can use the revenues these game rooms provide.
As a result, 8-liners have become a constant headache to local law enforcement and to me as the county prosecutor. One morning I was awakened by my chief investigator with a report that a local 8-liner game room had been broken into. The stolen items included cash and silver. The law enforcement agency asked me to pay a confidential informant to help recover the stolen funds, so that once recovered, the assets could be returned to the gambling room. I was (and am) vexed, as would be any taxpaying citizen of Willacy County. I have a duty to seek justice for the citizenry, certainly—but does that obligation extend to using the resources of this office to go after a criminal with the ultimate goal of returning assets to yet another unsavory individual who may be breaking the law as well? I believe I spoke for the citizens of Willacy County when I said no.

8-liners in Texas: still illegal | Texas District & County Attorneys Association (2024)

FAQs

Are eight-liners legal in Texas? ›

Texas law forbids gambling devices, such as eight-liners, from awarding cash prizes. However, there is a part of the law — commonly referred to as the "fuzzy animal" exception —that allows operators to award non-cash prizes that are worth less than $5.

Why are 8 liners illegal in Texas? ›

In March 2022, the Fourth Court of Appeals held that eight-liners are lotteries, because they involve the three elements of a lottery: chance, prize, and consideration. [8] Because eight-liners are lotteries, they cannot be lawfully operated without an amendment to the Texas Constitution.

Is it illegal to have slot machines in Texas? ›

While it's legal to bet on horse races, buy a lottery ticket, or participate in office pools, basically any other semblance of gambling is against the law. This includes operating game rooms with eight-liners or video slot machines that pay out cash prizes. In Texas, keeping a gambling place is a criminal offense.

What is an eight liner? ›

A An eight liner machine is an electronic gaming machine that resembles a slot machine. Depending on the type of machine, a player “wins” if a horizontal, vertical, or diagonal row of objects line up.

Can you host a poker game legally in Texas? ›

Are Poker Home Games Legal? Home games, private poker games played in a private residence, are legal in Texas. This is among the few exceptions in Texas Gambling Law.

How are sweepstakes rooms legal in Texas? ›

Game rooms are generally legal in Texas as long as they do not have “illegal gambling devices” as defined in Section 47.01(4) of the Texas Penal Code.

What gambling is illegal in Texas? ›

Texas Law. This section of the Texas Constitution requires the Legislature to pass laws prohibiting "lotteries and gift enterprises”, providing exceptions for charitable bingo, state lotteries and charitable raffles.

What kind of gambling is illegal in Texas? ›

7 Texas Penal Code §47.02(a)(3) states that a person commits an offense if he plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device.

Are coin pushers legal in Texas? ›

An import license is needed to import, transport, own, buy, repair, sell or deliver coin-operated amusem*nt machines in Texas. An import license is necessary to purchase coin-operated amusem*nt machines from out of state to resell in Texas.

Will casinos ever be legal in Texas? ›

More than 200 gambling lobbyists are registered this year and casinos and sports betting could be what the voters want. AUSTIN, Texas — Texas House of Representatives Speaker Dade Phelan said he's open to resort-style casinos in Texas.

Why can't Texas have casinos? ›

The Texas Constitution has prohibited gambling for most of the state's history. [1] Currently, state-authorized methods of gambling in Texas are limited, and the industry is highly regulated.

Why are there no Indian casinos in Texas? ›

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

Is it legal to gamble online in Texas? ›

There are no legal forms of online gambling in Texas, apart from the ability to buy lottery tickets online. The Lone Star State does not permit online casino gaming, online poker rooms, online sports betting or online racebooks.

How many casinos are there in Texas? ›

Texas Casino Information

Texas has 20 casinos in which you'll find more than 4,535 slots and gaming machines. There are a total of 65 table games. The minimum bet we've found at casinos in Texas is $0.01 and the maxium bet is $500. Click a casino on the left for more information on a particular property.

Who regulates gambling in Texas? ›

Office of the Attorney General.

Is rake illegal in Texas? ›

The Texas Penal Code, Section 47, prohibits individuals or establishments from receiving “any economic benefit other than personal winnings.” This statute prohibits establishments from taking a cut of gambling proceeds, colloquially called a rake.

Can I host a poker game at a bar? ›

An ABC licensed premises cannot hold, or allow anyone else to hold, a poker tournament on the premises unless it has the proper license from the Division of Gambling Control and, further, which does not violate the ABC Act.

Is it illegal to play poker at home with friends? ›

Can I host a legal home game in California? Yes, you can. There are no laws that prohibit the hosting of home games. Bear in mind though, that if you profit from the game, then it is deemed an illegal game.

Can you refuse a sweepstakes prize? ›

Be sure your sweepstakes rules include clauses stating that the prize “cannot be transferred, redeemed for cash or substituted by winner.” Make it very clear that if person can't take the prize (they can't travel on the trip, or don't like the prize, for example), then they will have to forfeit it.

Can you win a sweepstakes without entering? ›

In most cases, you can enter as often as you receive sweepstakes entries, and some companies will accept write-in entries on a postcard. Check the official rules. But, remember, there is no chance to win unless you enter! Advertised prizes should be awarded unless otherwise stated in the rules.

Can you sell a house you won from sweepstakes? ›

Selling the Property

Then, the person will need to pay federal and state taxes for the winnings. This leads to the sale of the property to potential buyers in the area. To provide a better monetary opportunity, the seller will either accept a cash award or sell the property quickly to ensure a profit from the contest.

What is the penal code 47.03 in Texas? ›

Penal Code 47.03 creates an offense for gambling promotion. That is, it is an offense to knowingly “operate or participate in the earnings of a gambling place,” “engage in bookmaking,” or even “become a custodian of anything of value” related to a bet.

Are office pools legal in Texas? ›

It's illegal gambling in Texas. And, for Allfer, organizing the Pool is likely “bookmaking” – receiving more than 5 bets in a 24 hour period. Under the gaming laws of all 50 states, it's a bet with a prize that is won or lost solely by chance.

What happens if you get caught gambling in Texas? ›

Legal Penalties

A person who is convicted on a charge of gambling in a Texas court can face significant penalties. A first-time conviction for gambling can result in a penalty of a $500 fine. Business owners who permit gambling on their property may lose their license to operate a business.

What are examples of illegal gambling? ›

The five major types of illegal gambling are sports betting with bookmakers, horse betting with bookmakers, sports parlay cards, numbers, and illegal casinos. Substantial numbers of Americans engage in these activities, particularly in urban areas.

What religion is gambling a sin? ›

These ruinous repercussions are why many Christians, as well as Muslims, Jews, Baha'i, and other religious groups, have historically opposed gambling, and also why there has been a back-and-forth of legislation debating its legality, regulating it for fairness, and setting age limits.

What are the 5 types of legal gambling? ›

California law generally recognizes the following forms of gaming: Indian casinos, cardclubs, pari-mutuel horse wagering, charitable gaming, and the state lottery.

How is Lucky Eagle casino legal in Texas? ›

Kickapoo Lucky Eagle Casino Hotel is a licensed gaming facility, owned and operated by the Kickapoo Traditional Tribe of Texas, a federally recognized, sovereign, and self-governing American Indian tribe in Eagle Pass, Texas.

Do any casinos have coin pushers? ›

Coin pushers are now considered illegal in casinos in the vast majority of areas. In Minnesota and Illinois, it is legal for a casino to have a coin pusher, but it has to be licensed by the Department of Revenue.

Are Indian casinos illegal in Texas? ›

Legal forms of gambling in the U.S. state of Texas include the Texas Lottery; parimutuel wagering on horse and greyhound racing; limited charitable bingo, limited charitable raffles, and three Indian casinos. Other forms of gambling are illegal in Texas.

Can you gamble at home in Texas? ›

There are no legal, real money online casinos in Texas. This means players can't gamble on or access any online casino that is offering cash prizes, and that includes online slots and online poker rooms.

When did Texas ban casinos? ›

1903: Texas bans all forms of gambling, legal or otherwise, in recognition of widespread opposition across the state. 1933: As the Legislature seeks to raise desperately needed revenue in the Great Depression, Texas legalizes pari-mutuel wagering on horse racing.

What state has the most casinos? ›

Nevada. Nevada is home to most of the casinos in America, and this alone has made Nevada undoubtedly one of the most interesting and fun-filled places to be as a gambler. It's no wonder Nevada is referred to as the gambling and entertainment capital of the United States of America.

Do Dallas Texas have casinos? ›

Casinos are hard to come by in Dallas due to the Texas State Laws which prohibits gambling, rendering it illegal in the region. Casino themed rental parties and companies are popular in Dallas as the (Read More)

Which states Cannot gamble? ›

Gambling is legal in some form or another in 48 states across the country. The two holdouts that ban it in its entirety are Utah and Hawaii. Utah has a large Mormon population, which is a deeply religious community.

Are Vegas casinos on Indian land? ›

Nevada's Indian Gaming Casinos

Only two of Nevada's 32 tribes operate casinos. The Moapa Band of Paiutes own the Moapa Paiute Travel Plaza located 30 miles north of Las Vegas on I-15, and the Washoe Tribe owns the Wa She Shu Casino & Travel Plaza located 16 miles south of Carson City.

What is the only legal casino in Texas? ›

1996 Many tribes attempted to conduct casino gambling in Texas, but the Kickapoo tribe is the only one allowed to proceed through a gaming pact with state law. Kickapoo Lucky Eagle Casino was established and is still in service until the present.

Is it illegal to gamble in Japan? ›

Most forms of gambling in Japan are generally banned by the Criminal Code chapter 23; however, there are several exceptions, including betting on horse racing and certain motor sports.

Can you use a VPN to gamble in Texas? ›

Using a VPN is perfectly legal, if you're not doing anything illegal that is. People use VPNs to protect their personal information and mask their IP addresses from inquisitive eyes. Another reason to use a VPN is to gain access to content that isn't accessible in your location.

Is draft king legal in Texas? ›

Are Daily Fantasy Sports Legal In Texas? Yes, you can legally play daily fantasy sports while in Texas as long as you are 18 or older. DraftKings, FanDuel, and Yahoo all can be played while in state lines with no consequences.

Is gambling banned on cash App? ›

Cash App's terms of service prohibit using their platform for illegal activities, including gambling. If they detect any suspicious activity related to gambling, such as sending or receiving money for bets, they may act, including closing the account.

What is the largest gambling casino in the United States? ›

WinStar World Casino and Resort is the biggest casino in the United States, in terms of the total number of table games and gaming machines, according to many gambling blogs and casino directories.

How do casinos make money on Texas? ›

How do casinos make money on poker? Casinos do indeed make money on poker, despite it being a player-versus-player game. They do so by taking a portion of the winnings to offset the costs of facilitating the game. This is known as “the rake” which some people have usefully compared to a tax.

Does San Antonio TX have casinos? ›

Rather than spending hours in the car and making numerous pit stops along the way, San Antonio residents have the option to visit Kickapoo Lucky Eagle Casino Hotel.

Can you go to jail for gambling in Texas? ›

Keeping a gambling place in Texas is a Class A misdemeanor punishable by up to a year in jail and a maximum $4,000 fine. The gaming machines or their motherboards can also be seized by police.

Is gambling still illegal in Texas? ›

While casino style gambling is outlawed in Texas, there are ways around it. Residents of Dallas and Houston can drive a couple hours to get to blackjack tables in Oklahoma and Louisiana. Texas has three tribal-owned casinos, but these only allow certain gaming machines which include bingo and non-banked card games.

Is Texas a approved gambling state? ›

Get 1.5 Million WOW Coins + 30 Sweepstakes Coins for just $9.99! With exceptions for the state-run lottery and a handful of horse and dog tracks, most forms of gambling remain illegal in Texas.

Are water pipes legal in Texas? ›

In cities all over Texas, stores known as “head shops” or “smoke shops” sell things like rolling papers, vaporizers and water pipes legally. These shops exist directly inside this legal gray area.

Can you use a pocket knife for self defense in Texas? ›

Are knives legal self defense weapons in Texas? Pocket knives are a great tool to have for everyday tasks, but can also be a great self-defense weapon if needed. While knives can be considered lethal, most self-defense uses are non-lethal. In Texas, just about any knife can be legally carried.

Can a neighbor drain water onto your property Texas? ›

Texas Water Code section 11.086 provides: (a) No person may divert or impound the natural flow of surface waters in this state, or permit a diversion or impounding by him to continue, in a manner that damages the property of another by the overflow of the water diverted or impounded.

Is having a bong illegal in Texas? ›

Possession of drug paraphernalia — such as pipes or bongs, but not marijuana itself — is a Class C misdemeanor, which is punishable by a fine up to $500, but no jail time.

Can I straight pipe my car in Texas? ›

Texas requires that all vehicles have a muffler. That means that you can't run your car or truck without one. Your muffler must be completely intact and not contain any perforations. You also cannot patch up a muffler with a hole; you must replace the muffler instead.

How many casinos are in Texas? ›

Texas has 20 casinos in which you'll find more than 4,535 slots and gaming machines. There are a total of 65 table games. The minimum bet we've found at casinos in Texas is $0.01 and the maxium bet is $500. Click a casino on the left for more information on a particular property.

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