Poker clubs in the Coastal Bend and across the state are being organized as private clubs and spread around Texas as rain water, and authorities are waiting for Texas Attorney General Ken Paxton to rule on whether the clubs are even legal.
To be legal, gambling must meet all the criteria, the practice is legal if the gambling is done in a private place; if no person has 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 are the same for all participants.
The struggle for the owners is to find some sort of revenue to fund the clubs and pay the expenses associated with them, including rent, leasehold improvements and furnishings such as tables and chairs.
For example, a club that takes a share of anyone’s winnings (called “raking”) is in clear violation of the law. Also, if the dealer is tipped from a player’s winnings, the gambling is illegal. Additionally, the selling of food or alcohol is considered an economic benefit and so would make the club illegal.
The club’s owners are trying to propose a bill to clarify current law to the Texas Legislature when it convenes in 2019, while Rep. Geanie Morrison (R-Victoria) recently requested a legal opinion from the attorney general to clarify these uncertainties
