Sec. 47.02.  GAMBLING.   
(a) A person commits an offense if he: 
 
(1) 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; 
 
(2) 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 
 
(3) plays and bets for money or other thing of value at any game played with 
cards, dice, balls, or any other gambling device. 
 
(b) It is a defense to prosecution under this section that: 
 
(1) the actor engaged in gambling in a private place; 
 
(2) no person received any economic benefit other than personal winnings;  
and 
 
(3) except for the advantage of skill or luck, the risks of losing and the chances 
of winning were the same for all participants. 
 

Sec. 47.03.  GAMBLING PROMOTION.   
(a)  A person commits an offense if he intentionally or knowingly does any of the 
following acts: 
 
(1)  operates or participates in the earnings of a gambling place; 
 
(2)  engages in bookmaking; 
 
(3)  for gain, becomes a custodian of anything of value bet or offered to be bet; 
 
(4)  sells chances on the partial or final result of or on the margin of victory in 
any game or contest or on the performance of any participant in any game or contest or 
on the result of any political nomination, appointment, or election or on the degree of 
success of any nominee, appointee, or candidate;  or 
 
(5)  for gain, sets up or promotes any lottery or sells or offers to sell or 
knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other 
device designed to serve as evidence of participation in any lottery. 
 
(b)  An offense under this section is a Class A misdemeanor. 
  
 

Sec. 47.04.  KEEPING A GAMBLING PLACE.   
(a) A person commits an offense if he knowingly uses or permits another to use as a 
gambling place any real estate, building, room, tent, vehicle, boat, or other property 

 whatsoever owned by him or under his control, or rents or lets any such property with a 
view or expectation that it be so used. 
 
(b) It is an affirmative defense to prosecution under this section that: 
 
(1)  the gambling occurred in a private place; 
 
(2)  no person received any economic benefit other than personal winnings;  
and 
 
(3)  except for the advantage of skill or luck, the risks of losing and the chances 
of winning were the same for all participants. 
 
(c) An offense under this section is a Class A misdemeanor.