The Don’t Pass Line: A Breakdown Of All 23 Proposed Gambling Bills During 2023 Texas Legislature

Written By Jason Jarrett on July 7, 2023
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The 88th Texas Legislature came and went this year with no major movement regarding Texas sports betting and casino gambling laws. Friends and foes of the state’s poker rooms and gaming failed to get legislation passed this session. They will now have to wait until 2025 to get laws signed that would enable Texans to participate in any form of gambling.

For the first time, pro-gambling legislation was approved by the House of Representatives, only to have the proposed bill die in the Senate.

Cara Gustafson, spokesperson for the Texas Sports Betting Alliance, noted it would be pretty quiet on the sports-gambling legislation front for the rest of 2023. SBA is a collective of major Texas sports teams and four prominent online sportsbook operators that lobbied the Legislature this year to pass sports gaming laws.

“Since the Legislature doesn’t meet again until 2025, we don’t have plans right now. … We may start rolling some things out this fall and will definitely start prepping in 2024 ahead of the session,” Gustafson said.

Recap of Texas gambling legislation proposed in 2023

To look forward to the next legislative session in 2025, it will be important for gaming advocates to evaluate how proposed legislation did this year. PlayTexas reviewed all proposed bills and joint resolutions defined as “gambling” from Texas’ 88th legislative session.

Below is a recap of each bill, its sponsor and how far the proposed legislation made it in 2023:

Texas House of Representatives gambling bills

House Bill 732

Caption: Relating to the prosecution of the criminal offenses of gambling, keeping a gambling place, and possession of a gambling device, equipment or paraphernalia.

Breakdown: Sponsored by Rep. Gene Wu (D-Houston), the proposed legislation sought to change the wording “private place” to “private residence” in Texas’ law on card rooms and spelling out that each county would have authority over the poker rooms, not the state.

Outcome: The bill failed to get referred to a committee.

House Bill 904

Caption: Relating to definitions for purposes of gambling criminal offenses.

Breakdown:  Sponsored by Rep. Joe Moody (D-El Paso), the bill would have defined what isn’t a “bet” in Texas, including carnival prizes and clarifying what fantasy sports are. Detractors believed this bill, if passed, would legalize daily fantasy sports gambling.

Outcome: The bill made its way to the State Affairs Committee, got a public hearing and was left pending.

House Bill 1601

Caption: Relating to definitions for purposes of gambling criminal offenses.

Breakdown: Sponsored by Wu, this bill pushed for individual counties to regulate poker rooms in their jurisdictions, creating a regulatory framework, much like HB 732.

Outcome: The bill made its way to the House’s Licensing & Administrative Procedures Committee and received a public hearing. The committee did not take a vote on it.

House Bill 1719

Caption: Relating to local option elections to legalize or prohibit the operation of eight-liners; imposing fees and issuing fee permits; creating criminal offenses; increasing criminal penalties.

Breakdown: The bill detailed steps on how counties and cities could legalize eight-liners, a quasi-slot machine with eight pay-out lines.

Outcome: Sponsored by Rep. Richard Raymond (D-Laredo), the proposed legislation made its way to the State Affairs Committee, but the committee took no action.

House Bill 1942

Caption: Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

Breakdown: Sponsored by Rep. Jeff Leach (R-Plano), the proposed legislation outlined rules on sports betting in the state and called for a constitutional amendment for Texas citizens to vote on.

Outcome: The legislation (and its accompanying joint resolution) made it out of the House. It was the first time either chamber in the Texas Legislature passed a sports betting measure. The Senate took no action on the bill.

House Bill 2142

Caption: Relating to definitions for purposes of gambling criminal offenses.

Breakdown: The bill would have defined what isn’t a “bet” in Texas, including carnival prizes and clarifying what fantasy sports are (similar to HB 904).

Outcome: Sponsored by Rep. Ryan Guillen (R-Rio Grande City), the legislation received a hearing from the State Affairs Committee. With amendments to the bill, the committee approved it, but the legislation never made it on the House calendar for a full vote.

House Bill 2345

Caption: Relating to definitions for purposes of gambling criminal offenses and the prosecution of the criminal offenses of gambling, gambling promotion and keeping a gambling place.

Breakdown: This bill would have defined the terms “economic benefit” and “private place” in the Texas Penal Code to give Texas private poker clubs legal standing.

Outcome: Sponsored by Guillen, the proposed legislation was voted out of the House, but the Senate took no action.

House Bill 2843

Caption: Relating to the authorization, licensing and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.

Breakdown: This bill, enabling House Joint Resolution 155, would have legalized resort-style casinos and retail sports betting in the state.

Outcome: Sponsored by Rep. John Kuempel (R-Seguin), the legislation was voted out of the State Affairs Committee but did not get a final vote to clear the House after the legislation was amended a couple times.

House Bill 3649

Caption: Relating to the definitions of the criminal offenses of gambling, the prosecution of the criminal offenses of gambling, gambling promotion and keeping a gambling place.

Breakdown: A companion bill to Senate Bill 1680, this bill would have given Texas private poker clubs legal standing.

Outcome: Sponsored by Guillen, the proposed legislation never made it to a committee in the House.

House Bill 4446

Caption: Relating to certain licensing and permitting requirements for game rooms; authorizing an occupational permit or license; authorizing a fee.

Breakdown: This bill required employees at game rooms to obtain a license or permit periodically.

Outcome: Sponsored by Rep. Brooks Landgraf (R-Odessa), the bill passed the Senate and House, was filed without Gov. Greg Abbott’s signature and will become law Sept. 1.

Texas Senate gambling bills

Senate Bill 715

Caption: Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

Breakdown: A companion bill to HB 1942, the proposed legislation outlined rules on sports betting in the state and called for a constitutional amendment for Texas residents to vote on.

Outcome: Introduced by Sens. Lois Kolkhorst (R-Brenham) and Juan Hinojosa (D-McAllen), the bill never made it out of the State Affairs Committee.

Senate Bill 1680

Caption: Relating to the definitions of the criminal offenses of gambling, the prosecution of the criminal offenses of gambling, gambling promotion, and keeping a gambling place.

Breakdown: This bill was a companion bill to HB 2345 and HB 3649. It would have given Texas private poker clubs legal standing.

Outcome: Introduced by Sen. Jose Menendez (D-San Antonio), the bill never made it out of the State Affairs Committee.

Senate Bill 1681

Caption: Relating to definitions for purposes of gambling criminal offenses.

Breakdown: This was a companion bill to HB 2345, which would have codified Texas private poker clubs.

Outcome: Introduced by Menendez, the bill never made it out of the State Affairs Committee.

Senate Bill 2100

Caption: Relating to defenses to prosecution of the criminal offenses of gambling, keeping a gambling place, and possession of a gambling device, equipment, or paraphernalia and county regulation of poker clubs; providing civil penalties; authorizing an occupational license; authorizing a fee; creating a criminal offense.

Breakdown: This was a companion bill to HB 1601, pushing for individual counties to regulate poker rooms in their jurisdictions

Outcome: Introduced by Sen. Borris Miles (D-Houston),  the bill never made it out of the State Affairs Committee.

Gambling joint resolutions in Texas Legislature

House Joint Resolution 84 and Senate Joint Resolution 30

Caption: Proposing a constitutional amendment authorizing the Kickapoo Traditional Tribe of Texas to conduct gaming by executing a gaming compact with this state; providing for occupational licensing under the compact; limiting certain taxes and fees.

Breakdown: The resolution called for a Texas constitutional amendment that would authorize the Kickapoo Tribe to conduct gaming by entering a compact with the state.

Outcome: The House resolution, introduced by Rep. Eddie Morales (D-Eagle Pass), and the Senate resolution, introduced by Sen. Roland Gutierrez (D-San Antonio), never made it out of committee in their respective chambers.

House Joint Resolution 97

Caption: Proposing a constitutional amendment to foster economic development and job growth, provide tax relief and funding for education and public safety programs, and reform and support the horse racing industry by authorizing casino gaming at destination resorts, creating the Texas Gaming Commission, authorizing sports wagering, requiring a license to conduct casino gaming, and requiring the imposition of a gaming and sports wagering tax and license application fees.

Breakdown: The resolution called for a Texas constitutional amendment that would allow voters in Texas to decide whether resort-style casinos would be legal in the state.

Outcome: The resolution, introduced by three representatives, never made it out of the State Affairs Committee.

House Joint Resolution 102 and Senate Joint Resolution 39

Caption: Proposing a constitutional amendment authorizing the legislature to legalize wagering in this state on certain sporting events and requiring the legislature to dedicate to property tax relief at least 98 percent of the net state tax revenue generated from the wagering on sporting events.

Breakdown: The resolution called for a Texas constitutional amendment to be voted on to legalize sports betting in the state.

Outcome: Along with the accompanying legislation, HB 1942, the House version was approved by the House, but the Senate never considered it.

House Joint Resolution 105

Caption: Proposing a constitutional amendment authorizing the operation of five casinos in this state by licensed persons in certain counties that have approved casino gaming to provide funding for public education; providing for the requirement of occupational licenses, the authorization of fees, the imposition of a tax, and the provision of criminal penalties.

Breakdown: The resolution called for a Texas constitutional amendment to be voted on to legalize casinos in the state.

Outcome: Sponsored by Rep. Harold Dutton Jr. (D-Houston), the resolution died in the state affairs committee.

House Joint Resolution 155

Caption: Proposing a constitutional amendment to foster economic development and job growth, provide tax relief and funding for education and public safety programs, support the horse racing industry, and reform horse racing and greyhound racing by authorizing casino gaming at destination resorts, authorizing sports wagering, authorizing Tribal-State compacts with federally recognized Indian tribes, and creating the Texas Gaming Commission to regulate casino gaming and sports wagering; requiring a license to conduct casino gaming; and requiring the imposition of a casino gaming tax, sports wagering tax, and license application fees.

Breakdown: The resolution called for a Texas constitutional amendment to be voted on to authorize casinos in the state.

Outcome: The resolution, proposed by six representatives, was voted out of the State Affairs Committee, along with its accompanying legislation, but did not get a final vote to clear the House after the legislation was amended a couple of times.

Senate Joint Resolution 17

Caption: Proposing a constitutional amendment to foster economic development and job growth and to provide tax relief and funding for education and public safety by creating the Texas Gaming Commission, authorizing and regulating casino gaming at a limited number of destination resorts and facilities licensed by the commission, authorizing sports wagering, requiring occupational licenses to conduct casino gaming, and requiring the imposition of a tax.

Breakdown: The resolution called for a Texas constitutional amendment to be voted on to create a Texas Gaming Commission, which would oversee legal gambling in the state.

Outcome: The resolution, proposed by Alvarado, never made it out of the State Affairs Committee.

Senate Joint Resolution 90

Caption: Proposing a constitutional amendment to protect the Kickapoo Traditional Tribe of Texas by authorizing it to conduct gaming on certain lands under state law.

Breakdown: The resolution called for a Texas constitutional amendment to be voted on to keep the tribe on level terms with other gaming operators should casino and sports betting legislation pass the Texas Legislature.

Outcome: The resolution, sponsored by Menendez, never made it out of the State Affairs Committee.

Photo by Shutterstock / Illustration by PlayTexas
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Jason Jarrett

Jason is the managing editor PlayTexas.com and eight other states' websites, covering sports betting and gambling in the two states. He has more than 25 years of journalism experience, spending nearly 10 years as a senior editor at the Austin American-Statesman.

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