Owners of these clubs claim they are operating in accordance with Texas’s gambling laws by charging only membership fees, rather than taking a percentage of the pot. Poker clubs began popping up around Texas around 2015. Poker clubs have not been legalized by constitutional amendment or statewide referendum but are generally allowed (or overlooked). Horse and dog racing (pari-mutuel) was legalized by a statewide referendum. Over time, the Texas Constitution has been amended to allow charitable bingo, charitable raffles, and a state-operated lottery. Article III, section 47 of the Texas Constitution states that “he Legislature shall pass laws prohibiting lotteries and gift enterprises in this State.” In accordance with that mandate, the legislature enacted Chapter 47 of the Texas Penal Code, titled “Gambling.” Gambling has been prohibited in Texas for most of the state’s history. Until voters approve a constitutional amendment legalizing poker clubs, or a case makes its way to the Texas Supreme Court, these establishments will operate on precarious legal footing. Owners of these clubs claim they are operating in accordance with Texas's gambling laws by charging membership fees, instead of taking a rake. Private poker clubs have popped up all over Texas in recent years.

Texas gambling laws poker