Attorney General Ken Paxton has issued a formal legal opinion declaring that skill-based gaming machines are illegal if chance plays any role in the outcome.
Industries have allegedly been attaching a memory game to slot-style gambling machines and arguing the inclusion made it legal.
The opinion interprets Texas Penal Code 47, a law prohibiting promotion and operation of gambling activities, and clarifies that the presence of the label “skill-based” does not exclude the game from the law.
“So long as chance plays any role in determining whether the player obtains something of value, the device satisfies the statutory definition,” Paxton wrote.
While not a court ruling, an attorney general opinion is a written interpretation of the law, guiding government agencies and law enforcement officers.
The opinion came in response to a request for clarification by State Sen. Bob Hall (R–Edgewood). According to the senator, amusement games that operate like a video slot machine have been attaching a Simon-Says style game called “Follow Me” in an attempt to circumvent Texas law, claiming the machine is no longer classified as gambling.
The opinion arrives amid broader disputes over “skill games” and illegal gaming rooms operating across Texas.
Law enforcement officers in Harris County have said that in addition to raising gambling concerns, illegal gaming rooms can fund more serious criminal operations like human and drug trafficking.
Paxton’s clarification will help to close one of the loopholes that have been allowing illegal gaming rooms, such as the one in Harris County, to reopen despite recurring raids.
“For years, suppliers, operators, and distributors of gambling devices have attempted to avoid Texas law,” Hall told Texas Scorecard. “This opinion provides valuable guidance to law enforcement agencies, prosecutors, and local officials across Texas.”
