Penal Code §47.02

(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. (c) It is a defense to prosecution under this section that the actor reasonably believed that the conduct: (1) was permitted under Chapter 2001 , Occupations Code; (2) was permitted under Chapter 2002 , Occupations Code; (3) was permitted under Chapter 2004 , Occupations Code; (4) consisted entirely of participation in the state lottery authorized by the State Lottery Act (Chapter 466 , Government Code); (5) was permitted under Subtitle A-1, Title 13, Occupations Code (Texas Racing Act); or (6) consisted entirely of participation in a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (d) An offense under this section is a Class C misdemeanor. (e) It is a defense to prosecution under this section that a person played for something of value other than money using an electronic, electromechanical, or mechanical contrivance excluded from the definition of "gambling device" under Section 47.01 (4)(B).