On this page we explain in basic format the intrinsic and extremely confusing laws bound to poker sites whom operate in the United States as a future poker player should know before playing. We differentiate between offshore and U.S. licensed operations as it pertains to poker players within U.S. jurisdictions. Please use these FAQ to help you get an understanding of the US poker market in 2018 as we head into substantial regulated poker in the US within the next few years. This page is updated each week as deemed appropriate.
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– Is playing online poker legal in the United States?
– If online poker is legal to play, why was the passage of the Unlawful Internet Gambling Prohibition Act (UIGEA) so significant?
– What is the difference between regulated and unregulated online poker markets?
- The game of poker takes on many formats, not only in land-based casinos but with online as well. When poker first began to take hold online, it included only the bare essentials, those being Texas Hold ‘em and Omaha. However, as the number of people choosing to play online increased, so too did the demand for a great number of variants.
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- Is playing online poker legal in the United States? This is probably the question most commonly asked by new players. The short answer is yes, online poker is legal in the United States on the individual level.It’s certainly not illegal federally, despite many misleading statements over the years from government officials and those in favor of online gambling prohibition.
Jan 02, 2020 Read through our list of online poker — Texas exists in a gray area, but Texans can play at most US-friendly sites. What Forms of Gambling Are Legal in Texas? Poker players are naturally curious about whether or not playing poker for real money online is legal under Texas law. In July 2013, Rep. Joe Barton – a Republican from Texas – introduced HR 2666. Otherwise known as the Internet Poker Freedom Act of 2013, the legal poker websites bill would effectively facilitate the growth of real cash online poker websites on a state-by-state basis sans Federal government intervention.The Internet poker gambling only act would also classify the American pastime of games. Nov 05, 2019 Things are changing fast for online poker. There are four states that have regulated games — Nevada, New Jersey, Delaware, and Pennsylvania – plus legal, sweepstakes poker games in other areas. While the boom of 10 years ago is over, online poker for real money in the US is on the rise again. This is a detailed guide to legal poker sites in the United States.
– What are my deposit options at an online poker site in a regulated market?
– What are my withdrawal options at an online poker site in a regulated market?
– How can I deposit at an online poker site in an unregulated market?
– How can I withdraw at unregulated online poker rooms?
– Why do some sites not allow players from certain states?
– What are some of the pros and cons between regulated vs. unregulated sites?
– I’m from a state that doesn’t offer a regulated online poker market, are unregulated sites safe? I’m worried about another “Black Friday.”
– What are the most popular games being played online?
– Is the unregulated poker market still viable for professional poker players?
Is playing online poker legal in the United States?
This is probably the question most commonly asked by new players. The short answer is yes, online poker is legal in the United States on the individual level. It’s certainly not illegal federally, despite many misleading statements over the years from government officials and those in favor of online gambling prohibition.
It can get a little tricky on the state level. Most states don’t have laws against online gambling, but in some states, such as Washington state, online gambling is a felony offense. Citizens can even be prosecuted for simply having online poker software on their computers. States that have laws against individual gamblers, like Utah and Louisiana, also criminalize online poker by default.
With that said, no one has ever been prosecuted on the national or state level for playing online poker. Even in Washington state, there have been zero online poker arrests. Even though these laws are on the books, no one is being arrested or prosecuted. So yes, it is safe to play poker from the US. Please see the referenced article for a complete article on safety and more here about getting scammed in poker.
Currently, online poker is legal and regulated in New Jersey, Delaware, Nevada, and Pennsylvania. Players in those states will have no issues playing on regulated sites in these states, but more on this later.
It’s always good to know your local laws and keep an eye on the news regarding online poker, but for the most part, players have nothing to worry about from a legal perspective when it comes to playing online poker.
If online poker is legal to play, why was the passage of the Unlawful Internet Gambling Prohibition Act (UIGEA) so significant?
Congress passed the UIGEA in 2006, and it was signed into law by then President George W. Bush as a rider on a Port Security Bill. As I mentioned above, the law had no affect on the legality of playing online as an individual, but it did criminalize offering online gambling services to US citizens.
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After the bill was passed, foreign companies and offshore gambling operators faced federal prosecution for offering gambling sites to American citizens. Banks that processed payments relating to online gambling could also be prosecuted.
The UIGEA is still the law of the land today, but states got a green light to offer poker and casino gambling on the intrastate level when the US Department of Justice reversed their longstanding decision on the 1961 Wire Act in December 2011.
Though passed in 1961, the Wire Act had been used by the US government to justify (rightly or wrongly) that all forms of Internet gambling are illegal. The new opinion, published in late 2011, stated that the Wire Act only applied to sports betting. Nevada was the first state to pass an intrastate online poker law after the reinterpretation of the Wire Act.
What is the difference between regulated and unregulated online poker markets?
This is important to understand and something that players new to the game might not be familiar with when they choose a site. While several states have legalized and begun to regulate online poker, the vast majority of states have not yet done so.
In states like Nevada, New Jersey, Pennsylvania, and Delaware, there is a blossoming regulated market with sites based within the state. The sites abide by local gaming regulations and pay taxes to the state government.
Unregulated sites are based outside the United States. Many are located offshore or in Central America but can be located just about anywhere. These sites do not follow US gaming laws and are violating the UIGEA by offering online poker to Americans.
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One crucial aspect to remember is that players who are playing in regulated markets have recourse if their funds are lost or stolen or if they feel they have been wronged by an online poker room.
On the flip side, there is little that a player can do when an offshore or unregulated room makes a decision. Other than looking for public support through gambling watchdog sites or forums, players have little recourse and almost no legal standing.
What are my deposit options at an online poker site in a regulated market?
Deposit options will vary depending on the state, but the most popular method is toplay poker for money with credit card. Visa and MasterCard deposits are instant and come with no fees. Despite operating in a legal environment, many credit and debit cards are still being rejected, but this is expected to improve as merchant codes are added to signify legal gambling entities.
Other options include bank transfers (ACH) and eCheck deposits. Neteller and Skrill, online e-wallets that specialize in gaming payment processing, have also made their return to the US market in some states. PayPal re-entered the US online gambling market in 2015.
Another popular choice is depositing through the casino cage in person. Players simply have to go to their brick n’ mortar property and go to the casino cage to deposit into their online poker account. This may be a hassle for some, but this method has a 100 percent success rate.
Overall, regulated sites offer a much better assortment of deposit options than those in offshore, unregulated markets.
What are my withdrawal options at an online poker site in a regulated market?
Withdrawal options are similar to deposit options for those playing in regulated states. In most cases, the method used for deposit will also be used to process withdrawals back to customers.
Similar to deposits, options for withdrawals will vary depending on the site. Across most sites, the most common is withdrawal via check. Other options include bank transfer and e-wallet, if you used that method to deposit. Of course, you can also drive down to your casino’s cage and get a withdrawal right from the window.
In comparison to unregulated sites, withdrawals in regulated markets are universally free of charge. This is an important distinction, because those that play on offshore sites will be paying hefty fees for some withdrawal methods. Withdrawals are also processed much faster compared to their offshore competition. Most sites will process payouts within 24 hours and will offer faster overall speeds.
How can I deposit at an online poker site in an unregulated market?
Due to the sites in unregulated markets operating illegally in the United States, deposit options will be much more limited compared to those available at regulated sites.
However, like regulated sites, credit and debit cards are still the most popular option for withdrawals. Visa cards have the highest acceptance rate, but some sites will take MasterCard, American Express, and Discover cards. Those who have issues depositing with their personal cards can always go the Visa gift card route as those are available at just about every gas station around the country. Depositing via card is free in just about all cases, and deposits are credited instantly.
If you’re out of luck in terms of a credit card, the second-best option is to deposit via person-to-person transfer. This involves going to a Western Union or MoneyGram location (there are thousands of these around the US) and sending a transfer to a sportsbook representative. These come with large fees, but sites usually reimburse players if they deposit $300 or more. Once players send the transfer, their account will be credited with the funds within 24 hours or less.
Currently, there aren’t many other methods to deposit at most offshore rooms. Bank wire is an option for some sites, but it is generally rare. Bitcoin, a crypto-currency that has emerged in popularity in recent years, has gained a lot of traction.
How can I withdraw at unregulated online poker rooms?
Like deposits, withdrawal methods at offshore and unregulated rooms will be more limited compared to regulated sites.
Check by mail is easily the most popular method for withdrawal, but unlike regulated markets, checks will come with fees and are processed considerably slower. Some sites can get checks to players within a few days, but they normally take 1–2 weeks to reach players’ doorsteps.
Most US-facing online rooms do offer one free withdrawal via check every 30 days or once a month. Subsequent checks will come with fees, ranging usually ranging between $25–$70. Most of the checks are typically on the low end of that cost range.
Bank wires are available at many sites as well. These are usually processed about as quickly as checks (1–2 weeks) but perhaps slightly longer. It is rare that a site will offer a bank wire as a free monthly withdrawal method. Fees for this method can range from $50–$100, including additional charges by your bank for receiving the wire.
Person-to-person transfers are easily the fastest withdrawal method, but are also the most expensive. They are processed in just 48 hours or less and can be picked up at the thousands of Western Union and MoneyGram locations around the United States. However, fees range from $25–$180, depending upon the amount requested.
One method that has gained some traction at several US-facing rooms is a debit card withdrawal option. Players will receive a debit card via mail and will be able to withdraw funds from their poker account to the card. The debit card can be used at an ATM and to purchase regular goods and services. It works just like a regular debit card.
The debit card option will come with a small start-up fee, along with monthly maintenance and ATM fees, but it’s still an extremely strong option due to its convenience. Cashouts are processed to the card in 1–2 business days.
Why do some sites not allow players from certain states?
Well, for regulated, legal intrastate online poker rooms, state laws don’t allow them to accept players from other states. They can only operate on the state level, meaning players can only play for real money if they are currently residing in the state.
Offshore sites can accept players from any state they wish, but some have opted to bar players from certain states for various reasons. Most offshore sites have opted out of servicing players from Nevada, Delaware, Pennsylvania, and New Jersey due to the legal markets currently operating there. Others have stopped accepting players from states like New York, Kentucky, and Maryland. This is most likely because of state and federal lawsuits that have originated from those states.
What are some of the pros and cons between regulated vs. unregulated sites?
For one, these foreign operators pay little to no taxes, allowing the sites to best the vast majority of state-licensed rooms in terms of deposits and promotions. Many unregulated sites offer four-figure deposit bonuses, while the deposit bonuses on the intrastate level are around several hundred dollars.
Foreign operators also offer much larger player pools than state-licensed rooms. However, this is most likely because only four states have currently decided to regulate and tax online poker. New Jersey, Nevada, Pennsylvania, and Delaware are all relatively small states, and while player numbers are growing in all four, liquidity is the most crucial factor for these smaller markets. For this reason, unregulated sites offer better game selection and better availability of certain games.
Nevada, Delaware, and New Jersey have already agreed on an interstate compact, which has allowed the states to combine player pools to help liquidity.
I mentioned previously in this FAQ that players at offshore sites will have almost no recourse if they feel they have been cheated. They’re at the mercy of operators. This isn’t the case when it comes to regulated intrastate poker. Players will have the American legal system to protect them from fraud and will be able to take action in court if it comes to that.
I’m from a state that doesn’t offer a regulated online poker market, are unregulated sites safe? I’m worried about another “Black Friday.”
“Black Friday” refers to United States v. Scheinberg, a federal criminal case that centered on UIGEA violations against online poker rooms PokerStars, Full Tilt Poker, and Cereus (Absolute Poker and UltimateBet) and payment processors.
The case brought the US-facing online poker industry to its knees, as the sites were forced out of the country. PokerStars paid players within two weeks, but Full Tilt was later found to be insolvent. Players had to wait over two years to receive hundreds of millions in balances via remission from the US government after PokerStars bailed out the company from potential bankruptcy. Cereus customers were never repaid their balances.
Trepidation is justified when it comes to playing at unregulated sites, but after Black Friday, the sites have become more careful than ever when it comes to processing transactions. The seizures effectively ended the eCheck deposit method (other than for regulated sites), and US-facing rooms are now more clandestine when it comes to processing transactions.
Is there still a risk of fund seizure due to the Department of Justice’s war on foreign gambling operators? Absolutely, but it’s less likely at this point. With that said, it wouldn’t be wise to keep most of your net worth in an offshore poker room. Cashing out frequently if you’re a big winner is strongly suggested.
What are the most popular games being played online?
No Limit Hold’em is by far the most widely played game across both unregulated and regulated sites. The game dominates cash and tournament play at all levels. Second in line is Pot Limit Omaha, which has a strong following at most sites.
Other games, such as Omaha Hi/Lo and Limit Hold’em, are hit and miss, depending on where you’re playing. Generally, these games will be more available in the evening, when there is more traffic.
Is the unregulated poker market still viable for professional poker players?
It’s certainly not what it was pre-Black Friday, or even pre-UIGEA, but US online poker markets are still excellent. There is money to be made at all games and limits, especially if players use proper game selection. Some as you can see have taken the land based live game route. See here for how much they make and what life is like, written by a real poker pro from Philly…
The vast majority of online poker rooms that service US players also double as casinos and sportsbooks. This brings in a never-ending supply of recreational gamblers, who wander over to the poker room after running up their balance at the casino or sportsbook.
Author:Joseph Falchetti (twitter)
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Home » US Poker Laws – State by State Reviews » Texas Online Poker & Gambling Legislation
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Texas Online Poker & Gambling Legislation
Last Updated January 2, 2020
Last Updated January 2, 2020
Poker wouldn’t be poker without Texas. After all, without Texas, we’d all just be playing plain old hold’em. Without Texas, we wouldn’t have some of the game’s most enduring legends, such as Doyle Brunson, Amarillo Slim, and WSOP founder Benny Binion.
No-limit Texas Hold’em made Texas an indelible part of poker. Card players in the Lone Star Star love poker, both in land-based casinos and online poker. This page discusses the Internet poker rooms available to Texas poker players in this Guide to Playing Online Poker in Texas.
If you came here looking for how to play online poker in Texas or the tips on the best Texas poker sites, we suggest you read our real-money poker guide.
Bovada | $500 Bonus | 3-4 Day Payouts | Accepts Visa, Bitcoin, Wires |
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Poker Sites Open to Players From Your State |
Current Updates for TX – Laws, Legislation & House Bills
Poker players have fought for legalized poker for years, whether in Texas online poker rooms or in brick-and-mortar establishments. In 2012-2013, Senator Rodney Ellis introduced casino bills that included the legalization of poker, but Ellis received no support from his fellow lamwakers.
Since then, Texan entrepreneurs took the initiative. Private poker clubs have popped up around Texas, mostly in large cities like Houston and Dallas. Players don’t pay a rake or tournament fees. Instead, they pay membership or entrance fee, similar to a country club. The clubs make money from membership fees, seat rental fees, and food and beverage sales.
Poker clubs operate in a grey area. Local law enforcement shut down some poker clubs, but some in other towns remain open and assert their rights legally. A court ruling might decide the law, as the legislature won’t legalize Texas poker anytime soon.
AG Ken Paxton Dithers on Live Poker Rooms
The most recent news out of Texas is that Attorney General Ken Paxton will not be issuing any type of decision regarding the live poker rooms. State Representative Geanie Morrison formally asked Paxton if poker rooms that charge membership fees but don’t charge rake permitted are legal. Paxton officially refused to answer. A spokesperson for his office said that it is a legal matter being litigated in the courts, so courts should resolve the issue.
In 2018, Attorney General Ken Paxton said he would not issue any type of decision regarding the live poker rooms. State Representative Geanie Morrison formally asked Paxton if poker rooms that charge membership fees — but don’t charge rake — are permitted under the current law. Many state lawmakers have been asking the same question, but Paxton officially refused to answer. A spokesperson for his office said that the courts should resolve the issue.
Texas Poker Clubs – A Legal Gray Area
Poker clubs around Texas continued to operate as usual until May 1, 2019.
The Harris County District Attorney’s Office and Houston Police Department coordinated to raid the two largest poker clubs in Houston on May 1. Nine owners and managers from the Post Oak Poker Club and Prime Social Poker Club were arrested and charged with money laundering as a part of engaging in organized crime activities. The two clubs’ bank accounts were also frozen and all funds seized. District Attorney Kim Ogg said, “Poker rooms are illegal in the state of Texas.”
Interestingly, however, all charges were dropped in July. All money was returned. The DA’s office commented that the dismissal of charges was the result of “multiple potential conflicts of interest” within her office. It seems that a contract employee of her office also worked for a law firm that tried to extort money from the two poker clubs while conducting an investigation of them. Said law firm – Jones Walker – then became the target of a lawsuit by Prime Social in early September.
Latest Texas Sports Betting Bills
Texas Rep. Eduardo Lucio introduced Texas House Bill 1275 and Texas House Joint Resolution 61 to the House in February 2019. HR 1275 would regulate land-based sports betting and impose a 6.25% tax. HRJ 61 would let Texans vote on a constitutional amendment to legalize sportsbooks through a statewide vote.
Type/Code | Summary |
State Code Section(s) | PEN.10.47; CIV.6 |
Definition of Gambling | A person commits an offense if he 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; 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 plays and bets for money or other thing of value at any game played with cards, dice, balls, or any other gambling device. |
Definition of Gambling Device | Any electronic, electromechanical, or mechanical contrivance that for a consideration affords the player an opportunity to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the contrivance. The term includes, but is not limited to, gambling device versions of bingo, keno, blackjack, lottery, roulette, video poker, or similar electronic, electromechanical, or mechanical games, or facsimiles thereof. |
Definition of Bet | An agreement to win or lose something of value solely or partially by chance. |
Online Poker/Gambling | There have been no proposals in the state legislature that would legalize online poker or internet gaming of any kind. |
Live Poker | The live poker offered at cardrooms in major cities in Texas advertise as membership club. No rake is taken from the poker games, though there are fees to enter or belong to the clubs. So far, there have been no court decisions that have closed these poker rooms. |
Casinos | There are no casinos in Texas, though cardrooms exist as entertainment venues. |
Sports Betting | HR1275 and HJR 61 would regulate Texas sports betting. |
DFS | A proposal to legalize daily fantasy sports was proposed in 2017, but died in committee. |
Other Forms of Gambling | Horse and greyhound racing, on-track pari-mutuel betting, lottery, social gambling, bingo and charitable gambling, contests of skill. |
Texas Gambling & Poker Laws Summarized |
Texas Daily Fantasy Sports Laws – Is It Legal?
In January 2016, Texas Attorney General Ken Paxton announced that daily fantasy sports gaming was illegal in Texas. FanDuel announced it would no longer offer games to Texans after May 1, 2016. DraftKings filed suit in a Texas court, asking the court to rule DFS legal. That court case has not been resolved yet.
8-Liners in Texas Towns
One other oddity exists on the Texas landscape. Under Texas State law, the gaming machines called 8-Liners or “maquinitas“ are legal if local municipalities approve them. and the owner does not pay winnings in cash. Winners are paid in store credit, gas, or groceries. Despite that limitation, 8-liners generate $5.4 billion in revenues each year.
8-Liners create a problem for local law enforcement. Business owners often pay cash for winnings, which is illegal. Just in the past 3 years alone, Texas law enforcement has raided 8-liner operations for illegal cash payments in the following cities: San Antonio, Poth, Athens, Cap City, Eustace, Seven Points, Tool, Gun Barrel City, San Benito, Rio Grande City, La Joya, Cameron County in the Rio Grande Valley, and McAllen.
Texas Poker Sites – Where to Play Online Legally?
Most Texas poker players drive to Oklahoma or Louisiana to gamble. Several of the largest casinos (by gaming space) in the world are located an hour north of Dallas: Winstar Casino in Thackerville and Choctaw Casino in Durant, Oklahoma. The casinos in Bossier City and Shreveport, Louisiana also get most of their business from Dallas-Fort Worth.
Texans who want to know the closest card room should read our list of real money poker rooms.
Is Online Poker Legal in Texas?
As a rule of thumb, a poker site that accepts American players will also accept poker players from Texas. It’s NOT illegal to play online poker in Texas. In fact, unlike Washington, Texas poker players can legally play on offshore poker sites, like Bovada. The only illegal activity is owning or operating a poker room.
The rooms we’ve listed above are Texas-friendly, but they’re far from the only online poker rooms where Texans can play real-money games. Read through our list of online poker — Texas exists in a gray area, but Texans can play at most US-friendly sites.
What Forms of Gambling Are Legal in Texas?
Poker players are naturally curious about whether or not playing poker for real money online is legal under Texas law. Offering legal advice is not a function of this website (nor of anyone beyond legal professionals), but we can help you sort through the fundamentals of poker laws in Texas.
What counts as gambling in Texas?
The definition of “bet” (Section 47.01(1)) is short and sweet – it’s when you enter into an understanding “to win or lose something of value” in an activity that involves chance. Specifically, the winning or losing must occur “solely or partially by chance.” The definition includes the phrase “partially by chance,” so a bet is anything with any element of chance. The definition of “gambling device” (Section 47.01(4) clarifies the law further.
Making illegal bets is a misdemeanor in Texas (Section 47.02). Those who break the law could face a half-dozen separate charges. Gambling promotion (Section 47.03) is a misdemeanor, and covers operating, promoting, processing bets and selling lottery chances. Possession of Gambling Device, Equipment, or Paraphernalia (Section 47.06) is also a misdemeanor.
Will Texas Regulate Internet Poker?
It’s unlikely Texas will regulate online poker. Texas proponents of land-based casino gambling faced a long fight in the past. Texas online poker is even further away from approval.
Texas Gambling Facts
Texas regulates lottery betting and pari-mutuel bets on racing, and charitable gambling (raffles and games of bingo).
Tribal gambling is complicated. Naskila Gaming at Livingston owned by the Alabama-Coushatta Tribe, Kickapoo Lucky Eagle Casino at Eagle Pass, and Speaking Rock Entertainment by the Tigua Tribe of the Ysleta del Sur Pueblo each operate casino gaming. All three tribes are embroiled in multi-year legal battles with the state of Texas.
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Purely social gambling in a private place or regulated gambling activity is legal, if the house makes no profit.
All Poker and Gambling Laws by State
Texas in the News
- July 11th, 2018Poker rooms operating in Texas have no plans to shut down. They believe in their right to operate enough to take it to the courts if they must. The loopholes in the law, in addition to the antiquated laws surrounding poker in Texas, may be challenged in just that way,Read Full
- May 8th, 2018Poker players in Texas know how to find games. Whether they travel to neighboring states that allow casinos and card rooms or locate underground games closer to home, there are ways to play poker. Some have found a different avenue. With some legal advice and personal determination, a number ofRead Full
- October 20th, 2017Texas is one of the few states in America that does not permit poker rooms, clubs, or games with any type of money involved. Despite the global popularity of Texas Hold’em, the state itself has yet to consider any true poker legalization measures. Only one casino operates in Texas, andRead Full
- August 18th, 2017One of the greatest mysteries in the world of poker is the notion that Texas Hold’em – and any other kind of poker game – is illegal in the state of Texas. No matter the mainstream popularity of poker or the many reports showing the level of skill overrides luckRead Full
Texas’ Forms of Regulated Internet Gambling
This is a much shorter list, as the state of Texas does not regulate any form of online gambling activity. As noted in our earlier section discussing the likelihood that Texas will regulate online poker, there’s almost certainly quite a bit of daylight between now and a time when Texas is issuing licenses to online gambling operators.
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Additional Research on Texas Gambling
Texas Tribune: Gaming/Gambling. Dedicated section from the Texas Tribune covering all in-state gaming and gambling issues. Includes news and interviews with major industry players.
Senator Rodney Ellis . Internet home of Sen. Rodney Ellis (D-Houston), the driving force behind a proposal that would allow voters to decide whether or not to bring casinos to Texas.
Texas Lottery . Official website for the state lottery of Texas contains winning numbers along with a wealth of historical and statistical data about the lottery.
Texas’ and the History of Poker
It’s hard for a state to be any more integral to the game of poker than Texas. After all, the state name is right smack at the start of what is by far the most popular format of modern poker: Texas Hold’em. The “Godfather” of poker, Doyle Brunson, is still better known to some poker fans as Texas Dolly. The subject of one of the most epic poker matches (and stories) in history – Andy Beal – is (you guessed it) a card-carrying Texan. We could go on.
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Best Online Texas Holdem Sites
Poker is now by and large an underground activity in Texas, so the state doesn’t get the same spotlight as your Las Vegas or your Atlantic City. But we can guarantee that if the same laws existed in Texas as Nevada, you might quickly see the center of the American poker universe gravitate a bit closer to the Lone Star State.