Are Skill Games Legal in Texas? 2025 Update

Yes, skill games are legal in Texas. This has been definitively established by Texas courts, with the most significant ruling coming in 2024 and being upheld on appeal in 2025. If you're considering adding skill games to your business, here's everything you need to know about the legal landscape.

The Landmark 2024 Court Ruling

In 2024, Judge Laurine Blake of the 336th District Court in Fannin County issued a landmark ruling that clearly established skill-based games are not gambling devices under Texas law.

"Because a skillful player has the ability to win on every play... chance plays no part in the award of a prize. The Seized Games are not gambling devices."

- Judge Laurine Blake, 336th District Court

This ruling was based on the fundamental distinction between games of skill and games of chance. Under Texas law, gambling requires three elements: consideration (a bet), chance, and a prize. Skill games eliminate the "chance" element because the outcome depends on the player's skill.

The 2025 Appellate Decision

The 2024 district court ruling was appealed, and in April 2025, the Sixth Court of Appeals upheld the decision. This appellate ruling is significant because it:

• Establishes binding legal precedent for skill game operators
• Confirms that properly designed skill games are legal throughout Texas
• Provides clarity for law enforcement and regulators
• Gives business owners confidence to invest in skill game equipment

What Makes a Game "Skill-Based"?

Not all games qualify as legal skill games. To be considered skill-based under Texas law, a game must meet specific criteria:

Player Control

The player must have meaningful control over the outcome. This typically means the player can influence the game through their decisions, timing, or technique.

Predictable Outcomes

A skilled player should be able to achieve predictable results. If someone practices and learns the game, their performance should improve.

No Random Number Generation

Unlike slot machines that use random number generators (RNGs) to determine outcomes, skill games must determine results based on player input.

Legal Brands You Can Trust

The brands we carry - Banilla, JVL, and Primero - have all been designed to meet Texas legal requirements for skill-based gaming. These manufacturers have invested heavily in ensuring their games qualify as skill games under Texas law.

What This Means for Your Business

If you're a bar, restaurant, convenience store, or game room operator in Texas, you can legally operate skill games with confidence. The legal framework is now clear:

1. No gambling license required - Skill games are not gambling devices
2. No state gaming tax - Unlike casino gaming, skill games aren't subject to gaming taxes
3. Legal statewide - The appellate ruling applies across Texas
4. Protected investment - Clear legal precedent protects your business

Common Misconceptions

There's still confusion in the market about skill games. Let's address some common misconceptions:

"All gaming machines are illegal in Texas"

False. Only gambling devices (games of chance) are illegal. Skill-based games are explicitly legal.

"The police can still seize skill game machines"

While isolated incidents have occurred, the 2024/2025 court rulings provide strong legal protection. Any seizures of legitimate skill games would likely be overturned in court.

"This could change at any time"

The legal status is now established by appellate court precedent. While the legislature could theoretically pass new laws, the current legal framework is stable and supported by court decisions.

Getting Started with Legal Skill Games

Ready to add skill games to your Texas business? Here's what you need to know:

• Work with a reputable distributor who provides legal, compliant machines
• Ensure you're getting machines from recognized brands (Banilla, JVL, Primero)
• Keep documentation of your machines' skill-based nature
• Partner with a company that provides ongoing support and compliance guidance