Texas law · the public record
How a Texas card room stays open
Texas has no license for poker rooms. They operate under a defense written into the Penal Code, and whether their fees fit that defense has never been settled statewide. Here is the law, what The Fort says about itself, and the cases from 2025 and 2026.
The defense the clubs rely on
Texas Penal Code §47.02 makes betting on a game an offense. Subsection (b) gives a defense to prosecution if three things are all true:
- the gambling happened in a private place;
- no person received any economic benefit other than personal winnings; and
- except for skill or luck, the risks of losing and the chances of winning were the same for all participants.
That is why Texas poker rooms call themselves members-only social clubs, why they take no rake from pots, and why they charge for membership and seat time instead.
How The Fort describes itself
The club calls itself “a members-only social club”. Its FAQ answers “Is poker legal in Texas?” with: “A gambling establishment that takes money from the game is illegal. We do not take any money from the pot in any of our games and we operate our business through membership fees and seat charges.”
Its membership agreement adds that membership gives no financial interest in the club, that the club may reject any applicant, and that new members serve a 30-day probation.
Where the argument is
Critics say membership and seat fees are themselves an economic benefit to the owners, so the second condition fails. A 2020 article on the State Bar of Texas blog set out that argument. Supporters answer that the fees pay for the room, not for a share of the bets. No statewide court ruling or law has settled it, and the outcome has depended on the city or county.
Recent cases
Dallas. The city revoked Texas Card House's certificate of occupancy in 2021, and its Board of Adjustment reinstated it. In September 2025 the Texas Supreme Court declined to review the city's appeal, so the reinstatement stands. The court did not rule on whether poker clubs are legal.Round Rock. On March 10, 2026, the Texas Alcoholic Beverage Commission, with the IRS, raided The Lodge Card Club, the state's largest poker room. The warrant listed possible offenses including promotion of gambling, keeping a gambling place and money laundering. On April 28, 2026, a grand jury voted against indictment, and the club set its reopening for May 26.We found no reported case against The Fort Card Room, which is in Parker County.
What this means for a player
Laws and local enforcement can change. A raid can close a room overnight, as The Lodge's did for more than two months, and chips or money held by a club can be tied up while a case runs. Don't leave money with any card room that you couldn't do without for a while.
This page explains the public record; it is not legal advice. For your own situation, ask a Texas lawyer.