The Texas Attorney General, Ken Paxton, has issued a statement declaring that machines that blend elements of chance and skill are considered illegal gambling devices under state law, particularly when chance influences the outcome of a player's reward.
This opinion was released following a request from Senator Bob Hall amidst ongoing debates regarding skill game machines in Texas. The machines in question resemble slot machines but offer a chance for players to recover losses through a memory game akin to Simon Says.
According to Paxton’s opinion, the existence of a skill element does not exempt these machines from Texas gambling regulations. He emphasized that any potential for players to gain value is intrinsically linked to the chance aspect of the game.
“As long as chance plays a role in whether a player receives something of value, the device meets the legal definition,” the opinion reads. Paxton further stated that “any reward of value is inextricably linked to the element of chance.”
Players must start by engaging with a game that functions like a slot machine, where they have no control over the results. Only after experiencing a loss can they utilize the skill-based feature, which does not alter the initial outcome.
Senator Hall sought clarification on this matter in March, questioning whether machines marketed as skill games are exempt from Texas gambling laws. He described these machines as operating similarly to video slot machines but incorporating a “Follow Me” feature, allowing players to recover money lost in prior spins.
Hall argued that this feature was intended to bypass Texas gambling regulations. He welcomed the opinion, stating it confirmed that devices masquerading as ‘skill games’ remain illegal in Texas. “A pig wearing lipstick remains a pig, and a gambling device dressed up to resemble a ‘skill’ device remains a gambling device,” Hall remarked.
This opinion follows recent court victories for skill-based gaming machines, where the Texas Sixth Court of Appeals upheld a ruling that found Pace-O-Matic machines to be games of skill rather than games of chance. This ruling has intensified the divide among local prosecutors and law enforcement, with varying interpretations of the legality of these machines.
While attorney general opinions do not alter existing laws and are not binding on courts, they serve as advisory interpretations meant to assist enforcement agencies and lawmakers.
The controversy surrounding skill-game machines is just one of many unresolved gambling issues in Texas, which has some of the strictest gambling laws in the United States. Ongoing disputes also exist regarding game rooms, eight-liner machines, and membership-based poker clubs, all of which operate within a legal gray area.
Earlier this year, the Texas Alcoholic Beverage Commission conducted a raid on the Lodge Card Club near Austin, one of the largest poker venues in Texas, owned by professional poker players Doug Polk, Andrew Neeme, and Brad Owen.