The Texas Attorney General's office has issued an opinion stating that certain amusement machines are classified as gambling devices under state law. This ruling affects operators of these machines and may influence how they are regulated in the future. The opinion clarifies the legal status of machines that combine both chance-based and skill-based game modes.
On June 10, 2026, Texas Attorney General Ken Paxton released Opinion No. KP-0520 in response to a request from Senator Bob Hall. The inquiry focused on whether amusement machines that feature both a chance-based game and a skill-based game would be considered gambling devices under Chapter 47 of the Texas Penal Code. The ruling is significant because it addresses the ongoing debate over the legality of various forms of gaming in Texas.
Senator Hall's request detailed the operation of these amusement machines. According to the request, the machines have two interconnected modes. The first mode resembles a video slot machine, where players insert currency or tokens and play a game that operates entirely on chance. The second mode, called “Follow Me,” allows players to engage in a skill-based game that offers a chance to reclaim losses from the first mode.
The Attorney General's opinion explains that Chapter 47 of the Texas Penal Code generally prohibits gambling devices. Specifically, Section 47.06 criminalizes the ownership, manufacture, transfer, or possession of any gambling device. The law defines a gambling device as any contrivance that offers players an opportunity to obtain something of value, with the outcome determined partially by chance.
The court ruled that any element of chance is sufficient to classify an amusement machine as a gambling device. The opinion states, “Any award of value remains inextricably intertwined with the element of chance.” This means that even if a game includes a skill-based component, the presence of chance in determining the outcome qualifies it as a gambling device under the law.
Attorney General Paxton emphasized that the definition of a gambling device does not require it to rely entirely on chance. He noted that as long as chance plays any role in the outcome, the device meets the statutory definition. The opinion cites previous cases that have established this interpretation, reinforcing the idea that gambling devices can include those that also involve skill.
The ruling is expected to have significant implications for the amusement machine industry in Texas. Operators of these machines may now face stricter regulations and potential legal consequences if they do not comply with the state's gambling laws. This could lead to a reevaluation of how these machines are marketed and operated.
Furthermore, the opinion may set a precedent for future cases involving similar machines. It underscores the importance of chance in determining the classification of gaming devices under Texas law. As the gaming landscape continues to evolve, this ruling could influence how lawmakers and regulators approach the issue of gambling in the state.
Looking ahead, the ruling can potentially be appealed or challenged in court, but details on any pending related cases were not available in the court filing. The Attorney General's opinion serves as a guideline for law enforcement and operators regarding the legal status of amusement machines in Texas.