Is Bovada legal in Texas? What state law says (2026)
No. Sports betting is illegal in Texas, and the state doesn’t license any sportsbook, online or in person. Bovada still accepts players in Texas, but it has no Texas license, and a site letting you open an account doesn’t make your bets legal.
What Texas law says
Texas puts its gambling crimes in chapter 47 of the Penal Code. Section 47.02 makes it an offense to bet “on the partial or final result of a game or contest or on the performance of a participant in a game or contest.” The same section covers bets on elections, which Bovada also takes.
The law defines a bet as “an agreement to win or lose something of value solely or partially by chance.” Nothing in chapter 47 exempts online bets or betting sites based outside Texas.
| Conduct | Law | Grade and maximum penalty |
|---|---|---|
| Betting on a game, contest or election | Penal Code 47.02 | Class C misdemeanor: a fine of up to $500 |
| Bookmaking and other gambling promotion | Penal Code 47.03 | Class A misdemeanor: up to a year in jail, a fine of up to $4,000, or both |
The defenses in section 47.02 are narrow. The main one covers gambling in a private place where no one profits beyond personal winnings and everyone has the same odds, like a home poker game. Others cover charity bingo, raffles, the lottery and licensed racing.
A sportsbook makes money from the bets it takes, so the private-game defense doesn’t fit it. When Attorney General Ken Paxton issued a 2016 opinion on daily fantasy sports, he summed up the rule this way: “it is prohibited gambling in Texas if you bet on the performance of a participant in a sporting event and the house takes a cut.” Attorney general opinions are advisory, and courts don’t have to follow them. This isn’t legal advice.
Bovada and Texas
Texas isn’t on Bovada’s list of restricted states, so Bovada takes sign-ups and bets from people in Texas. It has no Texas license and couldn’t get one, because Texas doesn’t license sportsbooks or online casinos. Our page on where Bovada is available lists the states it blocks.
Bovada’s website says it’s licensed by the Union of the Comoros and the “Central Reserve Authority of Western Sahara.” State regulators that have written to Bovada name its operator as Harp Media B.V., a company in Curaçao. No US state licenses it. Our page on where Bovada is located covers who runs it.
Bovada blocks 19 states and Washington, DC, and most of them were added after a state regulator or attorney general sent Bovada a cease-and-desist letter. We found no such letter from Texas. Texas’s attorney general also didn’t join the 50 attorneys general who asked the US Justice Department in August 2025 to block offshore gambling sites and seize their assets.
Where legalization stands
In 2023, a proposed constitutional amendment to allow sports betting passed the Texas House with 102 votes and died in the Senate. In 2025, Senator Carol Alvarado’s SJR 16 would have allowed casino resorts and sports betting. Representative Sam Harless’s HJR 134 would have let lawmakers license betting through pro sports teams, PGA Tour venues and racetracks. Both died in committee without a hearing. As constitutional amendments, they needed two-thirds of both chambers and then voter approval.
The Senate has been the sticking point. Lieutenant Governor Dan Patrick, who runs the Senate, has said he won’t move gambling bills without majority support from its Republicans. In November 2024 he said only “three or four” of the 20 Republican senators supported legalization, and in December 2025 he said he was “simply not there yet.” In March 2025, a dozen House Republicans also said they’d oppose “any attempt to expand gambling.”
The Legislature holds regular sessions only in odd-numbered years. The next one opens January 12, 2027, and bills can be filed from November 9, 2026.
Patrick’s March 2026 interim charges, the topics Senate committees study between sessions, include prediction markets. They tell the State Affairs Committee to study “the sudden inundation of prediction market gambling and the exploitation of federal law to circumvent Texas gambling prohibitions.”
What’s legal in Texas
Legal gambling in Texas is mostly in person:
- The Texas Lottery, sold at retailers. The Texas Department of Licensing and Regulation took it over on September 1, 2025, under a 2025 law (SB 3070) that also made selling tickets online a crime.
- Pari-mutuel betting on horse races at licensed Texas tracks, overseen by the Texas Racing Commission.
- Charity bingo and raffles.
- Three tribal casinos, run by the Kickapoo, Tigua and Alabama-Coushatta tribes, which offer bingo-based electronic games.
- Private games that fit the defense described above, such as a home game where nobody takes a cut.
Fantasy and pick’em apps
PrizePicks, Underdog, DraftKings, FanDuel, Sleeper and other fantasy apps take Texas players, and PrizePicks’ help center lists Texas as open to anyone 18 or older. Their legal status is unsettled. Paxton’s 2016 opinion said a court would likely find paid daily fantasy to be illegal gambling. DraftKings sued over the opinion, and no court has settled the question since.
Prediction markets
Prediction markets such as Kalshi and Polymarket let Texans 18 and older buy contracts on game results. They’re regulated by the federal Commodity Futures Trading Commission and say state gambling laws don’t apply to them. Texas hadn’t acted against them by September 2026, though the Senate study targets them, and federal appeals courts are split on whether states can regulate them.
Betting in another state
State-licensed sportsbooks only take bets from people physically inside a state where they’re licensed, and their apps check your location. Louisiana, next door, has mobile sportsbooks licensed by its Gaming Control Board. They accept bets placed in Louisiana from people who meet its age limit, and they’ll refuse your bets once you’re back in Texas.
The risks of using Bovada from Texas
- Placing a sports bet in Texas is a Class C misdemeanor, a criminal offense punishable by a fine of up to $500, and chapter 47 has no exception for offshore sites.
- No Texas agency oversees Bovada. If a withdrawal stalls or a bet is voided, your only escalation is Bovada’s own dispute process.
- Bovada’s terms let it close accounts “for any reason, at any time in our sole discretion,” and it zeroes out balances after 18 months without activity. If Bovada ever blocks Texas, its instructions for players in blocked states are to contact customer service about options such as a crypto withdrawal.
- If you travel to a state Bovada blocks, don’t try to hide your location. Its terms treat VPN or proxy use as fraud, which can mean a closed account and a forfeited balance. See our VPN guide.
- Gambling winnings are taxable, and the IRS says you must report all of them, including winnings that don’t come with a Form W-2G. Bovada says it doesn’t report winnings to tax authorities.
Our Bovada review covers fees, bonuses and payouts.
Our state-by-state lookup shows where sports betting is legal across the US.
Only bet what you’ve set aside to lose. If gambling has stopped being fun, call or text 1-800-MY-RESET (1-800-697-3738) for free, confidential help, 24/7, or chat online with the National Problem Gambling Helpline.
Sources
- Texas Penal Code: chapter 47, Gambling (sections 47.01 to 47.03) and chapter 12, Punishments (sections 12.21 and 12.23)
- Texas Government Code: section 301.001 (regular sessions); Texas Legislative Council, Amendments to the Texas Constitution since 1876 (amendment process)
- Texas Attorney General: Opinion KP-0057 and press release on paid daily fantasy sports (January 19, 2016)
- Texas Legislature: bill histories for SJR 16 and HJR 134 (89th Legislature, 2025)
- Lieutenant Governor Dan Patrick: 2026 interim charges (March 27, 2026)
- Texas agencies: Texas Lottery (Texas Department of Licensing and Regulation), Texas Racing Commission
- Bovada: Which countries are restricted? (checked September 29, 2026), terms of service (account closure, dormancy and VPN clauses), Do you report my winnings to government taxation authorities?
- Massachusetts Attorney General: multistate letter to the US Justice Department on illegal offshore gaming (August 5, 2025)
- IRS: Topic 419, Gambling income and losses
- Louisiana Gaming Control Board: licensed wagering platforms
- Ysleta del Sur Pueblo v. Texas, US Supreme Court, June 15, 2022 (tribal bingo gaming)
- Reporting: Legal Sports Report (Texas legal status, updated September 14, 2026, and prediction markets, September 4, 2026), The Texas Tribune (May 1, 2026), iGaming Business (February 13, 2025, and September 4, 2025), Baptist Standard (May 15, 2023), KERA News (June 25, 2025), Sports Illustrated (September 26, 2026) and The Block (September 26, 2026). Fantasy availability: PrizePicks help center, “Where can I play?” (updated May 19, 2026).
