Paxton: Machines offering chance, skill modes still gambling devices

Audio By Carbonatix

An amusement machine that offers both a chance-based game mode as well as a skill-based mode is still a gambling device, according to Attorney General Ken Paxton.

Back in March, state Sen. Bob Hall submitted an opinion requesting, asking whether an amusement machine is considered a gambling device within the meaning of Texas Penal Code Section 47 when it offers both a chance-based game mode and skill-based game mode.

He also asked, as a matter of law, can a game of skill award a prize in an amount greater than $5 in value.

“A wide array of electronic amusement machines purporting to be pure skill-based games are available across the state of Texas,” the request states. “Video slot machines are well understood to qualify as illegal gambling devices pursuant to established jurisprudence. Yet games of skill are exempted under Texas Penal Code under some circumstances.

“Texas has a long history of prohibiting gambling. Any effort to circumvent our state’s interest in protecting the health, safety, and well-being of Texas residents threatens that prohibition.”

On June 10, the Office of the Attorney General issued an opinion finding that any element of chance suffices to render an electronic amusement machine a “gambling device” under Chapter 47 of the Penal Code.

“An amusement machine that offers both a chance-based game mode as well as a skill-based mode is a gambling device under Penal Code Chapter 47 so long as chance plays any role in determining whether the player receives something of value, regardless of the presence of skill,” the opinion states.

The OAG did not address the second question in request, as it was contingent on the OAG reaching the contrary conclusion that the machines described are games of skill and therefore not subject to Chapter 47’s prohibitions.

Opinion No. KP-0520; Request No. RQ-0637-KP