Penal Code § 47.04 · Class A misdemeanor

KEEPING A GAMBLING PLACETexas Penal Code (PC) § 47.04

Keeping a Gambling Place is a Class A misdemeanor under Texas Penal Code (PC) § 47.04. It is punishable by up to 1 year in county jail and a fine up to $4,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

71%
Not convicted
274 days
Median time to resolve
$2,500
Median bail

What does “KEEPING A GAMBLING PLACE” mean?

Keeping a Gambling Place is a Class A misdemeanor under Texas PC § 47.04.

Texas Penal Code § 47.04 defines keeping a gambling place. A person commits the offense by knowingly using, or knowingly permitting another to use, as a gambling place any real estate, building, room, tent, vehicle, boat, or other property owned by the person or under the person's control, or by renting or letting any such property with a view or expectation that it be used as a gambling place. A gambling place is property one of the uses of which is making or settling bets, bookmaking, or conducting a lottery or playing gambling devices. The statute supplies an affirmative defense paralleling the social-gambling defense: the gambling occurred 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 chances of winning were the same for all participants. It is a Class A misdemeanor.

What usually happens to a KEEPING A GAMBLING PLACE charge?

71% ended without a conviction, 14% in deferred adjudication and 11% in a conviction.

How 28 resolved KEEPING A GAMBLING PLACE charges filed 2019–2023 ended, across 4 counties (Brazoria, Dallas, Denton, Galveston):

71%
Not convicted (20)
Dismissed by the prosecutor71%
14%
Deferred adjudication (4)
Deferred adjudication14%
11%
Convicted (3)
Guilty or no-contest plea11%

Outcome is the final disposition recorded on the charge. “Other” (1) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How long does a KEEPING A GAMBLING PLACE case take to resolve?

Typically about 9 months: half of resolved cases closed within 274 days of filing.

Across 28 resolved KEEPING A GAMBLING PLACE charges filed 2019–2023, the median time from filing to disposition was 274 days. The middle half took between 124 and 404 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real KEEPING A GAMBLING PLACE cases end?

Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.

Ended without a conviction

268814 · Brazoria County
Filed Jul 29, 2025 → Dismissed by the prosecutor Apr 22, 2026 (9 months) · plea: not guilty
Dismissal Order- Other
25-02559-5 · Williamson County
Filed Apr 25, 2025 → Dismissed by the prosecutor Apr 7, 2026 (11 months)
Dismissed - Other
MD-0410331 · Galveston County
Filed Mar 13, 2023 → Dismissed by the prosecutor Jul 23, 2024 (16 months)
Dismissed
M-22-11469 · Dallas County
Filed Mar 21, 2023 → Dismissed by the prosecutor Jan 2, 2024 (9 months)
DISMISSAL - DA

Deferred adjudication

M-22-70245 · Dallas County
Filed Aug 30, 2023 → Deferred adjudication Aug 14, 2025 (24 months) · plea: nolo contendere
NAOG - NON-AJUDICATION OF GUILT (AGREED PLEA)
CR-2022-05610-C · Denton County
Filed Dec 6, 2022 → Deferred adjudication Apr 24, 2024 (17 months) · plea: nolo contendere
CSCD 15 Months with Community Service of 80 Hours
M-22-75075 · Dallas County
Filed Dec 2, 2022 → Deferred adjudication Jun 28, 2023 (7 months) · plea: nolo contendere
NAOG - NON-AJUDICATION OF GUILT (AGREED PLEA)
MD-0383220 · Galveston County
Filed Nov 28, 2018 → Deferred adjudication Mar 11, 2019 (3 months) · plea: guilty
Sentenced - Probation/Community Service Fee Totals Due: 03/11/2019 $5.00 $0.00 $10.00 $2.00 $178.00 $5.00 $15.62 $9.38 $0.00 Fee Totals $225.00 TX CSCD and Community Service CSCD 24 Months with Community Service of 20 Ho

Ended in a conviction

MD-0423385 · Galveston County
Filed Mar 24, 2025 → Guilty or no-contest plea Mar 25, 2025 · plea: nolo contendere
Convicted
CR-2022-05616-D · Denton County
Filed Dec 12, 2022 → Guilty or no-contest plea Jan 21, 2025 (25 months) · plea: nolo contendere
Confinement to Commence 01/21/2025 84 Days , County Jail, Denton County Jail Jail Credit 84 Days
M-22-57558 · Dallas County
Filed Nov 15, 2022 → Guilty or no-contest plea Feb 21, 2023 (3 months) · plea: nolo contendere
PGBC - AGREED PLEA OF GUILTY BEFORE THE COURT
M-21-70961 · Dallas County
Filed Dec 1, 2022 → Guilty or no-contest plea Feb 13, 2023 (2 months) · plea: nolo contendere
PGBC - AGREED PLEA OF GUILTY BEFORE THE COURT

What is the punishment for Keeping a Gambling Place in Texas?

Up to 1 year in county jail and a fine up to $4,000.

Charged asPossible confinementFineSource
Class A misdemeanor Up to 1 year in county jail Fine up to $4,000 Penal Code § 12.21

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

How much is bail for KEEPING A GAMBLING PLACE in Texas?

The median bail is $2,500, and 21% of defendants were released on a personal bond.

Across 1,448 Texas bail settings for this charge (9 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,000 – $5,000). 21% of defendants were released on a personal bond, and bail was denied in 16 cases. When this was the only charge at booking (109 records), the median was $1,100 and 47% got a personal bond.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
Nueces 383 $1,500 $1,000 – $5,000 2% 0%
Tarrant 292 $1,000 $750 – $1,500 54% 0%
Bexar 113 $2,000 $1,500 – $5,000 17% 1%
Hidalgo 110 $5,000 $5,000 – $10,000 49% 0%
Karnes 81 $3,000 $3,000 – $3,000 0% 0%

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.

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Bail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.