KEEPING A GAMBLING PLACE

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.

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

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.

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.