Is DraftKings Legal in Texas? Sportsbook, DFS, Pick6 and Predictions Rules
Short answer
Partly. DraftKings cannot run a legal sportsbook or online casino in Texas, because Texas licenses neither. Its daily fantasy contests are reported as available to Texans, but no Texas law approves them, and the Attorney General has said paid fantasy contests are likely illegal gambling under Penal Code § 47.02.
Last verified November 1, 2026 against current Texas law
Is DraftKings legal in Texas? The answer depends on which DraftKings product you mean. The company sells a sportsbook, an online casino, daily fantasy sports, a pick’em game called Pick6, and a newer prediction market product. Texas treats these very differently, and the app store listing alone will not tell you which rules apply. This page explains each product, the penalties, and what could change when lawmakers meet in 2027.
| Sportsbook (online sports betting) | Not legal. Texas licenses no sportsbook, online or in person. |
|---|---|
| Online casino | Not legal. Texas has no licensed online casino. |
| Daily fantasy sports (DFS) | Reported as available, but unapproved. Not licensed by any Texas agency. |
| Pick6 and Predictions | Unsettled. No Texas law or court ruling decides them. |
| Penalty for a player | Class C misdemeanor under Penal Code § 47.02, fine up to $500 |
| Main laws | Penal Code §§ 47.01, 47.02, 47.03, Texas Constitution Art. III, § 47 |
| Next chance to change | Regular session begins January 12, 2027 |
Is DraftKings legal in Texas? Product by product
No single answer covers the whole company. A licensed sportsbook is illegal here, while a fantasy contest sits in a gray zone. The sections below take each product in turn.
Is DraftKings Sportsbook allowed in Texas?
No. Texas has not legalized sports betting, and CBS Sports reported in October 2026 that sports betting is still not legal in Texas. Under Penal Code § 47.02, making a bet on a game or on an athlete’s performance is a crime. Legalizing a sportsbook would require changes to state law and, for casino style gambling, a constitutional amendment. Our guide to sports betting in Texas covers the full picture.
Is DraftKings Casino legal in Texas?
No. Texas has no licensed online casino, and the state constitution limits lawful gambling to a short list that includes the state lottery, charitable bingo and raffles, and pari-mutuel horse and greyhound racing. Tribal casinos operate under federal law, a separate matter. Online slots and table games are not on that list. See our overview of gambling laws in Texas for what is allowed.
Is DraftKings DFS legal in Texas?
It is reported as available, but available does not mean approved. Industry sources, including CBS Sports in October 2026, describe daily fantasy as open in Texas to users 18 and older. Texas has no statute that licenses daily fantasy sports. Efforts to legalize it failed in 2017, 2023 and 2025.
On January 19, 2016, Attorney General Ken Paxton issued Opinion KP-0057, which concluded that odds are favorable that a court would find paid daily fantasy sports to be illegal gambling under Penal Code § 47.02. An Attorney General opinion is advisory and does not bind a court, and I found no Texas court ruling on the question. We explain the reasoning in our guide to PrizePicks and other pick’em apps in Texas.
Is DraftKings Pick6 legal in Texas?
It is unsettled. Pick6 is a pick’em style contest, where you choose whether athletes will beat a stat line. Texas law counts a bet as an agreement to win or lose something of value solely or partially by chance, so a paid pick’em contest raises the same question as paid daily fantasy sports. Some review sites list Pick6 as available in Texas, but I could not confirm that in DraftKings’ own terms, so read the app’s own terms before you play.
Is DraftKings Predictions legal in Texas?
Texas has not decided. The Texas Tribune reported on May 1, 2026 that DraftKings and FanDuel launched prediction market products that accept money from Texans. These products run under federal commodities rules, and Texas has not ruled on whether they count as gambling under state law. On March 27, 2026, Lt. Gov. Dan Patrick released Senate interim charges asking the State Affairs Committee to study the “sudden inundation of prediction market gambling” and to make recommendations ahead of the 2027 session.
Is Fliff legal in Texas?
The law is unsettled. Fliff is not a DraftKings product. It is a social sportsbook that uses virtual coins and a sweepstakes style currency instead of cash deposits. Review sites claim these apps are legal in Texas, but those claims cite no Texas statute or court decision. I found no Texas ruling that approves or bans sweepstakes sportsbooks. If a prize can be won by chance and you pay something of value to take part, the broad definition of a bet in Penal Code § 47.01 could apply. Our guide to offshore casinos and sweepstakes sites in Texas covers the same question.
Why “available” does not mean “legal”
Operators decide where to launch. A company can make its app available in a state without that state licensing it. Texas does not issue sportsbook or fantasy licenses, so no DraftKings product holds one here. The absence of a Texas regulator also means no state agency handles disputes over frozen accounts or unpaid winnings.
Penalties for players and operators
For a player, a bet under Penal Code § 47.02 is a Class C misdemeanor, with a fine of up to $500 and no jail time. I found no report of a Texas player charged for using a licensed national app. That reflects prosecutorial discretion, not a legal protection. Winnings are taxable income no matter where the company is based.
| Conduct | Law | Offense | Maximum penalty |
|---|---|---|---|
| Betting on a game or a player’s performance | Penal Code § 47.02 | Class C misdemeanor | $500 fine |
| Taking bets or running a betting operation | Penal Code § 47.03 | Class A misdemeanor | 1 year in jail, $4,000 fine |
Real situations: what the law means for Texans
You live in Texas and want to bet on a Cowboys game
A licensed sportsbook is not an option in Texas. Driving to a neighboring state to place a bet is a different legal question, and each state sets its own rules for people physically inside its borders.
You enter a free fantasy contest
The 2016 Attorney General opinion addressed paid contests. If you pay nothing and risk nothing of value, it is harder to argue you made a bet under the statute, though no court has ruled on free contests and a contest’s rules can change.
You pay to play a paid pick’em lineup
That is the type of paid prediction on athlete performance that Penal Code § 47.02(a)(1) describes. The most likely trouble is a dispute with no state regulator to hear it, not an arrest.
Myths vs. facts about DraftKings in Texas
| Myth | Fact |
|---|---|
| “DraftKings is legal everywhere in the U.S.” | Its sportsbook runs only in states that license it. Texas does not. |
| “If the app downloads, it is licensed here.” | Texas licenses no sportsbook or fantasy operator. Availability is the company’s choice. |
| “Fantasy is skill, so it is not gambling.” | Texas counts a bet when chance plays even a partial role. |
| “Prediction markets are the same as sportsbooks.” | They run under federal rules, and Texas has not decided how its gambling law applies. |
| “The Attorney General’s opinion is a law.” | It is advisory and does not bind courts. |
How Texas compares with neighboring states
| State | Sports betting |
|---|---|
| Texas | Illegal, no license |
| Louisiana | Legal in approved parishes, online since January 2022 |
| New Mexico | Retail at tribal casinos only |
| Oklahoma | Not legal |
| Arkansas | Legal, retail since 2019 and online since March 2022 |
Will DraftKings become legal in Texas?
Not soon. The regular session begins January 12, 2027. Sports betting and casino gambling would need legislative votes and a constitutional amendment approved by Texas voters, and past bills have stalled. Prediction markets are the more likely topic in 2027 because of the Senate interim study. We track changes in our gambling and betting guides.
Frequently asked questions
Is DraftKings legal in Texas?
Partly. Texas has no licensed DraftKings sportsbook or casino. DraftKings daily fantasy contests are reported as available, but no Texas law approves them, and a 2016 Attorney General opinion said paid daily fantasy is likely illegal gambling under Penal Code § 47.02.
Is DraftKings allowed in Texas for sports betting?
No. Texas has not legalized sports betting, online or in person, and licenses no sportsbook. Legalizing it would take new legislation and a vote by the people if casino style gambling is involved. The earliest chance is the session that begins January 12, 2027.
Is DraftKings Casino legal in Texas?
No. Texas has no licensed online casino. The state allows only a limited list of gambling, including the state lottery, charitable bingo and raffles, and pari-mutuel racing. Tribal casinos operate under federal law. Online slots and table games from any company fall outside that list.
Is DraftKings Pick6 legal in Texas?
It is unsettled. Pick6 is a paid pick’em contest, and Texas defines a bet broadly, including a wager decided partly by chance. No Texas court has ruled on pick’em games. Check the app’s terms to see whether it currently accepts Texas players.
Is DraftKings Predictions legal in Texas?
Texas has not decided. The Texas Tribune reported in May 2026 that DraftKings launched a prediction market product that accepts Texans’ money. These products operate under federal commodities rules, and the Senate was told in March 2026 to study them before the 2027 session.
Is Fliff legal in Texas?
It is unsettled. Fliff uses virtual coins and a sweepstakes style currency instead of direct cash bets. No Texas statute or court ruling approves or bans it, and review sites that call it legal cite no Texas authority. The broad definition of a bet in Penal Code § 47.01 is the main risk.
Can I be arrested for using DraftKings in Texas?
Technically a bet is a Class C misdemeanor with a fine of up to $500. I found no report of a Texas player charged for using a national fantasy app. Enforcement targets people who run gambling operations, but that is discretion, not protection.
What changed on this page
November 1, 2026: Published and verified against current Texas law. Covers the DraftKings sportsbook, casino, daily fantasy, Pick6 and Predictions, Fliff, penalties and the 2027 session.
If this affects you: if you have been charged with a gambling offense, speak with a Texas-licensed criminal defense attorney before your first court date. If you have a dispute with a betting or fantasy app, you can contact the Texas Attorney General’s consumer protection division, though out-of-state operators can be hard to reach. If gambling is causing harm, the National Council on Problem Gambling runs a 24-hour helpline at 1-800-522-4700. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.
