Texas joins the list of states that debate the legality of real money online gaming

The Flag of Texas

The online gaming world is under threat yet again as it faces the heated wrath of General Ken Paxton – the attorney of Texas. This isn’t great news for the 2 million residents of the state who actively enjoy Daily Fantasy Sports (DFS).

Ken Paxton, General Texas Attorney

According to the Texas attorney general, DFS is “prohibited gambling.” The general states that the game has an element of luck, however small, rendering it no different to that of gambling. He harbours an opinion – not dissimilar to others who criticise DFS – that it involves very little or no skill.

“It is beyond reasonable dispute that daily fantasy leagues involve an element of chance regarding how a selected player will perform on game day. The participant’s skill in selecting a particular player for his team has no impact on the performance of the player or the outcome of the game.”

Check out the official letter addressed to ‘The Honorable Myra Crownover Chair’ here (PDF).

Paxton’s argument is that, regardless of how skilful a person is at choosing the right player, things that are completely out of anyone’s control could affect the game. This could be due to unforeseen weather conditions, a freak injury, or a player’s performance impacted by the “state of the game equipment.”

Paxton’s final summary is that “Because the outcome of games in daily fantasy sports leagues depends partially on chance, an individual’s payment of a fee to participate in such activities is a bet.”

The future – is it in danger?

DFS has been under the firing line for a while now. It seems that the scrutiny it’s facing is only becoming worse, the most notable being the ongoing dispute within the New York State, where two of the biggest fantasy sites, FanDuel and DraftKings were closed down momentarily.

The sites, however, are putting up a good fight – so far they’re still operating in Texas and New York . If the opposition is coming from the likes of Paxton (who was once against the legalisation of gay marriage), then the DFS world is in no real danger.

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