DFS OK With Texas Voters

A survey of 1,000 Texas voters indicated 81.3 percent would support legalizing, not banning, online fantasy sports sites in the state. Meanwhile, state Rep. Richard Pena Raymond sponsored a bill to classify DFS as a legal game of skill, not an illegal game of chance. State Senator Lois Kolkhorst sponsored a companion bill.

As Texas lawmakers discuss the pros and cons of legalizing online daily fantasy sports betting, a study commissioned by the Texas Fantasy Sports Alliance indicated 81.3 percent would support legalizing, not banning, online fantasy sports sites in Texas. The poll was conducted by the Parkside Group and McLaughlin and Associates of 1,000 Texas voters plus additional Republican primary voters.

The survey also found fantasy sports players would not vote for their state lawmaker if he or she wanted “to make it illegal to participate in online fantasy sports contests.” Of voters in Houston, 68 percent favor regulating online fantasy sports and 24 percent oppose it.

State Rep. Richard Pena Raymond’s House Bill 1457 recently passed a House committee hearing. The measure would classify DFS as a legal game of skill, not an illegal game of chance. Raymond said his legislation is a response to state Attorney General Ken Paxton’s non-binding opinion issued last year stating DFS was illegal gambling. In his opinion, Paxton said, “It is beyond reasonable dispute” that fantasy sports involve an element of chance. “Because the outcome of game in daily fantasy sports leagues depends partly on chance, an individual’s payment of a fee to participate in such activities is a bet.” Paxton added a court would most likely determine that DFS leagues such as those on FanDuel and DraftKings are illegal gambling.

Raymond said, “I feel like we shouldn’t even have to do this, but I think because of the attorney general opinion this just helps clarify what most people believe is already the case. I think that it’ll pass. I can’t tell you how many right now, but I think it has strong support.”

Earlier this month, a House committee voted 6-1 for a bill allowing Texans to play fantasy sports online without repercussions.

A Senate companion bill sponsored by state Senator Lois Kolkhorst remains in committee while Kolkhorst waits the outcome of Raymond’s legislation. “Overall, there hasn’t been a lot of attention in the Senate on it. I’ll take a real good look at it and see if it needs to be changed at all and see if we can garner the votes,” she said.