Texas state Rep. Joe Moody’s bill 2303 that would legalize daily fantasy sports passed the House by 116-26 last year but died in the Senate.
His new bill, HB 393, is largely the same. It would define DFS as a game of skill and make it legal to win prizes. Since the legislature meets every other year, it wouldn’t be taken up until next year.
It would go into effect September 1, 2021.
The bill faces considerable opposition in the Texas Senate next year, just as it did last year.
Games of chance are illegal under Lone Star law. Currently the state Attorney General Ken Paxton considers DFS as gambling. Last year Paxton suggested that it might be time to change that.
He told the Austin American-Statesman, “The law itself in the penal code isn’t clear whether you can grab up the conduct of close to 4 million Texans and have it criminalized.”
Passing the bill would not pave the way for a DFS industry in Texas but would protect Texas residents who play DFS in out-of-state websites.
