Texas Gambling Legalization Faces Opposition from Attorneys

As gambling companies continue to push for legalization in Texas, the state’s political leadership remains a significant barrier, with four Republican candidates for attorney general signaling strict enforcement of existing gambling laws.

The Texas attorney general’s office is set to be open for the first time since 2014. Current Attorney General Ken Paxton is seeking a U.S. Senate seat in the 2026 Republican primary against incumbent John Cornyn. In the wake of his departure, four Republican candidates have outlined their positions on gambling, including two who are explicitly opposed to any expansion.

 

• Republican AG candidates oppose gambling expansion: Four GOP candidates for Texas attorney general have pledged to strictly enforce existing gambling laws, with at least two explicitly opposing any legalization of sports betting or casinos.

• Legalization efforts remain stalled: Despite ongoing lobbying from gambling companies and some softening from Governor Abbott, constitutional prohibitions and a GOP-controlled Legislature, led by Lieutenant Governor Dan Patrick, continue to block legalization.

• Prediction markets and enforcement focus: Candidates highlighted potential civil enforcement against entities like Kalshi that may mislead Texans about gambling legality, signaling that the attorney general’s office could play a key role in regulating emerging gambling-related platforms.

 

The Developments

Lieutenant Governor Dan Patrick, a long-time opponent of gambling, has repeatedly blocked legalization efforts by controlling what reaches the Senate floor. Despite a 2023 effort in which a House-passed sports betting bill reached the Senate, proponents suffered multiple setbacks during the 2025 legislative session. Under the Texas Constitution, gambling is broadly prohibited.

Aaron Reitz, assistant attorney general of the U.S. Department of Justice, said the attorney general must use “every tool available” to ensure compliance with Texas gambling laws. While he acknowledged the state’s inaction against prediction market operator Kalshi likely stems from “multiple constitutional, statutory and regulatory considerations,” he suggested the office could still pursue civil enforcement against entities misleading Texans about the legality of gambling offerings.

State Senator Joan Huffman, another Republican candidate, said she has opposed all efforts to expand gambling and would remain committed to enforcing existing laws. Similarly, U.S. Rep. Chip Roy emphasized his opposition to online and other forms of gambling, pledging to “pursue all litigation to enforce the law.” State Senator Mayes Middleton also stressed adherence to state law, pointing to a “consistent and clear record of holding unlawful gambling operations accountable.”

The debate over gambling in Texas extends beyond traditional casinos and sports betting. Prediction markets, which claim federal regulation by the Commodity Futures Trading Commission, have drawn scrutiny from multiple states. Lawsuits argue these markets may constitute illegal sports wagering, though Texas has yet to take formal action.

Efforts to legalize sports betting and casinos have recurred over several legislative sessions. The Texas Legislature meets only in odd-numbered years and will next convene in 2027. Governor Greg Abbott has historically opposed gambling but has recently softened his stance on sports betting. Patrick, however, maintains strict control over the Senate agenda, blocking bills without Republican support.

Political observers note that while Patrick is often viewed as the primary obstacle, the broader composition of the Senate may present a more complex barrier. Austin-based consultant Mike Lavigne told The Dallas Morning News, “If I was the Sands Corporation, I’d be trying to count my Senate votes and quit worrying about Dan Patrick. Patrick is not as big a problem as the rest of the Senate is. And if they had the votes in the Senate, Patrick wouldn’t be a problem.”

 

Our laws and Constitution are not suggestions.

 

The Future

Industry stakeholders remain active. The Texas Sports Betting Alliance, representing major sportsbook operators and professional sports teams, continues to advocate for legalization. Meanwhile, Las Vegas Sands Corp., Texas Sands PAC, and Houston Rockets owner Tilman Fertitta, the largest shareholder of Wynn Resorts, have invested millions in Republican campaigns, including contributions to Abbott and Patrick.

For now, the combination of constitutional constraints, a Republican-controlled Legislature, and attorney general candidates committed to strict enforcement suggests that the path to gambling legalization in Texas remains uncertain.