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Student Organization Manual
Casino Night Policy
This policy provides guidelines, procedures, and minimum requirements for chartered student organizations to sponsor casino nights on the property of Texas Woman's University, without violating specific provisions of the Texas Penal Code 47.02 regarding the prohibitions against gambling.
Three Basic Elements
In Texas, three basic elements comprise the offense of gambling: consideration, chance, and prize . The legal meaning of "bet" involves not only the ultimate winning of something of value but also the initial giving or agreement to give something of value. Groups that conduct "casino nights" with all three elements present can be found in violation of Texas Penal Code 47.02 and legal action can be taken by local law enforcement agencies.
Consideration
If there is an admission charge for the event then there is an element of consideration . A "casino nights" format in which no guest is required to part with anything of value to participate in games of chance lacks the consideration element of the offense of gambling. Therefore, if there is no admission charge for the event and all guests are given gaming pieces (chips or gaming money) there is no consideration .
Chance
Since the object of the "casino night" is to play games of chance , it is difficult to completely eliminate this element. As stated previously, the penal code is not violated if one of the three elements is absent. Therefore, the element of chance does not have to be removed from the games when either consideration or prize is absent.
Prize
A prize is something offered that has a value. Certificates or trophies having no resale value would not be considered prizes . If there is no charge for the gaming pieces then prizes of value can be auctioned or given away based on winning.
Suggested Formats For "Casino Nights"
- Element of Consideration Missing - No admission charge; anyone can play.
- Element of Chance Missing - Substitute games of chance with games of skill.
- Element of Prize is Missing - Door prize drawing during or at end of event. Award certificates or trophies to high stake winners.
Summary
A "casino night" format in which no person gives or promises to give anything of value, i.e., no admission charge, in order to participate lacks the element of consideration that is essential to the offense of gambling under section 47.02 of the Texas Penal Code. Opinion No. JM-412 dated December 31, 1985, Jim Mattox, Attorney General of Texas. In other words, you can auction prizes as long as there is no charge for playing.
If there is an admission charge for the "casino night" there cannot be an auction for prizes (such an activity establishes value to the gaming pieces and consequently the prizes, thus violating the penal code); or the prizes given must be of no value (i.e. trophies or certificates).
*This is not an attempt to give legal advice. Since the law is very technical, we suggest that you check the statue to be sure your organization does not violate the guidelines set forth in section 47.02 of the Texas Penal Code.
**Registration for door prize drawing must be separate from the admission charge.
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