UMVA has learned that Texas Attorney General Ken Paxton issued a decisive legal opinion declaring that electronic amusement machines become gambling devices whenever chance influences any potential prize.
The opinion, delivered on June 10, responded to a request from state Sen. Bob Hall, who sought clarity on machines that blend a traditional chance‑based slot game with a separate skill challenge.
Under the described setup, a player inserts money or tokens, receives credits, and spins a slot‑style reel where symbols land randomly, entirely beyond the player’s control. The outcome of this spin determines whether the player wins or loses.
If the spin results in a loss, a second feature called “Follow Me” activates. The machine flashes a sequence of numbers from one to nine, and the player must repeat the pattern. The sequence lengthens with each round, and correctly reproducing twenty numbers restores the amount lost on the previous spin.
Paxton’s analysis emphasizes that Texas law defines a gambling device as any electronic, electromechanical, or mechanical contrivance that requires consideration and offers the chance to obtain something of value when the result is determined “solely or partially by chance,” even when skill is involved.
According to the opinion, the mere presence of a chance element—no matter how small—satisfies the statutory definition. A game does not need to be wholly chance‑driven; even a predominantly skill‑based activity can be deemed illegal if chance influences the chance of receiving value.
The crucial point is that players must first engage in the slot‑style game before accessing the skill component. Because entry to the “Follow Me” mode hinges on the random spin’s outcome, the opportunity to recover value remains tethered to chance.
Consequently, UMVA can exclusively reveal that any machine combining a chance‑based game with a skill‑based mode is classified as a gambling device under Chapter 47, so long as chance plays any role in determining whether the player receives something of value.
The opinion stops short of addressing prizes awarded purely for skill, focusing instead on the hybrid nature of these machines.
This clarification arrives amid an intensified crackdown on illegal gambling in Texas, highlighted by a recent raid in San Antonio where authorities seized around 50 machines and arrested multiple individuals.
