Paxton: Machines offering chance, skill modes still gambling devices

An amusement machine that offers both a chance-based game mode as well as a skill-based mode is still a gambling device, according to Attorney General Ken Paxton.

Back in March, state Sen. Bob Hall submitted an opinion requesting, asking whether an amusement machine is considered a gambling device within the meaning of Texas Penal Code Section 47 when it offers both a chance-based game mode and skill-based game mode.

He also asked, as a matter of law, can a game of skill award a prize in an amount greater than $5 in value.

“A wide array of electronic amusement machines purporting to be pure skill-based games are available across the state of Texas,” the request states. “Video slot machines are well understood to qualify as illegal gambling devices pursuant to established jurisprudence. Yet games of skill are exempted under Texas Penal Code under some circumstances.

“Texas has a long history of prohibiting gambling. Any effort to circumvent our state’s interest in protecting the heal...