Communicating Gambling Information: Texas Penal Code §47.05

The Texas Communicating Gambling Information law gives police the right to arrest you if they believe you communicated information on betting, betting odds, or changes in betting odds with the intention of furthering some kind of gambling activity.

The Texas legislature codified this criminal offense in Texas Penal Code Section 47.05. The legislature did not update this law in 2023. In fact, this statute has not been amended since 2017, when the legislature made a nonsubstantive reference update.

Learn more about other gambling laws here.

The Penal Code classifies the Texas Communicating Gambling Information law under Title 10 “Offenses Against Public Health, Safety, And Morals,” Chapter 47 “Gambling.” Learn more about the Texas offense of Communicating Gambling Information below.

What is the current Texas law about Communicating Gambling Information?

The current Texas law defines the offense of Communicating Gambling Information in Penal Code Section §47.05 as follows:^[1]

(a) A person commits an offense if, with the intent to further gambling, he knowingly communicates information as to bets, betting odds, or changes in betting odds or he knowingly provides, installs, or maintains equipment for the transmission or receipt of such information.

What are the other gambling laws?

The Communicating Gambling Information law is only one of the crimes related to gambling in Texas.

Other criminal offenses in Texas related to gambling include:

• PC 47.02 – Gambling
• PC 47.03 – Gambling Promotion
• PC 47.04 – Keeping a Gambling Place
• PC 47.06 – Possession of Gambling Device, Equipment, or Paraphernalia

How can I be charged with a Communicating Gambling Information offense in Texas?

You can be charged with Communicating Gambling Information in Texas if the state’s attorneys believe that each of the elements of 47.05(a) as described in the section above have been met.

What is the statute of limitation for Communicating Gambling Information in Texas?

As a misdemeanor, Communicating Gambling Information charges have a two-year limitations period.^[2]

What is the penalty for a Texas Communicating Gambling Information offense?

A conviction for Communicating Gambling Information in Texas is punished as a Class A misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $4,000 and jail time of up to one year. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Communicating Gambling Information in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Communicating Gambling Information, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[5]

What level of crime is Communicating Gambling Information in Texas?

The Penal Code classifies Communicating Gambling Information as a Class A misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §47.05. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §47.05(c)^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure