A bill introduced on Wednesday in the Texas Legislature would legalize those 'Daily Fantasy Sports Games' like Fan Duel and Draft Kings, overturning a Texas Attorney General's ruling in 2016 that the games are illegal and violate Texas gambling laws, News Radio 1200 WOAI reports.
"HB 1457 will clarify a confusing and ambiguous law and affirm that fantasy sports are legal in Texas," State Rep. Richard Raymond (D-Laredo) told News Radio 1200 WOAI. "The government should not be limiting the freedom of Texans to participate in fantasy sports contests, which are clearly a game of skill, not chance."
That was one of the issues that prompted Attorney General Ken Paxton to rule the games are illegal gambling.
He said the players have no 'control over the outcome,' and rejected arguments by Fantasy Sports that the games are like 'fishing tournaments,' where people pay money in hopes of catching a huge fish and winning a prize.Fantasy sports involve forming a 'team' made up on individual players based largely on their statistics, and the players win if the players they have 'drafted' to be on their team so well in games.
Supporters say unlike playing poker, which requires strategy skills but relies on the luck of the cads being drawn, fantasy sports players have to take into consideration things like the weather, whether the game will be played outdoors or in a dome, and how the players they 'draft' perform statistically against different teams, all of which involves skill.
Raymond's bill immediately picked up several co-sponsors, both Republicans and Democrats, including State Rep. John Kuempel of Seguin.
"I am proud to support legislation that protects Texans' right to participate in fantasy sports contests, while preventing unnecessary government involvement in Texans personal lives and pocketbooks," Kuempel said.
Much of the argument in favor of Fantasy Sports is a personal freedom argument, that the state should not be micromanaging people's lives to the point where it is telling them how best to enjoy a sporting event.
"The Texas Fantasy Sports Alliance applauds Rep. Raymond for proposing legislation that clarifies the right of Texans to play fantasy sports, while also providing consumer protects, and allowing this growing industry to proper in Texas," Scott Dunaway, spokesman for the TFSA, said.
footballMore than a dozen states have passed laws that clarify that Fantasy Sports are legal and are not gambling.