Is Draftkings Legal In Texas

James Lopez
September 8, 2023
Is Draftkings Legal In Texas


Is Draftkings Legal In Texas: The intersection of sports betting, gaming, and the law has become increasingly complex in recent years, particularly with the rise of daily fantasy sports (DFS) platforms like DraftKings. Texas, known for its stringent gambling laws, finds itself at the centre of a legal debate concerning the legality of DraftKings and similar DFS operators. 

DraftKings, a prominent player in the DFS industry, has garnered immense popularity across the United States, allowing users to assemble virtual sports teams and compete for cash prizes based on the real-life performance of athletes. However, its status in Texas has been far from straightforward, as the state’s stance on DFS has evolved over time.

In 2016, Texas Attorney General Ken Paxton issued an opinion asserting that DFS contests constituted illegal gambling under Texas law. This opinion raised significant questions about the viability of DFS platforms like DraftKings in the Lone Star State. Despite this, DraftKings continued to operate in Texas, and no widespread legal actions were taken against the company.

Since then, there have been ongoing legislative efforts in Texas to clarify the legal status of DFS. Several bills have been introduced, seeking to regulate and potentially legalize DFS activities within the state. These legislative efforts have left the legal landscape surrounding DraftKings in Texas in a state of flux.

This introduction serves as a starting point for delving into the nuanced and evolving legal debate surrounding DraftKings in Texas. The subsequent discussion will explore the historical context, legal opinions, and potential legislative changes that have shaped the current state of affairs regarding DraftKings’ legality in Texas. 

How to get DraftKings to work in Texas?

How to play DraftKings in a restricted state? You can play DraftKings in a restricted state, like Florida or Texas, by using a reliable VPN. VPNs, like NordVPN, can change your IP within seconds by helping you connect to one of the licensed countries’ servers.

The legal status of DraftKings and similar daily fantasy sports (DFS) platforms in Texas was uncertain, and the platform’s availability often depended on the evolving legal landscape. Here are some general tips on how to potentially access DraftKings in Texas, but please keep in mind that the situation may have changed since then.

  • Check the Legal Status: First and foremost, it’s essential to verify the current legal status of DraftKings in Texas. Laws and regulations can change, so consult local authorities or legal experts to understand the latest developments.
  • Geolocation: DFS platforms like DraftKings often use geolocation technology to determine a user’s location. If DraftKings is legally available in parts of Texas, ensure that your device’s location settings are accurate. Disable any VPN or location-masking services that might interfere with this.
  • Travel to a Permitted Area: If DraftKings is available in specific regions or jurisdictions within Texas, you could access it by physically traveling to those areas where DFS is legally permitted. However, this may not be a practical solution for everyone.
  • Wait for Legalization: Keep an eye on legislative developments. If there is an ongoing effort to legalize DFS in Texas, it might be a matter of time before you can access DraftKings legally throughout the state.
  • Use Alternative Platforms: While DraftKings might not be accessible, there might be other DFS platforms or similar alternatives that are operating legally in Texas. Explore these alternatives to participate in fantasy sports legally.
  • Stay Informed: Stay informed about news and updates related to DFS legislation in Texas. Legal situations can change quickly, and being aware of any changes or new regulations can help you navigate the situation.

It’s crucial to emphasize that compliance with local laws and regulations is essential when accessing any online gambling or DFS platform. Engaging in illegal gambling activities can have legal consequences. To ensure you’re on the right side of the law, consult legal experts or authorities in your area for guidance on using DraftKings or similar platforms in Texas.  

Can Texas residents use DraftKings sportsbook?

Bettors cannot use DraftKings Sportsbook, as the Lone Star State has not legalized sports betting in Texas. However, the DraftKings DFS product is available for Texas residents, and they are free to sign up and dive into the world of daily fantasy sports.

The legal status of DraftKings Sportsbook and its availability to Texas residents was uncertain. Texas has historically maintained strict gambling laws, which can significantly impact the accessibility of sports betting platforms like DraftKings Sportsbook. Here’s what you need to know about the situation:

  • Texas Gambling Laws: Texas has been known for its conservative approach to gambling. While there have been efforts to expand gambling options in the state, including sports betting, the legislative process has been slow.
  • Federal Laws: The federal law, the Professional and Amateur Sports Protection Act (PASPA), was overturned by the Supreme Court in 2018, allowing individual states to legalize sports betting if they choose to do so. Some states have embraced this change and legalized sports betting, while others have not.
  • DFS vs. Sports Betting: It’s important to distinguish between daily fantasy sports (DFS) and sports betting. DraftKings initially gained popularity as a DFS platform, and its legality in Texas has been a subject of debate. However, the availability of DraftKings Sportsbook, which offers traditional sports betting, may be even more restricted in states with strict gambling laws like Texas.
  • Check for Updates: Since the legal landscape regarding sports betting can change rapidly, it’s essential to check for any updates or changes in Texas gambling laws. 
  • Alternative Options: If DraftKings Sportsbook is not accessible in Texas due to legal restrictions, residents may explore alternative sports betting platforms that are legally available in the state or consider traveling to neighboring states where sports betting is legal.
  • Legal Consultation: To ensure compliance with state and federal laws, individuals in Texas who are interested in using DraftKings Sportsbook or engaging in sports betting should consult legal experts.

The legality of DraftKings Sportsbook in Texas was uncertain due to the state’s strict gambling laws. Texas residents interested in using the platform should monitor any legal developments, consult legal experts, and be aware of alternative options for sports betting within the state. However, it’s crucial to verify the current legal status of sports betting in Texas since the situation may have changed.

Can I use DraftKings in Texas with VPN?

Use the large “Connect” button to set up a VPN tunnel and create a secure connection. Without closing the ExpressVPN app, open DraftKings and enjoy your experience just like you usually would. If DraftKings doesn’t work, change to another VPN server. You will be able to find one that works.

In recent years, the world of online sports betting and daily fantasy sports has seen a surge in popularity. DraftKings, one of the prominent names in this industry, offers users the chance to engage in sports betting, fantasy sports, and online gaming. However, the legal landscape surrounding online gambling and sports betting varies from state to state in the United States, including Texas. Many Texans wonder whether they can use DraftKings in the Lone Star State with the help of a VPN (Virtual Private Network).

The legality of online sports betting and fantasy sports in Texas was somewhat restrictive. Sports betting was not legal, and fantasy sports were only allowed if certain conditions were met. Since laws can change, it is essential to check the latest legal status of online gambling and sports betting in Texas before proceeding.

Using a VPN to access DraftKings from Texas or any other location can be a complex issue. While a VPN can hide your physical location and make it appear as though you are accessing the internet from a different place, DraftKings and similar platforms often have measures in place to detect and block VPN usage. This is because they are obligated to adhere to the laws and regulations of the states where they operate. Attempting to use a VPN to bypass these restrictions may result in your account being suspended or banned.

Additionally, it’s crucial to consider the ethical and legal implications of using a VPN to access online gambling platforms in states where it is not allowed. While VPNs can provide privacy and security benefits, using one to engage in activities that are prohibited by law may lead to legal consequences.

If you are interested in using DraftKings or similar platforms in Texas, the best course of action is to stay informed about changes in the state’s gambling laws. Legislation regarding online gambling can change over time, and Texas may eventually legalize sports betting or expand its regulations regarding fantasy sports.

The use of DraftKings in Texas with a VPN is a complicated matter due to the ever-changing legal landscape of online gambling and sports betting. It is essential to be cautious and aware of the potential risks and legal consequences. Always verify the current legal status of online gambling in your state and consider alternative options for entertainment if necessary.

How do I get my DraftKings location to work?

How to share location data when using the DraftKings Android Mobile App

  • Turn on Location Services and Allow Location Sharing: Go to Settings > Scroll down to Location > ON.
  • Select App access to location.
  • Choose DraftKings from the list of apps. Select the option “Allow only while using the app”

DraftKings, a popular platform for daily fantasy sports and sports betting, relies on geolocation services to ensure that users are within legal boundaries when accessing their services. If you’re facing issues with DraftKings not recognizing your location or having trouble with geolocation, here are steps you can take to address this problem.

  • Enable Location Services on Your Device: Ensure that location services are enabled on your device. On most smartphones or tablets, you can do this by going to your device settings and turning on location services for the DraftKings app. For desktop or laptop users, you may need to enable location services through your web browser settings.
  • Update the DraftKings App: Make sure you are using the latest version of the DraftKings app. Outdated versions may have compatibility issues with current geolocation services. Visit your app store (e.g., Apple App Store or Google Play Store).
  • Check Your Device’s Location Accuracy: Verify that your device’s location accuracy is set to high. Some devices have settings that allow you to adjust location accuracy to save battery life. DraftKings may require high accuracy to pinpoint your location accurately.
  • Clear Cache and Cookies: Over time, cached data and cookies in your web browser can interfere with geolocation services. Clearing your browser’s cache and cookies can help resolve location-related issues. This option is typically found in your browser settings.
  • Disable VPN or Proxy Servers: If you are using a VPN (Virtual Private Network) or a proxy server, DraftKings may detect it and block access. Disable any VPN or proxy services while using DraftKings, as these can interfere with geolocation accuracy.
  • Check for Location Spoofing Software: Some third-party apps or software can manipulate your device’s location. Ensure you don’t have any such software installed, as it can lead to geolocation errors.
  • Use a Different Internet Connection: If you are still encountering issues, try connecting to a different Wi-Fi network or mobile data. Sometimes, your current network may have restrictions or issues that affect geolocation accuracy.
  • Contact DraftKings Support: If none of the above solutions work, reach out to DraftKings’ customer support for assistance. They may be able to provide specific guidance or troubleshoot the issue on their end.
  • Comply with Legal Requirements: Keep in mind that DraftKings must adhere to the laws and regulations of the state or jurisdiction you are in. If your location is not within an authorized area for sports betting or fantasy sports, you may not be able to access DraftKings services even if you resolve the geolocation issue.
Is Draftkings Legal In Texas

Is DraftKings Sportsbook legal in Texas?

DraftKings Sportsbook is not legal in Texas, but players are free to sign up for the company’s Daily Fantasy Sports platform. DraftKings Sportsbook is expected to come to Texas once legal online sports betting is allowed in The Lone Star State.

Here are some key points to consider regarding the legality of DraftKings Sportsbook in Texas:

  • Texas Gambling Laws: Texas has traditionally had strict laws against most forms of gambling. While the state allows for certain forms of gambling, such as horse racing and the Texas Lottery, it has not historically allowed for casino gambling or sports betting.
  • Daily Fantasy Sports (DFS): In the past, Texas has allowed daily fantasy sports (DFS) contests, and platforms like DraftKings operated legally in the state for DFS purposes. However, this does not necessarily extend to sports betting.
  • Sports Betting Legalization Efforts: There were discussions and proposals in the Texas legislature to consider legalizing sports betting, both in-person and online. However, no comprehensive sports betting bill had been passed into law in Texas by that time.
  • Check for Updates: Given the evolving nature of gambling laws and regulations, it’s essential to check the most current information regarding the legal status of sports betting and DraftKings Sportsbook in Texas. 
  • Geolocation Restrictions: Even in states where online sports betting is legal, platforms like DraftKings Sportsbook typically use geolocation technology to ensure that users are within the state’s borders when placing bets. This helps enforce state-specific regulations.

DraftKings Sportsbook was not legally operational in Texas. Texas had some of the strictest laws regarding gambling and sports betting in the United States at that time. The state did not have any legal provisions in place for online sports betting or sportsbooks. In fact, Texas had not yet passed any legislation to legalize sports betting, and there were no licenses issued to operators like DraftKings to offer their services within the state.

However, the legal landscape surrounding sports betting can change rapidly, and many states were considering or in the process of updating their laws to allow for regulated sports betting. 

Keep in mind that even if Texas were to legalize sports betting, it doesn’t guarantee that all sports betting operators, including DraftKings, would immediately start offering their services in the state. Each operator would need to apply for licenses and meet regulatory requirements before launching in a new market.

Can I participate in DraftKings’ daily fantasy sports contests from Texas?

Yes, you can participate in DraftKings’ daily fantasy sports contests if you are located in Texas. DFS is considered a game of skill and has a distinct legal status compared to traditional sports betting. Ensure you meet the age requirements and comply with any other relevant regulations.

Participating in DraftKings’ daily fantasy sports (DFS) contests from Texas was indeed permitted. At that time, Texas, like many other states, considered DFS to be a legal and distinct form of gaming that was not subject to the same restrictions as traditional sports betting or casino gambling.

The legal status of DFS in Texas was largely due to a specific exemption in the state’s gambling laws. This exemption recognized DFS as a skill-based game rather than a game of chance, which made it permissible under state law. As a result, residents of Texas were able to create fantasy sports lineups, join contests, and compete for prizes on platforms like DraftKings.

To ensure you’re participating in DraftKings’ DFS contests in compliance with Texas law, consider the following:

  • Monitor Legal Updates: Stay informed about any developments in Texas’ gambling laws, especially those related to DFS. Laws can change, and it’s essential to be aware of any new regulations or restrictions that may arise.
  • Review DraftKings’ Terms and Conditions: Carefully read the terms and conditions on DraftKings’ platform, as they may include specific information about eligibility and restrictions based on your location.
  • Contact Customer Support: If you have any doubts or questions about participating in DraftKings’ DFS contests from Texas, reach out to their customer support for clarification. They can provide guidance and address any concerns you may have.
  • Consult Legal Counsel: If you want a comprehensive understanding of the legal aspects surrounding DFS in Texas or have concerns about your participation, consider consulting with legal counsel experienced in gaming and gambling laws in the state.
  • Practice Responsible Gaming: Regardless of the legal status, always practice responsible gaming. Set limits on your spending, play within your means, and be mindful of the potential risks associated with any form of gambling or gaming.

Can I play casino games or bet on sports through DraftKings in Texas?

Online sports betting and online casino gambling were not legal in Texas. Therefore, you cannot use DraftKings for these purposes in Texas. Keep an eye on legislative developments as laws may change in the future.

In Texas, the gambling laws were historically quite strict, with limited forms of gambling allowed. However, there have been ongoing discussions and proposed bills related to expanding gambling options in the state, including sports betting and casino games.

Texas had not yet legalized sports betting or online casino gambling. DraftKings, which primarily operates in the sports betting and daily fantasy sports (DFS) sectors, could not offer traditional casino games in the state. They would have only been able to operate in Texas if legislation was passed specifically permitting their services.

Additionally, even if sports betting or online casino gambling becomes legal in Texas, you should ensure that you are of the legal gambling age and comply with any other requirements set forth by the state’s gaming commission or regulatory authority.

Sports Betting: Texas had been exploring the possibility of legalizing sports betting, but no legislation had been passed by that time. If Texas were to legalize sports betting, it could open up opportunities for platforms like DraftKings to offer their sports betting services to residents of the state. However, it’s crucial to verify the latest legal developments in Texas since the situation can change.

Online Casino Games: Traditional casino games, such as slots, poker, and table games, were not legally available online in Texas at that time. DraftKings primarily focused on daily fantasy sports (DFS) and sports betting, so they wouldn’t have been able to offer online casino games unless the state’s laws changed.

If you’re interested in using DraftKings or any other online gambling platform in Texas, ensure that you adhere to state regulations and verify your eligibility to participate in such activities.

What are the age restrictions for using DraftKings in Texas?

The age requirement for participating in DraftKings’ daily fantasy sports contests is typically 18 years old or older. However, it’s crucial to check DraftKings’ terms of service and any applicable state regulations, as age requirements may vary.

DraftKings, a popular daily fantasy sports and sports betting platform, had specific age restrictions for users in Texas, which are in line with the legal gambling age requirements in the state. In Texas, the legal gambling age is 21 years old. This means that to use DraftKings for any real-money sports betting or daily fantasy sports contests that involve monetary stakes, individuals must be at least 21 years of age.

The age restriction is not unique to DraftKings; it’s a legal requirement mandated by the state of Texas. The purpose of this age restriction is to ensure that individuals using the platform for sports betting or participating in daily fantasy sports contests are of a mature age and can make responsible decisions regarding gambling and wagering. It also helps prevent minors from engaging in gambling activities.

It’s essential to note that these age restrictions are enforced strictly, and DraftKings, like other licensed gambling operators, takes measures to verify the age of its users. During the registration process, users are typically required to provide their date of birth and other personal information. DraftKings may also use third-party age verification services to confirm the age of users, ensuring that only those who are 21 or older can access real-money contests and sports betting.

Failure to comply with the age restriction can result in serious consequences, including account suspension, loss of funds, and legal penalties. Therefore, it’s crucial for users in Texas to provide accurate information and confirm their eligibility before participating in any real-money activities on the platform.

The age restrictions for using DraftKings in Texas are aligned with the state’s legal gambling age, which is 21 years old. To participate in real-money sports betting or daily fantasy sports contests on DraftKings in Texas, users must be at least 21 years of age, and strict measures are in place to verify the age of users to ensure compliance with this requirement. 

Is Draftkings Legal In Texas

Is DraftKings actively working to legalize sports betting in Texas?

DraftKings, along with other industry stakeholders, has shown interest in legalizing sports betting in various states, including Texas. They may engage in advocacy efforts to support legislative changes. To stay informed about their efforts and the legal status of sports betting in Texas.

DraftKings, along with other sports betting companies and industry advocates, was actively working to legalize sports betting in Texas. The efforts to legalize sports betting in the state were part of a broader trend across the United States, where many states were revisiting their gambling laws to allow for regulated sports betting, both in-person and online.

DraftKings, as a prominent player in the sports betting industry, had a vested interest in expanding its operations to Texas, a state with a large sports fan base. The company, like others in the industry, recognized the potential for growth and revenue in a regulated Texas sports betting market. To achieve this goal, DraftKings was likely involved in lobbying efforts, partnerships with local stakeholders, and public advocacy campaigns to promote the benefits of legal sports betting.

The legalization of sports betting in Texas depends on various factors, including legislative priorities, public opinion, and the political climate. Different bills and proposals related to sports betting and gambling regulation were being discussed in the Texas legislature at that time, but the outcome was uncertain.

DraftKings was actively working, alongside other stakeholders in the industry, to promote the legalization of sports betting in Texas. The company recognized the potential opportunities in the Texas market and was likely involved in advocacy and lobbying efforts to support its expansion into the state. However, the status of sports betting legalization can change rapidly.

Can I access DraftKings from my mobile device in Texas?

You can access DraftKings’ DFS platform and related content via a mobile device in Texas. However, you may not be able to access sports betting or online casino features due to the legal restrictions mentioned earlier.

DraftKings offers a user-friendly mobile app that is available for both iOS and Android devices, making it convenient for users to participate in daily fantasy sports contests and, where legal, sports betting while on the go.

The DraftKings mobile app provided a seamless and optimized experience for users who preferred using their smartphones or tablets to access the platform. It allowed you to create and manage your account, enter contests, among other features. The app was designed to be user-friendly and responsive, ensuring that you could enjoy the full DraftKings experience from your mobile device.

However, it’s important to note that the availability and functionality of the DraftKings app can be subject to change, and the ability to access the app in Texas may depend on the state’s specific regulations regarding online sports betting and daily fantasy sports.

To ensure that you can access DraftKings from your mobile device in Texas and that you are in compliance with any relevant laws and regulations. The legal landscape for online gambling, including daily fantasy sports and sports betting, can change over time, and state-specific regulations may evolve.

Here are some steps to follow:

  • Check the DraftKings Website: Visit the official DraftKings website and look for information regarding the availability and legality of their services in Texas.  
  • Verify State Regulations: Be aware of the current regulations in Texas regarding online gambling, daily fantasy sports, and sports betting. Regulations can change, so it’s crucial to stay informed about the legal status.
  • Download the App: If DraftKings’ mobile app is available in Texas and complies with state regulations, you can download it from the official app stores (Apple App Store for iOS devices and Google Play Store for Android devices).
  • Responsible Gaming: Always remember to gamble responsibly and within your means. DraftKings offers tools to help users manage their gaming activity, including setting deposit limits and self-exclusion options.

Are there any penalties for using DraftKings for illegal gambling activities in Texas?

Engaging in illegal gambling activities, such as online sports betting or casino gambling in Texas, can result in legal consequences. It’s essential to comply with state laws to avoid potential penalties.

Using DraftKings for illegal gambling activities in Texas, or in any other jurisdiction where such activities are prohibited, can have serious legal consequences. Texas had specific laws and penalties related to illegal gambling, and these could apply to individuals who engage in unauthorized gambling activities through platforms like DraftKings. 

In Texas, gambling laws are generally restrictive, and the state prohibits traditional forms of gambling like casino gambling and sports betting. While daily fantasy sports contests were allowed in Texas at that time, other forms of online gambling, including sports betting, were not yet legalized.

Penalties for engaging in illegal gambling activities in Texas may include:

  • Fines: Individuals involved in illegal gambling activities could face fines, which can vary depending on the specific circumstances and the severity of the violation. These fines can be substantial and may increase for repeat offenders.
  • Criminal Charges: In some cases, engaging in illegal gambling activities may result in criminal charges, such as misdemeanors or felonies, depending on the extent of the involvement and the specific laws violated.
  • Confiscation of Assets: Authorities may seize assets associated with illegal gambling activities, including funds held in gambling accounts or assets purchased with gambling proceeds.
  • Probation: Some individuals convicted of illegal gambling may be placed on probation, which can involve certain restrictions and requirements.
  • Civil Penalties: Apart from criminal penalties, individuals involved in illegal gambling activities may also face civil penalties, including the forfeiture of winnings.

It’s important to emphasize that DraftKings, like other reputable gambling platforms, operates in compliance with applicable laws and regulations. They typically have strict terms of service that require users to abide by local laws and age restrictions. 

Users are expected to provide accurate information during registration and to participate in activities that are legally permitted in their jurisdiction. To avoid penalties related to illegal gambling activities, individuals in Texas should:

  • Familiarise themselves with Texas gambling laws: Understand the specific laws and regulations regarding gambling and gaming in Texas.
  • Comply with age restrictions: Ensure that you meet the legal gambling age requirement in your jurisdiction, which is 21 years old in Texas.
  • Use licensed and authorised platforms: If you wish to engage in online gambling or daily fantasy sports contests, use licensed and regulated platforms that are compliant with state laws.
  • Gamble responsibly: Always gamble within your means and seek help if you or someone you know is struggling with gambling addiction.

Engaging in illegal gambling activities using DraftKings or any other platform in Texas can result in various penalties, including fines, criminal charges, and asset confiscation. It’s crucial to be aware of and comply with state gambling laws to avoid legal consequences. Additionally, users should exercise responsible gaming practices and use authorized platforms for any gambling activities.

Is Draftkings Legal In Texas


The legality of DraftKings in Texas remains a complex and evolving issue. While daily fantasy sports (DFS) operators like DraftKings have gained immense popularity across the United States, Texas has been one of the states with stringent regulations against them.  

Texas has a history of strict gambling laws, and the state’s Attorney General, Ken Paxton, has previously issued an opinion that DFS constitutes illegal gambling under Texas law. However, this opinion did not result in widespread legal action against DFS operators, and DraftKings continued to operate in the state.

Since then, several bills seeking to regulate DFS have been introduced in the Texas legislature, but their progress has been slow and uncertain. The legal landscape for DFS in Texas may have evolved, so it is essential to consult the most recent legal sources and news for the latest developments.

It’s important to note that legal opinions and regulations surrounding online gambling and DFS can change rapidly, and they often vary from state to state. Therefore, individuals in Texas who are interested in participating in DFS should stay informed about the current legal status and any potential changes in regulations.

The legality of DraftKings in Texas is a topic marked by ambiguity and ongoing legal discussions. While the platform has operated in the state despite legal challenges. To make informed decisions regarding DraftKings and DFS in Texas, individuals should consult legal experts.

Author James Lopez