No, DraftKings is not fully legal in Texas for traditional sports betting or online casino gambling. But yes Texans can legally access DraftKings for Daily Fantasy Sports (DFS), depending on interpretation of Texas law. The legal situation can feel confusing because Texas treats gambling differently than many other states and DraftKings offers multiple products not all of which are treated the same under the law.
DraftKings is one of the largest online gaming and sports entertainment companies in the U.S., known for sports betting, daily fantasy contests, and online casino play in states where those activities are legal. While millions of Americans use DraftKings legally in licensed jurisdictions, Texas remains one of the states with stricter gambling laws which directly affects what parts of DraftKings are allowed.
What Texas Law Says About Sports Betting and DFS
- Under Texas law, both online and in-person sports betting remain illegal in the state.
- DFS is treated differently: Adults (18+) can generally participate in DFS contests in Texas.
- Multiple bills to legalize sports wagering have been introduced, but none have passed.
- Key political resistance exists: Some Texas House Republicans announced they would oppose any gambling expansion, including sports betting.
What You Can and Cannot Do With DraftKings in Texas
What you cannot do:
- You cannot legally use DraftKings’ sportsbook or casino games in Texas, because the state has not legalized that type of wagering.
- You cannot assume any bonus or betting offer for sports wagering is legal in Texas.
What you can do:
- You can use DraftKings for daily fantasy sports contests in Texas (subject to terms of the app).
- If you choose to use DFS, always check that you are 18 or older and that the contest is properly run under the operator’s terms.
Why Texas Is Still Holding Off on Sports Betting
- Despite strong interest and potential revenue, Texas’ legislative environment remains hostile to legal sports betting. Courts say the state constitution requires a two-thirds legislative majority and voter approval for major gambling expansion.
- The absence of legalized sports betting means major operators like DraftKings must wait for full legislation rather than launching immediately in Texas.
What Texans Should Be Aware Of
- Even though DFS is legal, sports betting is not—so don’t assume a sportsbook feature in the app is legal in Texas.
- If you live in Texas and you see a “sports betting” version of DraftKings marketed locally, it is likely not authorizedunder Texas law.
- Any gambling promotions, online betting, or “skinny markets” offered by the app that target Texas users could carry legal and regulatory risks.
- Should Texas law change in the future to permit sports betting, the rules, licensing and age requirements will matter — but as of 2025, nothing is in effect yet.
- If you’re using a DFS platform, keep your activity responsible: treat it as a game of skill (as the operator claims) and know what you’re entering.
Final Take
In Texas, DraftKings’ sports betting and casino services are not legal to use. But its daily fantasy sports offerings are permissible for Texas residents aged 18 or older. If you want to place traditional wagers on the outcome of games or teams, you’ll have to wait until Texas changes its laws. Until then, proceed with the DFS portion only, and be cautious about anything that looks like sportsbook gambling in the state.
