“Because the Lone Star Skill Game is designed for skill to determine the outcome, this device would not fall under the definition of a “Gambling Device.” In that regard, the device would simply be a game on which players could earn credits above and beyond those played based on skill, no different than a pinball machine or skeeball machine or any other kind of entertaining, skill-based game available for lawful play at numerous locations throughout Texas. Section 47 of the Texas Penal Code, the Gambling laws as they are commonly known, does not apply to these games.”
Lone Star Skill asked David Glickler, former Assistant Attorney General of Texas, and a renowned expert in the prosecution of gambling and gambling devices, to review and opine whether our game is compliant with Texas Law. Attorney Glickler concluded:
Since that initial opinion, numerous other gambling law experts and former Texas Prosecutors have analyzed our game and concurred with David Glickler’s conclusion that the game is legal in the state of Texas. A Texas District Court has also confirmed that the Lone Star Skill game, powered by Pace-O-Matic, is a legal game of skill and not a “gambling device” under Texas law. The judge specifically distinguished Lone Star Skill games from illegal gambling devices and made key findings of fact about the game, holding that,
“Because a skillful player has the ability to win on every play, at least 105% of the player’s consideration, chance plays no part in the award of a prize. Chance in the award of a prize is an essential element to finding that the Seized Games are gambling devices. Because chance plays no part in the award of a prize, the Seized Games are not gambling devices.”
IN RE: FIVE “LONESTAR SKILL MACHINES” AND $2,867.85 IN UNITED STATES CURRENCY, In the District Court for the 336th Judicial District, Fannin County, Texas, CV-23-46347, Findings of Fact and Conclusions of Law dated March 18, 2024, District Judge Blake.