Texas attorney general has no business determining legality of daily fantasy sports


By: James C. Ho

Texans love football. For millions of us, that means not just watching football — but playing fantasy football, too.

State attorneys general in New York and Illinois, however, have taken controversial actions to prevent their citizens from playing fantasy sports. Texans are asking whether the same could happen here.

Based on my experience, it would be surprising if Texas followed suit, considering our laws, legal traditions, and stalwart opposition to prosecutorial abuse and executive overreach.

The Texas Legislature has expressly authorized games that offer prizes to “the actual contestants in a bona fide contest for the determination of skill.” These games are authorized even if they “partially” involve “chance.”

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