Office Pools & Super Bowl Squares in Texas: What Crosses the Line? (2026)
-
Martin Green
- February 1, 2026
Quick answer: It depends. Texas law provides a defense to prosecution for certain private, no-profit “social gambling”—but it only applies if you meet all legal conditions.
This page is general information, not legal advice.
The 3-part Texas test (the core rule)
Texas Penal Code 47.02’s social gambling defense requires all three:
- Private place (not public, not common areas)
- No economic benefit for anyone other than personal winnings (no cut/rake/fee)
- Equal risk / equal chance for all participants (aside from skill/luck)
If one of these fails, you lose the defense—even if “it’s just for fun.”
What counts as a “private place” in Texas?
Texas defines private place as somewhere the public does not have access to and specifically excludes (among others):
- streets/highways
- restaurants/bars/nightclubs
- schools/hospitals
- common areas of apartment houses, hotels, motels, and office buildings
- shops and transportation facilities
Why many “office pools” are legally awkward
If the pool is run in workplace common areas (break room, shared office space, lobby), that can be a problem because common areas of office buildings are explicitly excluded from “private place.”
What counts as “economic benefit” (the #1 way pools cross the line)
Texas requires that no person receives an economic benefit other than personal winnings.
Common examples that can break this condition:
- organizer keeps $1 per entry “for printing/admin”
- a bar or venue takes a house cut
- a manager takes a tip, “vig,” or rake
- the organizer always gets a “free square” or “free entry” funded by the pool
The Texas AG’s DFS opinion also discusses why a “house” taking a rake is inconsistent with the defense requirement that nobody receives an economic benefit other than personal winnings.
The “equal risk / equal chance” requirement (how squares should be structured)
The defense also requires that, except for skill/luck, everyone has the same risk of losing and same chance of winning.
Practical meaning for squares/pools:
- same buy-in for everyone
- same payout rules for everyone
- no special odds, handicaps, or “VIP” entries
- no organizer advantage baked into the format
Examples: “more likely to fit the defense” vs “more likely to fail”
| Scenario | Likely fits the defense? | Why |
|---|---|---|
| Friends at someone’s home do $10 Super Bowl squares, all money goes to winners | More likely | Private place + no cut + equal buy-in/payout. |
| Office squares board posted in a shared break room, organizer collects cash at work | Riskier | Office building common areas are excluded from “private place.” |
| Organizer keeps 10% “for running it” | Likely fails | Economic benefit beyond personal winnings. |
| Bar runs squares and keeps a portion of entries | Likely fails | Public venue + house benefit. |
When a “pool” starts looking like bookmaking
Texas defines “bookmaking” in ways that can capture organized, repeated bet-taking. For example, it includes receiving/recording/forwarding more than five bets in 24 hours, over $1,000 in bets in 24 hours, or a scheme by three or more persons to receive/record/forward bets.
Texas also treats “gambling promotion” (including bookmaking and holding bets “for gain”) as a separate offense category and classifies it as a Class A misdemeanor.
Translation: once someone is acting like “the house,” risk increases fast.
What Texans should do if they’re unsure
If you’re unsure whether your pool fits the defense, the safest move is to avoid running it and talk to a Texas attorney. This page is informational only.
For a full statewide legality breakdown:
Visit our Texas sportsbooks guide.
FAQs: Office pools & squares in Texas
Are Super Bowl squares legal in Texas?
They may fall under a defense only if the squares are run in a private place, nobody takes a cut, and everyone has equal risk/chances.
Are office pools legal in Texas?
Often riskier than people think, especially if run in office building common areas, which are excluded from “private place.”
Does charging an “admin fee” matter?
Yes. The defense requires no economic benefit other than personal winnings—fees/cuts can break the defense.
Can a bar run squares in Texas?
A bar is a public venue, and “private place” excludes restaurants/taverns/nightclubs; plus a house cut breaks the “no benefit” condition.
What if it’s just among friends?
Friend groups are the classic scenario where the defense can apply—if it’s private, no one profits, and everyone plays on equal terms.
Before entering journalism, Martin worked for five years at William Hill in London, gaining first-hand industry knowledge that now informs his betting insights and safety evaluations.
His reporting and analysis have been featured in major outlets including:
- The Independent
- USA Today
- The Sun
- Legal Sports Report
- PlayUSA
- SportsLine (CBS) — where he appears as "The Guru"
- BA in English Literature
- MA in Creative Writing
- Postgraduate journalism qualifications
