Is Kalshi legal in Texas?

By Vardan KhachatryanLast updated: Litigation tracker

Yes. Kalshi is legal in Texas as a CFTC-regulated exchange, and every category is open, sports included. No Texas law, court order or lawsuit restricts it. The state is looking, though. A Senate committee is studying prediction markets before the 2027 session. Until lawmakers act, nothing changes for traders.

Kalshi in Texas

Under state review for sports contracts, with no restriction in force.

Sports contracts
Available, but contested
Other contracts
Available
Regulator
CFTC: a designated contract market (DCM) and derivatives clearing organization
Rulings and actions in Texas
None on record
Legal sports betting
None, apart from pari-mutuel racing
State income tax
None
Federal appeals court
Fifth Circuit: has not ruled on the question
Last change
September 15, 2026

Each entry on this page links the ruling or report it rests on. Nothing here is legal advice.

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Why Kalshi is legal in Texas

Kalshi is a federally regulated exchange. The CFTC designated it a contract market in 2020, the status futures exchanges hold.

Kalshi says that makes its contracts derivatives, which only the CFTC can police. So it operates in Texas without a state license.

Texas has not challenged that claim. It has sent Kalshi no cease-and-desist letter, filed no lawsuit and passed no law aimed at prediction markets.

Legal today is not the same as settled. Texas law makes a bet on a game or an election a misdemeanor. Whether an event contract counts is the open question.

What you can trade on Kalshi from Texas

Everything Kalshi lists: sports, politics, economics, crypto, culture and weather. You must be 18 or over and pass its ID checks.

Sports draw the most money. Kalshi lists game and season markets on the Cowboys, Texans, Astros, Rangers, Mavericks, Rockets, Spurs and Stars.

College football trades too, Longhorns and Aggies included. Texans trade a lot of it: Eilers & Krejcik found 43% of sports contract activity came from Texas and California.

Politics is busy this year. Texas elects a governor, a U.S. senator and an attorney general on November 3, 2026, and Kalshi lists all three.

Follow two of them live: Texas Senate odds and Texas governor odds.

Candidates cannot trade their own races. Kalshi fined a Texas congressional candidate $784 and banned him for five years for doing it.

How Kalshi works for Texas traders

Each Kalshi contract asks a yes-or-no question. A correct contract pays $1. A wrong one pays nothing.

So the price reads as a probability. A contract at 60¢ means the market gives the outcome about a 60% chance.

Take a Cowboys game with the Cowboys at 60¢. You buy 100 contracts for $60, and Kalshi's standard fee comes to $1.68.

A Cowboys win pays $100, a $38.32 profit after the fee. A loss costs you $61.68.

The other side of your trade is another trader, not a bookmaker. Kalshi collects its fee whoever wins.

Fees peak at 50¢ and fall toward 1¢ and 99¢. Our Kalshi fees guide lists every series.

What Texas has said about Kalshi

No Texas agency has acted against Kalshi. We found no cease-and-desist letter, no lawsuit and no regulator notice.

The pressure comes from the Senate. On March 27, 2026, Lt. Gov. Dan Patrick gave the State Affairs Committee a charge headed “Closing Gambling Loopholes.”

It asks senators to study “the sudden inundation of prediction market gambling.” It also targets the use of federal law to get around Texas gambling bans.

The charge names no company. The House has no matching charge.

Attorney General Ken Paxton has stayed out of it. Politico reported he did not join the multistate briefs other attorneys general filed against Kalshi.

Paxton is also this year's Republican nominee for the U.S. Senate, a race Kalshi lists.

The Texas Senate's review of Kalshi, explained

There is no Texas lawsuit against Kalshi. The live process is a Senate interim study, which can shape bills but cannot ban anything itself.

The charge has three parts. Study prediction markets, and examine how federal derivatives law meets state gambling law. Then recommend ways to protect “Texas elections and Texas sports.”

The State Affairs Committee, chaired by Sen. Bryan Hughes, took testimony on September 15, 2026. It was an interim hearing, so no vote was held.

Kalshi sent its head of enforcement. He warned a ban would leave “a bunch of customers in Texas just going offshore.”

The American Gaming Association urged senators to seek a geofencing order and sue in state court. The Kickapoo Traditional Tribe of Texas testified too.

So did the Texas Medical Association. Days earlier, it had urged the apps to raise their minimum age from 18 to 21.

Next comes the 90th Legislature, which convenes in January 2027. No report date is set, and any ban would need a new law.

What could change Kalshi's status in Texas

Three things could. The first is the Legislature. A 2027 bill could ban prediction markets or bring them under a state license.

Any such law would meet a federal fight. The CFTC has sued states that moved against the exchanges, including Arizona and Illinois.

The second is a lawsuit. Paxton leaves office in January 2027, and his successor could take Kalshi to court under state gambling law.

That would put the question to the Fifth Circuit, which has not ruled. The circuits that have are split: the Third for Kalshi, the Ninth and Sixth against.

The third is the Supreme Court. New Jersey has asked it to decide, and a ruling there would bind Texas too. Our litigation tracker follows each case.

Kalshi in Texas: timeline

Every change to Kalshi's position in Texas, newest first. Each entry links the record behind it.

The Senate State Affairs Committee heard testimony on prediction markets, including from Kalshi's head of enforcement. No vote was taken. Source
Lt. Gov. Dan Patrick told the Senate State Affairs Committee to study “prediction market gambling” before the 2027 session. Source
A sports betting amendment, HJR 134, went to the House State Affairs Committee. It never came out. Source
The CFTC designated Kalshi a contract market, the federal status it relies on in Texas. Source

How Kalshi compares to sports betting in Texas

Texas has no legal sportsbook, online or in person. Pari-mutuel wagering on horse races is the one form of sports wagering allowed.

Lawmakers keep trying. In May 2023, the House passed a sports betting amendment 101 to 42. The Senate never voted on it.

In 2025, the idea returned as HJR 134 and SJR 65. Both died in committee. Legalizing it takes a constitutional amendment and a statewide vote.

So Kalshi has no licensed sportsbook to compete with here. Its nearest rivals are daily fantasy apps, which Paxton's office called likely illegal in 2016.

The real difference is the supervisor. A sportsbook would need a license Texas does not offer. Kalshi answers to the CFTC.

Other prediction market apps in Texas

With no sportsbooks to protect, DraftKings, FanDuel and Fanatics all sell sports contracts to Texans through their prediction apps.

Here is where each app we rank stands in Texas. For the full picture, see prediction markets in Texas.

Every app we rank, in ranking order, and where it stands in Texas.
AppStatus in TexasMore
Gemini PredictionsAvailable, sports includedGemini Predictions review
Polymarket USAvailable, sports includedPolymarket review
OGAvailable, sports includedOG review
Interactive BrokersAvailable; it lists no sports contracts anywhereInteractive Brokers review
RobinhoodAvailable, sports includedRobinhood review
ProphetXAvailable, sports includedProphetX review
CoinbaseAvailable, sports includedCoinbase review
WebullAvailable, sports includedWebull review
NovigAvailable, sports includedNovig review
DraftKings PredictionsAvailable, sports includedDraftKings Predictions review
Fanatics MarketsAvailable, sports includedFanatics Markets review
FanDuel PredictsAvailable, sports includedFanDuel Predicts review
PrizePicksAvailable, sports includedPrizePicks review
Underdog PredictAvailable, sports includedUnderdog Predict review

How to use Kalshi in Texas

Sign up with your email, confirm your identity with a driver's license or passport, then fund the account.

Kalshi takes bank transfers, debit cards, Apple Pay, PayPal, Venmo, wires and crypto, among others. Bank and wire deposits are free; cards can cost 2%.

Texas has no personal income tax, so the state takes nothing from your profits. The IRS still does.

Before you deposit, read our Kalshi review for its fees, payouts and lawsuits. New to this? Start with what prediction markets are.

Kalshi in Texas: FAQ

Can I use Kalshi in Texas?

Yes. If you are 18 or over and pass its ID checks, you can trade every category from Texas, sports included. No state order limits it.

Is Kalshi legal in Texas for sports?

Yes, for now. Sports contracts are live statewide. A Senate committee is studying them, but any change needs a new law. The next session starts in January 2027.

Is Texas going to ban Kalshi?

Not yet. Lt. Gov. Dan Patrick has asked senators to study “closing gambling loopholes.” A ban would need a bill in 2027, and it would likely face a federal challenge.

Why is Kalshi legal in Texas when sports betting is not?

Kalshi is regulated as a federal derivatives exchange by the CFTC, not licensed as a sportsbook. It argues state gambling law cannot reach it. Courts outside Texas are split on that.

How old do you have to be to use Kalshi in Texas?

18. Kalshi checks your ID before you can trade. The Texas Medical Association has urged prediction apps to raise their age to 21.

Do I pay taxes on Kalshi winnings in Texas?

Not to the state. Texas has no personal income tax. Federal tax still applies, and how the IRS treats event contracts is not settled, so ask a tax adviser.

Is Polymarket legal in Texas?

Polymarket US operates in Texas under the CFTC, and no Texas action against it is on record. The international site, polymarket.com, is close-only for Americans.

Can I trade the Texas Senate race on Kalshi?

Yes. Kalshi lists which party will win Texas's U.S. Senate seat on November 3, 2026. It also lists the governor's and attorney general's races.

Is this legal advice?

No. It summarizes public rulings and filings, each cited. For a decision that matters, ask a lawyer licensed in Texas.

Sources

  1. Lt. Gov. Dan Patrick: 2026 interim charges to the Texas Senate (Mar 27, 2026)
  2. Senate State Affairs Committee: hearing notice, Sep 15, 2026
  3. Senate State Affairs Committee: witness list, Sep 15, 2026
  4. Senate State Affairs Committee: minutes, Sep 15, 2026
  5. Texas Penal Code, Chapter 47: Gambling
  6. Texas Attorney General Opinion KP-0057 (Jan 19, 2016)
  7. Texas Legislature: HJR 102 (88th Legislature) history
  8. Texas Legislature: HJR 134 (89th Legislature) history
  9. Texas Comptroller: Texas taxes field guide
  10. CFTC designates KalshiEX LLC as a contract market
  11. Kalshi fee schedule
  12. Texas Tribune: Texas eyes prediction market limits (May 1, 2026)
  13. Politico: Ken Paxton stays hands off on Kalshi (Sep 3, 2026)
  14. iGaming Business: the Texas Senate hearing on prediction markets (Sep 18, 2026)
  15. KSAT: prediction markets in Texas and the Texas Medical Association's call (Sep 9, 2026)
  16. Ballotpedia: Texas elections, 2026
  17. Ninth Circuit: KalshiEX v. Assad, No. 25-7516 (Aug 28, 2026)
  18. Third Circuit: KalshiEX v. Flaherty, No. 25-1922
  19. Sixth Circuit: KalshiEX v. Schuler, No. 26-3196 (Sep 25, 2026)

18+. Event contracts can lose their entire value. Nothing here is financial or legal advice. Trading responsibly.