Are prediction markets legal in Texas?

By Vardan KhachatryanLast updated: Litigation tracker

Yes. Prediction markets are legal in Texas, even though sports betting is not. Every app we rank is open here, and all but one offer sports contracts. They answer to the CFTC, not the state. The open question is the Legislature, where a Senate committee is studying the apps before the 2027 session.

Prediction markets in Texas

All 15 apps we rank are open here, and 14 offer sports contracts.

Apps restricted or contested
None
Rulings and actions in Texas
None on record
Legal sports betting
None, apart from pari-mutuel racing
Minimum age
18 on most apps, 21 on three
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.

Why prediction markets are legal in Texas

Prediction market apps sell event contracts: yes-or-no questions that pay $1 if the answer is yes. The CFTC regulates the exchanges that list them.

That federal oversight is why the apps need no Texas license. It is also how they offer sports in a state with no legal sportsbook.

Texas has not challenged them in court. No agency has sent a cease-and-desist letter, and no law targets them.

The pressure is political. Lt. Gov. Dan Patrick has asked senators to study “closing gambling loopholes,” and the Legislature meets again in January 2027.

Which prediction market apps work in Texas

Every app we rank accepts Texas residents. All but one offer sports contracts. Interactive Brokers lists none anywhere.

Texas is open ground for the sportsbook brands too. With no Texas sportsbook to protect, DraftKings, FanDuel and Fanatics sell sports contracts here.

The Texas Tribune found DraftKings' betting app, opened in Texas, sends users straight to its prediction market.

Age rules differ. Most apps take traders from 18. Novig, Fanatics Markets and Interactive Brokers require 21.

The table lists each app in our ranking order, with its status here and a link to our review. Kalshi users should read whether Kalshi is legal in Texas.

Every app we rank, in ranking order, and where it stands in Texas.
AppStatus in TexasMore
KalshiUnder state review for sports contracts, with no restriction in forceIs Kalshi legal in Texas?
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

Is Polymarket legal in Texas?

Yes, through Polymarket US. It runs on QCX, a CFTC-designated exchange, and accepts Texas residents for sports and every other category.

No Texas action against Polymarket is on record. The Senate charge does not name any company.

Polymarket's position is the same as Kalshi's. It told KSAT that prediction markets are regulated “under a federal framework, not a patchwork of state rules.”

The international site is a different product. Polymarket.com runs on crypto, is not CFTC-regulated and is close-only for Americans.

Our Polymarket review covers its fees, payouts and how the US app works.

How a prediction market trade works

Each contract is a yes-or-no question. A correct contract pays $1, and a wrong one pays nothing.

The price is the crowd's estimate. A contract at 60¢ means traders put the chance at about 60%.

Say the Texans are 60¢ to win on Sunday on Kalshi. You buy 100 contracts for $60, plus a $1.68 fee.

If the Texans win, you collect $100, a $38.32 profit. If they lose, you are out $61.68.

You can also sell before kickoff at whatever the market pays then. New to this? Start with what prediction markets are.

What Texas has said about prediction markets

No Texas agency has acted against a prediction market app. We found no cease-and-desist letter, lawsuit or regulator notice.

The Senate is where the talk is. 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 asks for ways to protect “Texas elections and Texas sports.”

The committee heard testimony on September 15, 2026. Sen. Bob Hall called the products “different costumes on gambling.”

The American Gaming Association urged a geofencing order and a state-court suit. Kalshi warned a ban would push Texans offshore.

Attorney General Ken Paxton has kept his distance. Politico reported he did not join the multistate briefs other attorneys general filed against Kalshi.

The court cases that shape Texas's rules

No court has ruled on prediction markets in Texas. No case is pending in the Fifth Circuit, which covers Texas, either.

Three other appeals courts have ruled, and they split. The Third Circuit sided with Kalshi on April 6, 2026, in New Jersey's case.

The Ninth Circuit ruled the other way on August 28, in Nevada's case. The Sixth followed on September 25, in cases from Ohio and Tennessee.

Those rulings do not bind Texas courts. They show the argument a Texas law would face, and why the Supreme Court may settle it.

Texas has fought a version of this before. In 2016, Paxton's office said paid daily fantasy contests were likely illegal gambling under Penal Code §47.02.

What Texans can trade

Sports lead. Game, season and player markets cover the Cowboys, Texans, Astros, Rangers, Mavericks, Rockets, Spurs and Stars. College football trades too.

Texas is one of the biggest sources of that money. Eilers & Krejcik found 43% of sports contract activity came from Texas and California.

Politics is busy this year. Ken Paxton faces James Talarico for the U.S. Senate on November 3, 2026: Texas Senate odds.

Gov. Greg Abbott faces Gina Hinojosa the same day. Kalshi lists the race by party: Texas governor odds.

Kalshi also lists the attorney general and lieutenant governor races, and the daily high in Austin and Dallas. Economics, crypto and oil markets round it out.

The risks for Texas traders

The law could shift. A 2027 bill could ban the apps or require a state license, and the CFTC would likely fight it.

Texas punishes the bettor, not just the bookie. Penal Code §47.02 makes a bet on a game or an election a Class C misdemeanor.

Whether an event contract is a “bet” under that law is untested. We found no case of a Texan charged over one.

You can lose everything you put into a contract. A 90¢ favorite that loses pays nothing.

Trade only what you can afford to lose. Our responsible trading guide covers limits and where to get help.

What could change for Texas traders

Three things could. The first is the Legislature, which convenes in January 2027 with the Senate's study in hand.

Patrick has long said no gambling measure will pass while he is in office. A crackdown on prediction markets is a different question.

The second is a lawsuit. Paxton leaves the attorney general's office in January 2027. Mayes Middleton and Nathan Johnson are running to replace him.

Either could sue the apps under state gambling law. That would bring the question to the Fifth Circuit for the first time.

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

Texas prediction market timeline

Every change to prediction markets' standing in Texas, newest first. Each entry links the record behind it.

The Senate State Affairs Committee heard testimony on prediction markets from Kalshi, gaming groups, a tribe and doctors. No vote was taken. Source
Lt. Gov. Dan Patrick directed the Senate State Affairs Committee to study “prediction market gambling” before the 2027 session. Source
SB 3070 abolished the Texas Lottery Commission and moved the lottery to the Texas Department of Licensing and Regulation. Source
HJR 134, a proposed sports betting amendment, went to the House State Affairs Committee. It never came out. Source
The Texas House adopted HJR 102 to allow sports betting, 101 to 42. The Senate never took it up. Source
Attorney General Ken Paxton's Opinion KP-0057 said paid daily fantasy sports were likely illegal gambling in Texas. Source

Prediction markets vs sports betting in Texas

Betting on sports is not legal in Texas, online or in person. Pari-mutuel wagering at horse tracks is the one exception.

Changing that takes a constitutional amendment, which needs two-thirds of each chamber and a statewide vote. The House passed one in 2023; the Senate did not.

Prediction markets fill the gap. You trade against other people on an exchange, not against a sportsbook's house odds.

The oversight differs too. The CFTC supervises the exchange, and no Texas agency does. If a dispute comes up, complain to the app first, then to the CFTC.

How to choose a prediction market app in Texas

Start with what you want to trade. Every app but one covers sports. For politics, weather and the economy, Polymarket US and Kalshi list the widest range.

Then compare fees. They vary more than prices do. Our fee comparison works out each app's cost on the same trade.

Our app rankings score every app on the same six criteria. Each review covers fees, payouts and the lawsuits against it.

Weighing the two biggest? Our Kalshi vs Polymarket comparison sets them side by side.

Prediction markets in Texas: FAQ

Are prediction markets legal in Texas?

Yes. The apps are regulated by the CFTC as federal exchanges, so they operate in Texas without a state license. Sports betting itself is still illegal here.

Is Kalshi legal in Texas?

Yes. Kalshi operates statewide with every category open, sports included. No Texas order, lawsuit or law restricts it.

Is Polymarket legal in Texas?

Yes, through Polymarket US, which runs on a CFTC-designated exchange. No Texas action against it is on record. The international site, polymarket.com, is close-only for Americans.

Can I bet on sports in Texas?

Not with a sportsbook. Sports betting is illegal apart from pari-mutuel racing. Prediction market apps let you trade sports contracts instead, under federal rules.

Can I trade on Texas teams with prediction markets?

Yes. The apps list Cowboys, Texans, Astros, Mavericks and Longhorns markets, among others. No Texas order blocks them.

Is Texas going to ban prediction markets?

Not yet. A Senate committee is studying them, and any ban would need a bill in the 2027 session. It would likely face a federal challenge.

How old do you have to be to use prediction markets in Texas?

18 on most apps. Novig, Fanatics Markets and Interactive Brokers require 21. The Texas Medical Association has asked the apps to make 21 the rule.

Do I pay taxes on prediction market winnings in Texas?

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

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: minutes, Sep 15, 2026
  3. Senate State Affairs Committee: witness list, Sep 15, 2026
  4. Texas Penal Code, Chapter 47: Gambling
  5. Texas Attorney General Opinion KP-0057 (Jan 19, 2016)
  6. Texas Legislature: HJR 102 (88th Legislature) history
  7. Texas Legislature: HJR 134 (89th Legislature) history
  8. Texas Legislature: SB 3070 (89th Legislature) history
  9. Texas Constitution, Article VIII (no personal income tax, §24-a)
  10. Ninth Circuit: KalshiEX v. Assad, No. 25-7516 (Aug 28, 2026)
  11. Third Circuit: KalshiEX v. Flaherty, No. 25-1922
  12. Sixth Circuit: KalshiEX v. Schuler, No. 26-3196 (Sep 25, 2026)
  13. Texas Tribune: Texas eyes prediction market limits (May 1, 2026)
  14. Texas Tribune: Patrick and gambling in Texas (Sep 15, 2025)
  15. Politico: Ken Paxton stays hands off on Kalshi (Sep 3, 2026)
  16. iGaming Business: the Texas Senate hearing on prediction markets (Sep 18, 2026)
  17. KSAT: Polymarket's statement and the Texas Medical Association's call (Sep 9, 2026)
  18. Ballotpedia: Texas gubernatorial election, 2026
  19. Ballotpedia: Texas attorney general election, 2026
  20. Kalshi fee schedule
  21. CFTC: tips and complaints

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