Texas is the latest state to consider daily fantasy sport sites such as DraftKings and FanDuel to be illegal gambling.
Responding to a legislative inquiry, Texas Attorney General Ken Paxton gave his opinion, saying such sites run counter to state law.
"This was clearly gambling,” he says, explaining that it had not been exempted like the state lottery, bingo, or horse racing.
“But they have not exempted these fantasy leagues," he says, “and so if there's any chance involved at all, and there is somebody taking a cut of that, then it's considered a violation of the law and its gambling."
Paxton did clarify that traditional fantasy sports leagues that are played over the course of a season were legal. Meanwhile, he tells OneNewsNow the daily fantasy games can continue in the state until a local district attorney attempts to pursue criminal charges against one of the companies.
"We're not making new law here; I'm not giving you my personal opinion on this,” the attorney general clarifies. “This is an opinion based on what the law is in Texas, and I'm guessing the law is pretty similar in many of the states because obviously this issue is popping up all over the country."
Attorneys general in New York and Illinois have also said that daily fantasy sports are not legal under their state laws.