ODESSA- Texas Attorney General Ken Paxton recently said that a court would find paid daily fantasy sports leagues to be illegal gambling in Texas.
In a statement Paxton said quote "Simply put, it is prohibited gambling in Texas if you bet on the performance of a participant in a sporting event and the house takes a cut. Texas law only requires "partial chance" for something to be gambling; it does not require that chance predominate."
So is paid daily fantasy a game of chance or a game of skill? We talked to Dallas Attorney Robert Walters, a Draft Kings representative.
"This is very much a contest of skill to play fantasy sports, and if we were ever to have to address this in court, we could show and very easily that it is," Walters said.
That's what daily fantasy sports leagues will have to prove to politicians.
"The law is the same but some of these activities have evolved, but as far as the actual law that's in place now. The law that's on the books. The attorney general's opinion, in my view is pretty accurate based on the existing law," Landgraf said.
With millions of players across the country and with an estimated 4 million right here in Texas, paid daily fantasy sports leagues could be hard to stop according to Gaming Attorney Steve Solomon.
"Whether it should be illegal or not is another question, when you have 50 to 60 million people doing it, it's like sticking your finger in a dyke, it's never gonna stop the dam," Solomon said.
NewsWest 9 reached out to Ken Paxton's press office but they told us that they will allow the opinion to speak for itself.
For the time being, paid daily fantasy sports players in Texas can tinker with their line-ups without worry.