Section 47.04 - Keeping A Gambling Place(a) A person commits an offense if he knowingly uses or permits another to use as a gambling place any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control, or rents or lets any such property with a view or expectation that it be so used.(b) It is an affirmative defense to prosecution under this section that:(1) the gambling occurred in a private place;(2) no person received any economic benefit other than personal winnings; and(3) except for the advantage of skill or luck, the risks of losing and the chances of winning were the same for all participants.(c) An offense under this section is a Class A misdemeanor.Amended by Acts 1977, 65th Leg., p. 667, ch. 251, Sec. 1, eff. 8/29/1977. Acts 1989, 71st Leg., ch. 1030, Sec. 1, eff. 9/1/1989. Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. 9/1/1994. Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. 1/1/1974.