what would happen to me if i was running a game that got busted?
Whether the game is legal or illegal, you'd be in for a lot more hassle. You'd be charged with Keeping a Gambling Place, which is a Class A Misdemeanor (fine up to $4,000, jail for up to a year, or both). You'd have to go to trial and defend yourself. In the case of the Austin slot onlain Club, it's been a year and they still haven't made it to trial so those things can drag on.
why do illegal games exist?
The most common motivation for raking a home poker game, and therefore making the game illegal, is that the person running the game simply wants to make money from the game. A less common cause is that the person running the game is genuinely not aware that what they are doing (taking a rake, charging for food, paying a dealer etc.) is making the game illegal.
why would i ever want to play in an illegal game?
If you like playing in a home game with a professional (paid) dealer, the only way to get that is to play in an illegal game (since having a paid dealer by definition makes the game illegal).
Additionally, because the organizers of illegal games are making money, illegal games tend to be well-organized, well-promoted and well-attended every single week. Many illegal games have perks like "free" food, drinks and nice tables and cards that you may not get in a typical home game. They are also typically run well by people who know how to manage a poker game -- rules are more strictly followed and enforced, the game moves faster, etc.
why would i not want to play in an illegal game?
If you're OK with doing something that's technically illegal, and you're OK with the (probably very small) risk that the game will get busted and you'll lose your buyin and possibly get a small fine, the only other downside to playing in an illegal game is that since it's raked it's generally harder to make money there. Illegal game rakes tend to be equal to or higher than the rakes in Vegas and other places where games are legal, and in some cases the rakes are much higher. That can make the game very hard to beat, even for a very solid player. On the other hand, if the game has a lot of poor players it could very well be a much easier game to beat than a typical home game.
should i play in an illegal game?
You should make your own mind up and decide whether you want to play in an illegal game or not. I have created this page so you can be informed and make up your own mind.
The games that I've held in the past have always been, and always will be, unraked, player-dealt, and 100% legal. I work hard to make sure people have fun at my games and the games are honest and well-run. I'm not trying to make a living from poker, which is why I don't feel like I need to take money from the pots of my games to keep the games that way.
I'd love to see a day when all poker is 100% legal in Texas and professional cardrooms are allowed to operate in the light of day. Until that time, keep yourself informed and make your own decisions as to when and where you want to play poker.