Texas Wildlife Removal Laws 2026: What Homeowners Can and Cannot Legally Do — Permits, Protected Species & Property Rights

Texas Wildlife Law Is Complex — And the Penalties Are Serious

Texas law divides wildlife into three broad categories: game animals (regulated by Texas Parks & Wildlife), non-game animals (may be regulated or unregulated depending on species), and furbearers (beaver, raccoon, fox, mink, otter, nutria, etc. — heavily regulated with specific trapping seasons and methods). What you can legally do about an animal in your attic depends entirely on which category it falls into. Shooting a raccoon in your attic without a trapping license during closed season is a Class C Parks and Wildlife Code misdemeanor punishable by a fine of $25-500. Using the wrong type of trap for a furbearer is also a violation. Texas game wardens enforce these laws and can issue citations on your property.

What Homeowners CAN Do Without a Permit

Non-game, non-protected animals causing property damage: Texas law allows property owners to kill non-game, non-protected animals that are causing damage to personal property (including homes, barns, and outbuildings) without a hunting license or permit. This includes rats, mice, opossums (opsums are non-game), armadillos, and skunks. However — and this is the most commonly violated restriction — if you are using a trap to capture these animals, you may not transport the live animal and release it elsewhere without written permission from the landowner of the release site. Releasing a trapped animal on public land is illegal. The practical implication: if you trap an opossum, you must either kill it humanely on your property or have a plan for legal disposal before you set the trap.

Snakes on your property: Most Texas snakes are non-game and may be killed if they pose an immediate threat. However, several species are protected: the Texas indigo snake (Drymarchon melanopus erebennus), the Louisiana pine snake (Pituophis ruthveni), and the timber rattlesnake (Crotalus horridus) are listed as threatened. Before killing any snake on your property, positively identify it. If you are unsure of the species, you are safer assuming it is protected and contacting a professional.

What Homeowners CANNOT Do

Furbearers (raccoon, fox, beaver, etc.): These species are regulated year-round. A trapping license is required. There are specific trapping seasons and methods restrictions. Trapping a raccoon in your attic during closed season without a license is illegal — even though the animal is in your house causing damage. The legal path is: hire a licensed wildlife removal professional who holds a TPWD Nuisance Wildlife Control Permit, or obtain a depredation permit from TPWD yourself. The permit costs approximately $50 and requires a brief justification of the damage.

Protected and threatened species: All native bird species are protected under the Migratory Bird Treaty Act (federal law, not just state). This includes woodpeckers drilling holes in your siding, chimney swifts nesting in your chimney, and barn swallows building mud nests on your porch. You cannot harm, harass, or remove active nests (nests with eggs or young) of any native bird species. Exceptions: European starlings, house sparrows, and feral pigeons are not protected. The MBTA carries penalties of up to $15,000 per violation and/or 6 months imprisonment at the federal level.

When You MUST Call a Professional

• The animal is a furbearer (raccoon, fox, beaver, etc.) and you do not have a trapping license or depredation permit
• The animal is a protected species or you cannot positively identify the species
• The animal is inside the living space of your home (not attic/crawlspace) — rabies risk increases with direct human contact potential
• You are dealing with bats — bat guano carries histoplasmosis risk, and bats are protected in Texas (they may only be excluded during specific non-maternity periods)
• The animal is injured, behaving strangely (potential rabies), or there are young present (separating a mother from dependent young creates additional legal and ethical complications)