You’re driving down a Texas highway when a deer suddenly jumps in front of your car. After the collision, you might wonder if you can legally take the animal home. In Texas, collecting roadkill is generally illegal under state law, with very limited exceptions that require special permits from the Texas Parks and Wildlife Department.
The Lone Star State stands apart from most of the country on this issue. Texas roadkill laws were strengthened through House Bill 12 in 2007, which banned the removal of roadkill from roads and public rights-of-way. The main reason behind this strict approach is to prevent poachers from claiming they found animals already dead when they actually hunted them illegally.
Understanding these rules protects you from unexpected fines and legal trouble. This guide covers what you need to know about Texas roadkill regulations, including when exceptions might apply, which animals are covered under the law, and what penalties you could face for breaking these rules.
Whether you accidentally hit an animal or simply spot one on the roadside, knowing your legal options helps you make the right decision.
Is It Legal to Take Roadkill in Texas?
No, you cannot legally take roadkill in Texas. The state has completely outlawed picking up roadkill since 2007.
House Bill 12 changed the law that year. Before 2007, collecting roadkill was legal in Texas. Now it is against the law to hunt any wild bird or animal on public roads or their right-of-way, which includes taking roadkill.
Why This Law Exists
Texas created this ban to prevent poaching. People could illegally kill animals and claim they found them as roadkill. This makes it hard for wildlife officers to tell the difference between real accidents and illegal hunting.
The law also helps protect wildlife populations. It ensures hunters follow proper seasons and methods.
What You Should Do
If you hit an animal while driving, you should call 9-1-1 or Texas Parks and Wildlife to report it. You do not have permission to take the animal home, even if you report the incident.
Penalties for Breaking the Law
Taking roadkill illegally can result in fines and confiscation of the animal. You could also face potential jail time depending on the situation.
Texas Stands Alone
Texas is unique in this regard. Most other states allow people to collect roadkill with or without permits. Some states require you to report it or get a salvage permit first. Texas takes a stricter approach to protect its wildlife resources.
How to Claim Roadkill in Texas
You cannot legally claim roadkill in Texas. The practice became illegal in 2007 when House Bill 12 passed, making it against the law to pick up any animal killed on public roads.
What You Should Do Instead:
If you hit an animal or find roadkill on the road, follow these steps:
- Call 9-1-1 or Texas Parks and Wildlife to report the incident
- Leave the animal where it is
- Do not attempt to take it home
Why Texas Banned Roadkill Collection:
The law exists to stop poachers from claiming illegally hunted animals were just roadkill. Before 2007, hunters could kill animals illegally and say they found them dead on the road. This new rule removed that defense option.
Legal Consequences:
Taking roadkill in Texas can result in serious penalties. You could face fines ranging from hundreds to thousands of dollars depending on the animal species involved.
Health Concerns:
Even if it were legal, eating roadkill poses health risks. The meat may contain harmful bacteria or the animal might have been sick before it died. You have no way to know how long the animal has been dead or what diseases it carried.
Texas is one of the few states with a complete ban on roadkill collection. While many other states allow residents to salvage dead animals from roads with proper permits, Texas does not offer this option.
What Animals Can You Salvage in Texas
The rules about collecting roadkill in Texas vary significantly depending on the animal species. Texas Parks and Wildlife regulates what you can and cannot take from roadways.
Non-game animals are generally legal to salvage without a permit. These include common roadkill species like armadillos, raccoons, opossums, and squirrels. You can collect these animals and use them for various purposes without notifying authorities.
However, game animals have much stricter rules. White-tailed deer present a special case that requires immediate action on your part.
White-Tailed Deer Requirements
If you want to salvage a white-tailed deer, you must report it to Texas Parks and Wildlife within 24 hours. You need to complete their Road Kill Deer Reporting Form and take photographic evidence. Without following this process, possessing the deer or its parts is illegal.
Prohibited Species
You cannot legally salvage several protected animals:
- Pronghorn antelope
- Migratory birds (protected under federal law)
- Endangered species
- Any game animal without proper reporting
Wildlife in Texas belongs to the state. Taking possession of protected animals or cutting antlers off a roadkill deer without authorization counts as theft under state law. Texas Parks and Wildlife enforces these regulations to prevent poaching and manage disease risks.
Always identify the species before collecting any roadkill. When in doubt about whether an animal is legal to salvage, contact Texas Parks and Wildlife for guidance before taking possession.
Penalties for Illegal Roadkill Possession in Texas
If you pick up roadkill in Texas, you face serious legal consequences. The state treats this as a wildlife violation under Texas Parks and Wildlife regulations.
Criminal Penalties
Texas law states that it is unlawful to possess a deer or any part of a deer that has been hit by a motor vehicle. When you violate this law, you can receive a Class C misdemeanor charge. You may face fines between $25 and $500 for basic violations.
More serious cases can result in Class B misdemeanors with fines from $200 to $2,000. Class A misdemeanors carry fines between $500 and $4,000 and potential jail time up to one year.
Additional Consequences
Beyond criminal fines, Texas Parks and Wildlife Department can take further action against you. Game wardens have the authority to confiscate any illegally possessed wildlife from your vehicle or property. You will also face automatic suspension or revocation of your hunting and fishing licenses for up to five years.
The state can seek civil restitution values for damaged wildlife resources. If you refuse to pay these civil penalties, the department will deny any future license applications. You could also forfeit hunting equipment, including firearms, that you used during the violation.
Enforcement
Game wardens actively patrol Texas roads and investigate reports of illegal roadkill possession. If a game warden dispatcher receives a call about someone collecting roadkill, officers will respond to enforce these laws.
