The Common Law
All things hunting
By Luke Ellis, Fri., Sept. 6, 2024
The Texas hunting season is approaching. This column addresses all types of hunting-related questions.
My family recently bought an acreage property outside of Austin. We aren’t hunters. But the neighboring property hunts all the time and it annoys my family (and sometimes scares us). Is there a way to force the hunting to stop?
Likely no. If the folks on the neighboring property are not trespassing (they are legally on the property), have the proper hunting license(s), are hunting during the right season, and otherwise are complying with the relevant hunting laws (bag limits as one example), then they are within their rights to hunt. Sometimes the best way to handle this situation is with a friendly conservation between the two adjoining property owners. If that doesn’t work, and if you believe laws are being violated, you can contact the local game warden.
My family owns a large ranch. Do I need a license to hunt on our ranch? Seems like I shouldn’t need a license to hunt on my own land.
Yes. You will need a hunting license. Texas law states that as a general rule no person may hunt any bird or animal in this state without having acquired a hunting license (Texas Parks and Wildlife Code Section 42.002[a]). While there are a variety of exceptions to this general rule, being the owner of the property is not one of them. If you are the property owner and you want to hunt on your land, you still must get a hunting license.
Is there a minimum size of property for hunting? My friend says he hunts on his 20-acre property but that seems too small.
There is no statewide law that mandates how large property must be in order to hunt. Texas law does, however, give counties and cities the right to establish and enforce minimum property size requirements for hunting in the name of public safety. Specifically, Texas law allows for counties and cities to prohibit hunting on land that is smaller than 10 acres (Texas Local Government Code § 235.022).
Check out the Texas Parks and Wildlife website (tpwd.texas.gov) for more background on Texas laws that address hunting.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a non-profit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
