Texas Roadkill Rules That Could Cost You Big

(East Texas) Texas drivers are faced with challenges every time they get behind the wheel of a car. Challenged with using a turn signal. Challenged to leave their phone alone. Challenged to know what the speed limit is. Some are even challenged by wildlife and livestock. Anyone driving has had to slow down or swerve from hitting a squirrel at some point; other drivers have had to swerve to keep from hitting something much larger.

While drivers do their best to avoid hitting an animal, sometimes it's just unavoidable. So, if you were ever to hit an animal, a deer or a cow, for example, are you allowed to harvest that animal and keep it for yourself?

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Is It Legal to Keep Roadkill in Texas?

Unlike other states, in Texas, you CAN NOT pick up roadkill for yourself and take it home. Before 2007, it had been legal, but that was changed with the passage of House Bill 12, making picking up any roadkill against the law. In the event you hit an animal and injure or kill it, you should call 9-1-1 or Texas Parks and Wildlife and report the incident.

Why Texas Made Roadkill Illegal to Collect

Wildlife Public Information Officer Lerrin Johnson explains to KXAN about the rule and why it is illegal to possess an animal that was killed by a vehicle on a roadway.

The reasoning behind this regulation is to discourage hunters or other constituents from specifically targeting animals along the roadway. Before this rule, poachers could claim that their illegal kill was collected on the road as salvaged roadkill. This rule change removed the possibility of a false defense.

READ MORE --> Four Traffic Laws That Most Texans Didn't Know Existed

Health Risks of Eating Roadkill

Also, in most cases, salvaged roadkill may not be safe to eat due to bacteria or other health issues of the animal. So the best thing to do is leave the animal there and call Texas Parks and Wildlife. And in case you're wondering, NO, the State of Texas is not liable for damages that occur from hitting wildlife with your vehicle. Now, if you hit livestock, a cow, sheep, or goat, for example, that is a different circumstance.

What If You Hit Livestock in Texas?

While Texas is an open-range state, many counties have closed-range ordinances that state all livestock must be contained within a fenced area. If somehow an animal escapes and it is hit or killed by a vehicle, the livestock owner cannot be held responsible, and all damages will be covered by the victim's insurance policy (Smith & Hassler Law). As with any law, there are exceptions, and some livestock owners may be held liable. Read more about these exceptions on the law firm's site.

The Bottom Line: Report, Don’t Take

The bottom line is, roadkill isn't free game and cannot be claimed by you. You must report the animal you hit to law enforcement or Texas Parks and Wildlife.