When I took hunters ed 20 years ago, they told us in the class that in Texas if the land is not posted & there is no fence, & not in the city limits, it is legal to hunt there, something about it is basically public property. I would not do it, but I swear, that is what they told us. Laws have changed so much since then, who knows? If I dont have written permission, I aint going period.

we've got 8 acres of land just outside the beltway in NW Houston. Bro-in-law went out there dove hunting and got hassled by the Sherriff's office because someone nearby called the cops about gunshots. Was plenty far from houses, and no permission needed since he was one of the owners, but a hassle all the same.

Infortunately, a neighborhood went in on the adjoining property, so no more dove hunting 2 miles from the house anymore.

...and you have to be sure that when you shoot in the city limits the projectile does not cross boundry lines. That one is what will get most people bird hunting in city limits.

That may be the case in the boondocks, but not there are other local ordinaces in Conroe, and Houston[/quote]

it doesnt matter where its at, the law is the law. alot of law enforcement officers dont know about this law. you have to know your rights.

V.T.C.A., Penal Code § 30.05

Vernon's Texas Statutes and Codes Annotated Currentness
Penal Code (Refs & Annos)
Full text of all sections at this level Title 7. Offenses Against Property
Full text of all sections at this level Chapter 30. Burglary and Criminal Trespass (Refs & Annos)
Current selection § 30.05. Criminal Trespass


(a) A person commits an offense if the person enters or remains on or in property of another, includingresidential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent andthe person:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) “Entry” means the intrusion of the entire body.

(2) “Notice” means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:

(a) 100 feet apart on forest land; or

(b) 1,000 feet apart on land other than forest land; or

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.

(3) “Shelter center” has the meaning assigned by Section 51.002, Human Resources Code.

(4) “Forest land” means land on which the trees are potentially valuable for timber products.

(5) “Agricultural land” has the meaning assigned by Section 75.001, Civil Practice and Remedies Code.

(6) “Superfund site” means a facility that:

(A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or

(B) is listed on the state registry established under Section 361.181, Health and Safety Code.

(7) “Critical infrastructure facility” means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders:

(A) a chemical manufacturing facility;

(B) a refinery;

(C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility;

(D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station;

(E) a natural gas transmission compressor station;

(F) a liquid natural gas terminal or storage facility;

(G) a telecommunications central switching office;

(H) a port, railroad switching yard, trucking terminal, or other freight transportation facility;

(I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or

(J) a transmission facility used by a federally licensed radio or television station.

(8) “Protected freshwater area” has the meaning assigned by Section 90.001, Parks and Wildlife Code.

(9) “Recognized state” means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state:

(A) has firearm proficiency requirements for peace officers; and

(B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state.

(10) “Recreational vehicle park” means a tract of land that has rental spaces for two or more recreational vehicles, as defined by Section 522.004, Transportation Code.

(11) “Residential land” means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use.

(c) Repealed by Acts 2009, 81st Leg., ch. 1138, § 4.

(d) An offense under this section is:

(1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3);

(2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed:

(A) on agricultural land and within 100 feet of the boundary of the land; or

(B) on residential land and within 100 feet of a protected freshwater area; and

(3) a Class A misdemeanor if:

(A) the offense is committed:

(i) in a habitation or a shelter center;

(ii) on a Superfund site; or

(iii) on or in a critical infrastructure facility; or

(B) the person carries a deadly weapon during the commission of the offense.

(e) It is a defense to prosecution under this section that the actor at the time of the offense was:

(1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances;

(2) a person who was:

(A) an employee or agent of:

(i) an electric utility, as defined by Section 31.002, Utilities Code;

(ii) a telecommunications provider, as defined by Section 51.002, Utilities Code;

(iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code;

(iv) a gas utility, as defined by Section 101.003 or 121.001, Utilities Code; or

(v) a pipeline used for the transportation or sale of oil, gas, or related products; and

(B) performing a duty within the scope of that employment or agency; or

(3) a person who was:

(A) employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and

(B) performing a duty within the scope of that employment or agency.

(f) It is a defense to prosecution under this section that:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and

(2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.

(g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

(h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(1)(C), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(1)(C) does not apply.

(i) This section does not apply if:

(1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and

(2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.

call, ask, check before doing something stupid like hunting w/out permission just cause its not fenced

Not true today. See: http://law.onecle.com/texas/parks/61.022.00.html This is a charge of hunting without permission and a separate violation from criminal trespass. Being posted, purple paint, etc. has no bearing on this one.

SUBTITLE B. HUNTING AND FISHING

§ 61.022. TAKING WILDLIFE RESOURCES WITHOUT CONSENT OF LANDOWNER PROHIBITED

(a) No person may hunt or catch by any means or method or possess a wildlife resource at any time and at any place covered by this chapter unless the owner of the land or water, or the owner's agent, consents.
(b) Except as provided by Subsection (c), a person who violates Subsection (a) the first time commits an offense that is a Class A Parks and Wildlife Code misdemeanor and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
(c) A person who violates Subsection (a) the first time by killing a desert bighorn sheep, pronghorn antelope, mule deer, or white-tailed deer commits an offense that is a Parks and Wildlife Code state jail felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
(d) A second violation of Subsection (a) shall be classified as one category higher than the first violation or a Parks and Wildlife Code felony, whichever is lesser, and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.
(e) A third or subsequent violation of Subsection (a) shall be classified as a Parks and Wildlife Code felony and is punishable in addition by the revocation or suspension under Section 12.5015 of hunting and fishing licenses and permits.

Guess it varies what and how far they want to take it cause that was what i was charged with and got dis - missed because not knowingly tresspassing cause no land markers.Any way i was in the wrong for not checking the boundries.

Most cities forbid discharging firearms within city limits. But the state Legislature passed a law in 2005 to prevent growing cities from using such laws to prohibit hunting on large tracts annexed after 1981.

The law allows hunting with shotgun or bow on tracts of at least 10 acres and at least 150 feet from homes or occupied buildings. Rifles and pistols may be fired on tracts of at least 50 acres.

If memory serves me right, the law was introduced by a state senator from the Woodlands (which is in your neck of the woods.

Longhorn cop......that is completely correct, but you can do it for all hunting not just pheasants. In fact North Dakota is one of the very few states across the US that allows hunting on "unposted" land with no permission being needed from the landowner. I know this cause I lived there for 7 yrs prior to moving to Alaska in 2007. Great hunting too!

And Cochise....longhorn cop wasn`t implying that it was how you do it in Texas, he just mentioned it as a thought. Really man, c`mon.

no its not. if you have 10 acres or more that is annexed by the city you can still legally hunt on it as long as its with a shotgun. if you own 50 acres or more in city limits you can hunt with centerfire and pistol.

google senate bill 734. [/quote]maybe true, but some case's you may have to hire a lawyer to prove it, like the right to carry a handgun in your car

No it's not if you have a minimum of 10 acres and are so many feet from the road.

We use to hunt all over southern fort worth and everman growing up in these empty fields and the cops would come out and just make sure we were 200 yards from any road or house. Not one time did we ever get a ticket or arrested. These fields are now houses and the QT, aww what good bird hunting it was. You could go out get your limit in 15min and be home for dinner. I have a friend that still does this in the land behind his home up in Saginaw. He told me the game warden came last year checked his license and never said word. Not sure the wardens name but it was a female. So I guess it depends on the mood of the cop???

Use some common sense about things...would you enter someone else's home while they are not there because it was not marked that it was their home? Would you want someone else to do that to you?

All of our land is fenced, if I found you on it and didnt know you were going to be there, there would be some problems. If it was not fenced and I found you on it, there would still be problems.

Bottom line is someone paid for this property and therefore they own it, land is not cheap and NO-ONE wants to drive up to a stranger on their place...be smart get permission...written.

In most cities you can hunt inside city limits with a shotgun on 10 acres or more. That is the case in Denton and Taylor for sure. Just check with the city first.

If it is not yours or you do not have permission to be their, then don't go on some elses land. Use some common courtesy.

Do you carry the deed for ownership or a permission slip from owner of property.?Not a cousin or friend but from owner of said property stating what you are on the property for.If not you will have a good chance in going to jail.Why risk it?

Good Lord where do these people come from! Ummm, well it's not mine but oh well I guess NOBODY owns it since it's vacant. At least he came here and asked before doing something stupid. But how many other people think the same way he was? I can understand B. Gordon's situation but come on what's wrong with peoples common sense these days?

With Texas having 1,000,000 acres of public hunting land,why risk any hassle? A simple $48 permit solves that issue.

My land is posted and I had a poacher so I called the game warden. Heres what he told me. 1, if I catch them on your property thats treaspassing. 2, if they have a gun thats criminal trespassing...up to 6 months in jail and a 1000 dollar fine. 3, if they have killed a deer thats a felony...up to a year in state prison, 2000 dollar fine and I'll take everyting they have..gun, truck, binoculars, everything.

Well, I found out the poacher was a relative. I got word to him, that if I catch him, I'd do the same thing they did in the movie deliverence.

OK, if it is not yours or you do not have permition to hunt it or be on it, then don't be on it!! That simple!! My father owns a small place in Young county, I do not have to ask and I sure do not carry a writen permition slip on me when I go hunting out there! I do not own it but can treat it as my own! I have a lease in Parker county bought and paid for, I do not carry a writen permition slip with me there either! I have a very clean record other than 2 speeding tickets! When they run your DL# it says alot about you! Just use you head for something other than a hat rack!!

All you need to read texas penal code 30.05 No he would not be breaking a law

Every year people come on her and ask the same question. I wonder how many people just do it and don't ask.

As for hunting in the city limits. I called the city of Weatherford about 4 years ago and asked them if it was legal for me. They said NO. I live on 20 acres in the city. I called the DA and spoke to them. I also called code enforcement. In the end, I had a written letter from the assistant cief of police saying it was legal for me to hunt/shoot shotguns, bows, and pellet guns on my land. He also said he would re-educate his police. I did all this before I had a police show up on my land pointing a gun at me.

I wouldn't do it...some landowners will try to throw you under the jail & have all kinds of LEOs on speed dial.

that would get alot of folks threw in the pokey around here. i've got a ton of country thats not posted or fenced but will cost folks plenty if caught hunting there.