Is It Illegal to Kill Squirrels in Texas? Rules and Penalties

In Texas, it is illegal to kill a squirrel unless you are hunting it under a valid license, during an open season for your county, within the bag limit, or acting under a depredation permit from Texas Parks and Wildlife. Gray and fox squirrels are classified as game animals, which puts them in the same regulatory category as deer and means the state, not the landowner, decides when and how they can be taken.

Why Squirrels Are Treated Like Deer

Texas Parks and Wildlife Code Section 63.001 lists gray (cat) squirrels and fox squirrels as game animals under the authority of the Texas Parks and Wildlife Department (TPWD).¹ That classification is the reason a backyard squirrel gets the same baseline legal protection as a white-tailed deer. Killing one outside the rules is a criminal offense, not a private decision.

What Legal Squirrel Hunting Requires

A Hunting License, Even on Your Own Land

Section 42.002 of the Parks and Wildlife Code requires every resident to hold a hunting license before taking any bird or animal in the state, and non-residents face the same requirement.² A resident hunting license costs $25; a non-resident general hunting license is $315.³

People often assume the landowner exemption that covers feral hogs also covers squirrels. It does not. Section 42.002 exempts residents from needing a license to take feral hogs on their own property, and it exempts holders of a trapper’s license taking fur-bearing animals.² Squirrels are game animals, not fur-bearers, so you need a license to hunt them on your own land.

Anyone born on or after September 2, 1971, must also complete a state-approved hunter education course before hunting with firearms or archery equipment.⁴

Where and When You Can Hunt

Texas handles squirrel seasons by zone, and the differences are large.

East Texas (51 counties): A split general season runs October 1 through the last Sunday in February, then reopens May 1 through May 31, with a youth-only season in late September.⁵
Most other counties (roughly 157): Open season runs year-round, September 1 through August 31.⁶
Panhandle and far West Texas: No open season exists. Hunting squirrels there is prohibited year-round, even with a license.⁷

Bag Limits and Wanton Waste

In the 51 East Texas counties, the limit is 10 squirrels per day with a possession limit of 20.⁶ In the other open-season counties, there is no bag limit.

Section 62.011 is Texas’s wanton waste law. A hunter who kills a game animal and intentionally fails to make a reasonable effort to retrieve it commits an offense, as does a hunter who possesses a game animal and fails to keep the edible portions in edible condition. Squirrels count. A violation triggers automatic license revocation under Section 12.5015.⁸

When Squirrels Are Damaging Your Property

Because squirrels are game animals, they are not covered by the fur-bearer depredation provision in Section 71.004 that lets landowners remove certain nuisance animals without a permit.⁹ If squirrels are tearing up your crops, your attic, or your wiring, the legal path is a depredation permit from TPWD under Chapter 43, Subchapter H (Sections 43.151 through 43.158), administered through 31 Texas Administrative Code Sections 65.220 through 65.233.¹⁰ The permit authorizes lethal removal of specific game animals causing documented damage. TPWD’s Wildlife Damage Management Service is the starting point.

City and suburban residents have another layer to deal with. Local ordinances usually restrict firearm discharge inside city limits regardless of state hunting law, which rules out shooting squirrels in most residential settings. Exclusion, habitat modification, and live trapping are often the only realistic options. Before trapping a squirrel, check with your local TPWD office and municipal animal control about permit rules and where a captured squirrel can lawfully be released.

What Changes Once a Squirrel Is Captured

Texas Penal Code Section 42.092 criminalizes torturing an animal or killing one in a cruel manner, with penalties ranging from a Class A misdemeanor to a third-degree felony. The statute defines “animal” as a domesticated creature or a wild creature that has been previously captured. A wild squirrel in a tree is outside that definition. A squirrel you have trapped is inside it, and killing a captured squirrel in a cruel manner can carry prison time on top of any wildlife violation.

Penalties for Killing a Squirrel Illegally

Hunting a squirrel without a license, outside an open season, or over the bag limit is a Class C Parks and Wildlife misdemeanor, with a fine of $25 to $500.¹¹ Hunting on another person’s property without consent under Section 61.022 can lead to automatic license revocation for one to five years.⁸

The broader penalty structure under Texas wildlife law:

Class C misdemeanor: $25 to $500 for basic violations like hunting without a license or exceeding bag limits.
Class B misdemeanor: $200 to $2,000 and up to six months in jail for more serious offenses.
Class A misdemeanor: $500 to $4,000 and up to one year in jail.
State jail felony: $1,500 to $10,000 and up to two years in jail for the most serious violations, such as organized or commercial poaching.¹¹

Courts can also order forfeiture of hunting gear, including firearms used to commit the offense.¹¹ The TPWD director can separately suspend or revoke a license under Section 12.501 after a code conviction or when a permittee owes the state fees or penalties.¹²

1
State of Texas. Parks and Wildlife Code Chapter 63 – Section: Subchapter A. Game Animals
2
State of Texas. Texas Parks and Wildlife Code Section 42.002 – Resident License Required; Exemptions
3
Texas Parks & Wildlife Department. Hunting Licenses, Permits and Endorsements
4
Texas Parks & Wildlife Department. Hunter Education Requirements by State/Territory
5
Texas Parks & Wildlife Department. Squirrel – 2025-2026 Seasons and Regulations
6
Cornell Law School. 31 Texas Administrative Code 65.46 – Squirrel Open Seasons, Bag, and Possession Limits
7
Texas Parks & Wildlife Department. Squirrel Hunting: Small Game, Big Opportunity
8
Texas Public Law. Texas Parks and Wildlife Code Section 12.5015 – Automatic Revocation of Hunting or Fishing License or Permit
9
State of Texas. Texas Parks and Wildlife Code Section 71.004 – Prohibited Acts
10
Texas Parks & Wildlife Department. Depredation Permit
11
Texas Parks & Wildlife Department. Hunting Laws, Penalties and Restitution
12
State of Texas. Parks and Wildlife Code Chapter 12 – Powers and Duties Concerning Wildlife