Texas, with its diverse wildlife, often sparks curiosity about keeping native animals as pets. Among these, the opossum, or possum, frequently captures attention. If you’re wondering “Can You Have A Possum As A Pet In Texas?”, it’s essential to understand the legal landscape surrounding wildlife ownership in the Lone Star State.
Texas law designates opossums as fur-bearing animals. This classification is crucial because it places them under specific regulations primarily managed by the Texas Parks and Wildlife Department (TPWD). These regulations are in place to manage and conserve wildlife populations, and they significantly impact the legality of possessing a possum as a pet.
According to Texas statutes, specifically section 71.005 of the Parks and Wildlife Code, possessing a live fur-bearing animal generally requires a Fur-Bearing Animal Propagation License. This license is intended for individuals involved in breeding or propagating these animals, typically for commercial purposes. However, there’s a notable exception that sometimes leads to confusion regarding pet ownership.
Subsection (d) of section 71.005 states that a person with a valid Texas hunting license may “take and possess” a fur-bearing animal, including opossums, under specific conditions. These conditions are critical: the animal cannot be taken for sale, barter, or exchange, and the number taken must not exceed daily bag limits set by TPWD regulations. This provision is designed for hunting and managing wildlife populations, not for keeping wild animals as pets.
Furthermore, it’s important to consider what “take” legally means. Texas law defines “take” broadly to include “the act of snaring, trapping, shooting, killing, or capturing by any means and includes an attempt to take.” Therefore, even capturing a possum with the intent to keep it as a pet could be interpreted as “taking” under the law.
While the hunting license exception might seem like a loophole, it’s not designed to circumvent the need for proper licenses for possessing wildlife as pets. Moreover, local city and county ordinances can further restrict or even prohibit keeping wild animals, including opossums, within their jurisdictions. These local laws are often more restrictive than state regulations and are crucial to consider.
In conclusion, while Texas law has complexities regarding fur-bearing animals, it does not readily permit keeping opossums as pets. The hunting license exception is narrowly defined and not intended for pet ownership. To legally possess an opossum, obtaining a Fur-Bearing Animal Propagation License might be necessary if you intend to breed them, but for simply keeping one as a pet, the legal pathway is unclear and potentially restricted. Always consult with your local animal control and the Texas Parks and Wildlife Department to ensure full compliance with all state and local regulations before considering keeping any wild animal as a pet.
References:
- Texas Parks and Wildlife Department – Fur-Bearing Animal Regulations: https://tpwd.texas.gov/regulations/outdoor-annual/hunting/fur-bearing-animal-regulations/
- Texas Parks and Wildlife Code, Section 71.005: https://statutes.capitol.texas.gov/Docs/PW/htm/PW.71.htm
