If you have a pecan tree near your window or on your property in Texas, you might already know how valuable these trees are. Pecans are a significant part of Texas’ culture and economy, with the pecan tree even being designated as the state tree in 1919.
Every year, you’ll likely see squirrels feasting on the falling nuts and workers gathering them as part of their seasonal job. But what about picking those pecans yourself? Are there any laws surrounding it? Let’s take a closer look.
Pecans and Their Importance in Texas
Pecans are a major crop in Texas, a state known for producing a large portion of the nation’s pecans. A century ago, many Texans would shell pecans for a few dollars a week, but nowadays, harvesting is all done by machines.
These machines handle the heavy lifting, making it much easier and more efficient to gather the nuts. However, despite modern technology, there are still strict rules in place regarding who can pick pecans and how they should be harvested.
Is It Illegal to Take Pecans That Aren’t Yours?
When it comes to picking pecans, Texas law has clear guidelines. The laws don’t necessarily prohibit picking pecans off the ground in public spaces, but they are strict about harvesting pecans directly from the tree.
Under the Texas Government Code, it is illegal to cause the pecans to fall from a tree—a process known as “thrashing.” This means that if you shake the tree or hit the branches to make the nuts fall, you could be breaking the law.
What Happens If You Thrash a Pecan Tree?
The law is pretty clear: if you don’t own the tree and don’t have permission to harvest the nuts, causing the pecans to fall by thrashing or shaking the tree is considered an offense. It’s classified as a misdemeanor, which can carry some consequences. If you’re caught, you could face:
-A fine between $5 and $300.
-Jail time for up to 3 months in the county jail, or both.
So, while you may enjoy the sight of the pecans falling from the tree, if it’s not on your property, you should avoid trying to harvest them.
Exceptions to the Rule
There are exceptions when it comes to harvesting pecans, such as if the tree is on your property or if you have the permission of the landowner. If you own the tree, of course, you’re free to harvest the pecans as you wish.
However, if the tree is on public land or someone else’s private property, always make sure to get permission before attempting to pick or cause the nuts to fall.