Can you keep backyard chickens in Texas?
A Texas municipality may regulate how land is used (Local Government Code s. 211.003), so check yours. Whether the Agriculture Code's 2023 preemption section limits its chicken rules wasn't established.
Read from 7 official sources48 passages quotedChecked October 25, 2026
At a glance
Registering your flock
Where hens can live
Bird-flu housing orders
Welfare rules
Who decides where hens can live
The state law we read gives a named local body its own powers over where hens can live. What the checked sources say:
- The governing body of a Texas municipality may regulate the location and use of buildings, other structures and land for business, industrial, residential or other purposes.
- Since September 1, 2023, unless another statute expressly authorizes it, a municipality or county may not adopt, enforce or maintain an ordinance, order or rule regulating conduct in a field of regulation occupied by a provision of the Agriculture Code; one that does is void.
No statewide permission or prohibition on keeping chickens is established by this finding. Your municipality may regulate land use, so check with it; whether the Agriculture Code's preemption section limits its chicken rules wasn't established. This page names the state law, not its own ordinances, and doesn't cover county powers or HOA, rooster or setback rules.
The law's own words are quoted under state rules on keeping poultry below.
How to check: Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
A sourced reading of Texas's state law, not legal advice. Local ordinances and zoning, HOA rules, and any local rooster or coop limits aren't covered here yet: check your local code before you get hens.
Keeping your flock
These findings cover the national or state scope stated below. They do not determine whether chickens are allowed at a particular home. City zoning, property restrictions and other local rules are outside this research.
Registering as a poultry keeper
Conditions apply to this finding
Jurisdiction: Texas
Applies to: The Texas Animal Health Commission (TAHC) registration of sellers, distributors and transporters of live domestic or exotic fowl (Agriculture Code s. 161.0411 and TAHC rule chapter 54, as compiled by TAHC effective September 16, 2025).
Outside this finding's scope
- Registration is written for sellers, distributors and transporters. Chapter 54 as read does not address keepers who do not sell, distribute or transport fowl, and no general keeper registration duty was found in Agriculture Code chapter 161 as read; that is not proof that none exists.
- The rules were read in TAHC’s own compilation effective September 16, 2025; later amendments are not shown.
What the checked sources say
- Texas law says a seller, distributor or transporter of live domestic or exotic fowl must register with TAHC. In TAHC’s rule, domestic fowl means any species of fowl domestically propagated and maintained for food, eggs, or agricultural exhibition and recreation; it includes, but is not limited to, domesticated breeds of chickens, turkeys, domestic mallard and Muscovy ducks, and domestic geese.
- Under TAHC’s rule, the seller duty applies to someone who sells domestic fowl (or domestic and exotic fowl) somewhere other than the premise of origin, or at a place where such fowl are congregated, or who sells any fowl TAHC has epidemiologically found to be high risk for disease. Distributors of these fowl, and transporters who move them for hire, must register too.
- As checked on 25 October 2026, TAHC’s poultry page said that if you sell domestic or exotic fowl from your residence only, you are not considered a distributor or transporter under the program and do not need to register as part of it. TAHC’s rule, however, counts as a distributor any person who acquires domestic or exotic fowl from multiple flocks or geographic areas for resale to another person, and its seller duty covers sales at a location other than the premise of origin, so the page’s statement may not cover someone who resells bought-in birds from home.
- The application lists each location where you sell, distribute or transport fowl and comes with an annual fee. A registration lasts one year.
Exemptions and their limits
- TAHC may exempt people taking part in a disease surveillance program it recognises. Its rule lists the National Poultry Improvement Plan with the U.S. Pullorum-Typhoid Clean and U.S. Avian Influenza Clean programs, the Texas Poultry Federation Avian Influenza Monitoring Program, and sellers, distributors or transporters of only baby poultry from an NPIP hatchery with NPIP Form 9-3 or APHIS Form 17-6.
Authority: Texas Animal Health Commission (TAHC)
Fee: The annual seller fee depends on the most fowl owned or managed at one time in the previous twelve months: $35.00 for less than 100 fowl, $125.00 for 100 to 499, $250.00 for 500 through 999, $400.00 for 1000 to 2,499, and $600.00 for 2,500 or more. A distributor or transporter pays $600.00 a year.
The official wording
A seller, distributor, or transporter of live domestic or exotic fowl in this state shall register with the commission under this section. The commission may exempt from registration a person participating in a disease surveillance program recognized by the commission.
Agriculture Code s. 161.0411(a) · Checked
A person must complete an application for a certificate of registration that includes a list of each location at which the person conducts the sale, distribution, or transportation of domestic or exotic fowl.
(1) a seller who sells: (A) domestic fowl or domestic and exotic fowl at a location, other than the premise of origin, or (B) domestic fowl or domestic and exotic fowl at a location where domestic fowl or domestic and exotic fowl are congregated, or
4 TAC s. 54.2(a)(1)(A)-(B), TAHC compiled rules p. 203 · Checked
(C) any fowl where it has been epidemiologically determined by the commission to be a high risk for disease.
4 TAC s. 54.2(a)(1)(C), p. 203 · Checked
(2) a distributor of domestic fowl or domestic and exotic fowl. (3) a transporter of domestic fowl or domestic and exotic fowl.
4 TAC s. 54.2(a)(2)-(3), p. 203 · Checked
(4) "Domestic Fowl"--Any species of fowl domestically propagated and maintained for food, eggs, or agricultural exhibition and recreation. Domestic Fowl includes, but is not limited to, the various domesticated breeds of chickens (Gallus gallus domesticus), turkeys (Meleagris gallopavo), Domestic Mallard ducks (Anas platyrhynchos domesticus), Muscovy ducks (Cairina moschata domesticus), Domestic geese (Anser anser domesticus).
4 TAC s. 54.1(4), p. 202 · Checked
(14) "Seller"--Any person who sells, trades, exchanges or barters domestic or exotic fowl.
4 TAC s. 54.1(14), p. 203 · Checked
(15) "Transporter"--A person that transports, for hire, domestic or exotic fowl from a producer premises to another premises, a live bird market, a fowl market or to another person.
4 TAC s. 54.1(15), p. 203 · Checked
(3) "Distributor"--Any person engaged in sales and/or movement of live domestic or exotic fowl between a production system and a live bird market or fowl market or acquires domestic or exotic fowl from multiple flocks or geographic areas for resale to another person.
4 TAC s. 54.1(3), p. 202 · Checked
(1) National Poultry Improvement Plan ("NPIP") with the "U.S. Pullorum-Typhoid Clean'' ("PT") and "U.S. Avian Influenza Clean" ("LPAI") programs (2) The Texas Poultry Federation Avian Influenza Monitoring Program (3) sellers, distributor or transporter of only fowl classified as baby poultry, at the time of receipt, from NPIP hatchery and accompanied by NPIP Form 9-3, or APHIS Form 17-6.
4 TAC s. 54.3(b)(1)-(3), p. 204 · Checked
(a) The annual registration fee for a seller shall be based on the maximum number of fowl, during the previous twelve (12) months, being owned or managed by the registrant at any one time: (1) $35.00 for less than 100 fowl.
4 TAC s. 54.4(a)(1), p. 204 · Checked
(2) $125.00 for 100 to 499 fowl. (3) $250.00 for 500 through 999 fowl. (4) $400.00 for 1000 to 2,499 fowl. (5) $600.00 for 2,500 fowl or greater.
4 TAC s. 54.4(a)(2)-(5), p. 205 · Checked
(b) The annual certificate of registration fee for a distributor or transporter of fowl shall be $600.00.
4 TAC s. 54.4(b), p. 205 · Checked
The TAHC registers domestic and exotic fowl sellers, distributors, or transporters who do not participate in disease surveillance programs (i.e., National Poultry Improvement Plan (NPIP)) recognized by the TAHC. Registrations are good for one year from the date of issuance.
TAHC Poultry & Fowl page, "Poultry & Fowl Registration", first paragraph · Checked
If you sell domestic or exotic fowl from your residence only, you are not considered a distributor or transporter under this program and you do not need to register as part of the fowl registration program.
TAHC Poultry & Fowl page, "Poultry & Fowl Registration", second paragraph · Checked
Bird-flu housing orders
Current status needs rechecking
Check the official current-status pageOrders can change between checks. A missed check or an expired order does not establish that no order applies.
Housing-order finding as checked on 2026-10-25
The scope and conditions below are a dated record, not confirmation of today's position.
Conditions apply to this finding
Uses housing orders in this scope: Yes, according to the checked evidence, within the limits listed under “Outside this finding’s scope” below.
Jurisdiction: Texas
Applies to: TAHC’s disease-control and quarantine powers over domestic fowl under Agriculture Code chapter 161 (ss. 161.001, 161.041, 161.061, 161.0615 and 161.064) and its rules (chapters 54 and 58, as compiled effective September 16, 2025).
Outside this finding's scope
- These powers do not in terms require birds to be kept indoors; the statute describes a quarantine’s effect mainly through limits on moving animals. This finding does not establish that any quarantine or order applies now. The rules were read in TAHC’s own compilation effective September 16, 2025; later amendments are not shown.
What the checked sources say
- TAHC must protect domestic fowl from diseases it decides need control or eradication, and may act to eradicate or control any disease affecting them, including by rules on testing, movement, inspection and treatment.
- TAHC may quarantine a state, territory or country where a listed disease exists, and a quarantine may extend to any affected area, including a county, pasture, lot, ranch, farm, field, building or stable. A quarantine of a location covers all domestic fowl of the kind named in the notice that are on or enter it, whoever owns them. TAHC may also quarantine domestic fowl in all or part of Texas to restrict immediately the movement of animals potentially infected.
- Under TAHC’s rules as compiled effective September 16, 2025, if the executive director finds that a disease covered by rule 58.2 exists in a place in Texas, or that livestock (a term that includes domestic fowl in that chapter) are exposed to or infected with one of those diseases, the executive director must quarantine the affected animals or the affected place, and may set requirements on quarantine, disposal, testing, movement, inspection and treatment. Movement of exposed or infected fowl is restricted, by a quarantine or hold order, to any specified location once the owner or caretaker has received written notice that movement restrictions are in place.
- As checked on 25 October 2026, TAHC’s HPAI page said poultry producers and owners should practice strict biosecurity and, most importantly, prevent exposure to wild waterfowl, and asked owners whose birds look sick or who see more deaths to call their private veterinarian or TAHC region office immediately.
- Current mandatory housing status remains unconfirmed.
- Checked
- Recheck due
Historical evidence, as checked
These quotations record what was checked on the dates shown. They do not confirm an order's current status.
(1) "Animal" includes livestock, exotic livestock, domestic fowl, and exotic fowl.
Agriculture Code s. 161.001(a)(1) · Checked
The commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the commission determines require control or eradication.
(b) The commission may act to eradicate or control any disease or agent of transmission for any disease that affects livestock, exotic livestock, domestic fowl, or exotic fowl, regardless of whether the disease is communicable, even if the agent of transmission is an animal species that is not subject to the jurisdiction of the commission.
The commission may adopt any rules necessary to carry out the purposes of this subsection, including rules concerning testing, movement, inspection, and treatment.
(a) The commission may establish a quarantine against all or the portion of a state, territory, or country in which a disease listed in rules adopted under Section 161.041 exists. (b) A quarantine established under Subsection (a) may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.
Agriculture Code s. 161.061(a)-(b) · Checked
A quarantine that is established for any location has the effect of quarantining all livestock, domestic animals, or domestic fowl of the kind mentioned in the quarantine notice that are on or enter that location during the existence of the quarantine, regardless of who owns or controls the livestock, domestic animals, or domestic fowl.
Agriculture Code s. 161.064 · Checked
The commission may quarantine livestock, exotic livestock, domestic fowl, or exotic fowl in all or any part of this state as a means of immediately restricting the movement of animals potentially infected with disease and shall clearly describe the territory included in a quarantine area.
Agriculture Code s. 161.0615(a) · Checked
(15) "Livestock" includes cattle, horses, mules, asses, sheep, goats, hogs, domestic fowl, exotic livestock and exotic fowl.
4 TAC s. 58.1(15), p. 240 · Checked
If the executive director determines that a disease as identified in §58.2 (a) of this title (relating to Disease Control) or an agent of transmission of one of those diseases exists in a place in this state, or that livestock are exposed to or infected with one of those diseases
4 TAC s. 58.11(a), first sentence, opening, p. 243 · Checked
then the executive director shall establish a quarantine on the affected animals or on the affected place.
4 TAC s. 58.11(a), first sentence, closing, p. 243 · Checked
(d) The Executive Director is authorized to determine the necessary requirements related to quarantine, disposal, testing, movement, inspection, and treatment.
4 TAC s. 58.2(d), p. 241 · Checked
the movement of exposed or infected fowl shall be restricted, by a quarantine or hold order, to any specified location when an owner or caretaker for fowl has received written notice that movement restrictions are in place.
Livestock and poultry producers and owners should practice strict biosecurity; most importantly, prevent exposure to wild waterfowl.
TAHC HPAI page, "Current HPAI Background", fifth paragraph · Checked
If your birds appear sick or you have experienced increased mortality, immediately call your private veterinarian or your TAHC region office
TAHC HPAI page, "Report sick and dead birds immediately." · Checked
Small-flock welfare minimums
Conditions apply to this finding
Jurisdiction: Texas
Applies to: Texas Penal Code s. 42.09, cruelty to livestock animals (which include poultry commonly raised for human consumption and fowl commonly raised under agricultural practices), and s. 42.092 for animals that are not livestock animals.
Outside this finding's scope
- It is an exception to both s. 42.09 and s. 42.092 that the conduct is a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals, or generally accepted and otherwise lawful conduct solely for or in support of fishing, hunting or trapping, or wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law. Bona fide experimentation for scientific research is a defence under both sections.
- The sections read set no numerical space or housing standard.
What the checked sources say
- It is an offence to intentionally or knowingly fail unreasonably to provide necessary food, water or care for a livestock animal in your custody, to abandon one unreasonably, or to transport or confine one in a cruel and unusual manner. Necessary food, water or care includes what is needed to keep the animal in a state of good health, and custody includes responsibility for an animal in your care and control, whoever owns it.
- These offences are Class A misdemeanors; they become a state jail felony after two earlier convictions under s. 42.09 or s. 42.092, or one under each.
- For a bird that is not a livestock animal, s. 42.092 covers a domesticated living creature: it is an offence to intentionally, knowingly, recklessly or with criminal negligence fail unreasonably to provide necessary food, water, care or shelter for an animal in your custody, or to confine it in a cruel manner. These offences are also Class A misdemeanors, rising to a state jail felony after two earlier convictions under either section, or one under each.
The official wording
(a) A person commits an offense if the person intentionally or knowingly: (1) tortures a livestock animal; (2) fails unreasonably to provide necessary food, water, or care for a livestock animal in the person's custody; (3) abandons unreasonably a livestock animal in the person's custody; (4) transports or confines a livestock animal in a cruel and unusual manner;
Penal Code s. 42.09(a)(1)-(4) · Checked
(5) "Livestock animal" means: (A) cattle, sheep, swine, goats, ratites, or poultry commonly raised for human consumption; (B) a horse, pony, mule, donkey, or hinny; (C) native or nonnative hoofstock raised under agriculture practices; or (D) native or nonnative fowl commonly raised under agricultural practices.
Penal Code s. 42.09(b)(5) · Checked
(6) "Necessary food, water, or care" includes food, water, or care provided to the extent required to maintain the livestock animal in a state of good health.
Penal Code s. 42.09(b)(6) · Checked
(3) "Custody" includes responsibility for the health, safety, and welfare of a livestock animal subject to the person's care and control, regardless of ownership of the livestock animal.
Penal Code s. 42.09(b)(3) · Checked
An offense under Subsection (a)(2), (3), (4), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.092, or one time under this section and one time under Section 42.092.
Penal Code s. 42.09(c), first sentence · Checked
(e) It is a defense to prosecution for an offense under this section that the actor was engaged in bona fide experimentation for scientific research.
Penal Code s. 42.09(e) · Checked
(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful: (1) form of conduct occurring solely for the purpose of or in support of: (A) fishing, hunting, or trapping; or
(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (2) animal husbandry or agriculture practice involving livestock animals.
Penal Code s. 42.09(f)(1)(B)-(2) · Checked
(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.
Penal Code s. 42.092(a)(2) · Checked
(b) A person commits an offense if the person intentionally, knowingly, recklessly, or with criminal negligence:
Penal Code s. 42.092(b), opening · Checked
(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;
Penal Code s. 42.092(b)(3) · Checked
(5) transports or confines an animal in a cruel manner;
Penal Code s. 42.092(b)(5) · Checked
(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09 , or one time under this section and one time under Section 42.09 .
Penal Code s. 42.092(c) · Checked
(2) the actor was engaged in bona fide experimentation for scientific research.
Penal Code s. 42.092(d)(2) · Checked
(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or (2) animal husbandry or agriculture practice involving livestock animals. (g) This section does not create a civil cause of action for damages or enforcement of the section.
National or state rules on keeping poultry
Conditions apply to this finding
Jurisdiction: Texas
Applies to: Texas municipalities’ zoning power (Local Government Code s. 211.003) and the Agriculture Code’s preemption section (s. 1.004).
Outside this finding's scope
- No statewide permission or prohibition on keeping chickens is established by this finding. Your municipality may regulate land use, so check with it; whether the Agriculture Code's preemption section limits its chicken rules wasn't established. This page names the state law, not its own ordinances, and doesn't cover county powers or HOA, rooster or setback rules.
- Whether the Agriculture Code preemption section limits local rules on keeping chickens was not established, and court decisions on it were not checked. County zoning powers were not found in the sections read.
What the checked sources say
- The governing body of a Texas municipality may regulate the location and use of buildings, other structures and land for business, industrial, residential or other purposes.
- Since September 1, 2023, unless another statute expressly authorizes it, a municipality or county may not adopt, enforce or maintain an ordinance, order or rule regulating conduct in a field of regulation occupied by a provision of the Agriculture Code; one that does is void.
The official wording
(a) The governing body of a municipality may regulate:
(5) the location and use of buildings, other structures, and land for business, industrial, residential, or other purposes;
Local Government Code s. 211.003(a)(5) · Checked
Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code. An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
Agriculture Code s. 1.004 · Checked
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127 ), Sec. 5, eff. September 1, 2023.
Agriculture Code s. 1.004, history line · Checked
Bird flu right now? PoultryPal's bird-flu tracker for Texas has the latest we've checked.
Next door
Every state on the map →Common questions
- Do I have to register backyard chickens in Texas?
- Registration: conditions apply. The finding covers: The Texas Animal Health Commission (TAHC) registration of sellers, distributors and transporters of live domestic or exotic fowl (Agriculture Code s. 161.0411 and TAHC rule chapter 54, as compiled by TAHC effective September 16, 2025). Outside this finding's scope: Registration is written for sellers, distributors and transporters. Chapter 54 as read does not address keepers who do not sell, distribute or transport fowl, and no general keeper registration duty was found in Agriculture Code chapter 161 as read; that is not proof that none exists. The rules were read in TAHC’s own compilation effective September 16, 2025; later amendments are not shown. Exemptions and their limits: TAHC may exempt people taking part in a disease surveillance program it recognises. Its rule lists the National Poultry Improvement Plan with the U.S. Pullorum-Typhoid Clean and U.S. Avian Influenza Clean programs, the Texas Poultry Federation Avian Influenza Monitoring Program, and sellers, distributors or transporters of only baby poultry from an NPIP hatchery with NPIP Form 9-3 or APHIS Form 17-6. Authority: Texas Animal Health Commission (TAHC).
- Can I keep chickens in my backyard in Texas?
- The state law we read gives a named local body its own powers over where hens can live. The governing body of a Texas municipality may regulate the location and use of buildings, other structures and land for business, industrial, residential or other purposes. Since September 1, 2023, unless another statute expressly authorizes it, a municipality or county may not adopt, enforce or maintain an ordinance, order or rule regulating conduct in a field of regulation occupied by a provision of the Agriculture Code; one that does is void. No statewide permission or prohibition on keeping chickens is established by this finding. Your municipality may regulate land use, so check with it; whether the Agriculture Code's preemption section limits its chicken rules wasn't established. This page names the state law, not its own ordinances, and doesn't cover county powers or HOA, rooster or setback rules. Look up the local rules where you live (the ordinances, bylaws or zoning of the body named here), or ask that office, before you get hens.
- Do I have to keep my hens indoors for bird flu in Texas?
- Housing orders come and go, so we never show one as current. This page links the official status page to check today. PoultryPal's bird-flu tracker page for Texas has the latest we've checked.
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