Picking Pecans In Texas Could Lead To Jail Time

We have a huge pecan tree next to my window at the radio station here in Lufkin. Every year, it must be cut back because it's touching the roof of the building. 

Get our free mobile app

In the fall, there will be good-sized pecans feeding squirrels and workers who come through to do the yard. I wondered if it was illegal for anyone to take our pecans, and I did some research and found that the pecan tree was designated as the state tree of Texas in 1919.

Pecans are a major crop in Texas, and many a Texan shelled pecans as a job for a couple of dollars a week 100 years ago. Now, it is 100% handled by machines, and you could get arrested trying to pick any that don't belong to you.

Causing Pecans To Fall From A Tree In Texas Is Illegal

There are no laws about picking pecans off the ground in public spaces, but when they are still on the tree, the Texas Government Code is clear. If you cause the pecans to fall, or "thrash" the pecans, aka "cause them to fall by shaking or hitting the tree," you could land in jail.

According to FindLaw, a person commits an offense if they cause pecans to fall from a tree by any means, including thrashing. There are exceptions for the harvesting of the pecans; the rules only apply if they aren't your trees and you don't have permission.

Read More: Don't Break Your Diet With These Options At Buc-ee's

It is a misdemeanor to thrash the state tree. You could be subject to a fine between $5 and $300 or be confined to the county jail for up to 3 months, or both.