Texas Bat Laws for Homeowners: What You Can and Can't Do About Bats

Texas protects bats by law, but it also makes a clear exception for bats in buildings where people live and work. Here is what the statute actually says, what TPWD and DSHS add, and why the legal route and the effective route for getting bats out of a Texas home turn out to be the same one.

The short version

Bats are protected in Texas. Parks and Wildlife Code §63.101 says no one may hunt a bat or buy, sell or possess a bat or any part of one, dead or alive, unless an exception applies.
Bats in occupied buildings are the main exception. The same section says a bat may be removed or hunted if it is inside or on a building occupied by people.
Timing still matters. TPWD discourages excluding bats from buildings from May 1 to August 15, when young can't fly and may be trapped inside.
A bat that may have exposed someone to rabies should be kept for testing, and Texas law expressly allows transporting it to a lab.
There are no poisons for bats. Texas A&M AgriLife says no toxicants are registered for bat control. Exclusion is the method.

What Parks and Wildlife Code §63.101 says

Texas's bat statute, §63.101, Protection of Bats, was added in 2001. Subsection (a) makes it an offense to hunt a bat, or to sell, offer for sale, purchase, offer to purchase, or possess after purchase a bat or any part of a bat, dead or alive. Subsection (b) then says a bat may be removed or hunted if the bat is inside or on a building occupied by people.

Subsection (c) lists people the section doesn't apply to at all:

an animal control officer, peace officer or health official who captures a bat they consider injured or diseased;
a person who transports a bat for laboratory testing if the bat has exposed or potentially exposed humans or domestic animals to rabies; and
a person who is licensed to provide pest control services.

Under §63.104, violating §63.101 is a Class C Parks and Wildlife Code misdemeanor.

TPWD's Outdoor Annual summarizes the rule for the public: bats may not be hunted, killed, possessed, purchased or sold, but they may be moved, trapped or killed if inside or on a building occupied by people, and a person may transport a bat for laboratory testing if there is a rabies or white-nose syndrome concern.

What the law allows is not always what works

The occupied-building exception makes it legal to deal with bats in your house. It doesn't make killing them a good idea. A colony that is poisoned, trapped inside or sealed in dies in the walls and attic, where the odor and insects become the next problem, and any bat you miss will keep using the gaps. TPWD, Texas A&M AgriLife and Texas cities all point homeowners to the same method: let the bats out through one-way exits, then seal the openings.

AgriLife's Controlling Bats publication says the best way to keep bats out of a building is to close every opening they use, that bats can crawl through gaps as narrow as 3/8 inch, and that exclusion devices such as netting or smooth tubes should stay up for at least 5 to 7 days before the openings are sealed. It adds that trapping bats should be left to professionals or people experienced in handling them, and that before any bat control or relocation of captured bats, you should contact local TPWD representatives, since some Texas bat species are protected by state law.

Repellents, poisons and gadgets

AgriLife is blunt on these:

Poisons: there are no toxicants registered for bat control.
Chemical repellents: naphthalene is the only chemical registered as a bat repellent, it works only for a limited time, and bats may return once the odor fades. Follow the label on any chemical.
Ultrasonic devices: a variety are sold, but AgriLife calls their effectiveness questionable.
Lights: floodlights in an attic can make bats leave and are cleaner and safer than chemicals, but can be difficult and costly to set up.

None of these replaces sealing the house. They only change how comfortable the roost is for a while.

The May 1 to August 15 pup season

The pup-season guideline isn't written into §63.101, but TPWD's Outdoor Annual states it plainly: excluding bats from buildings is discouraged from May 1 to August 15, when young are unable to fly and may be trapped. Cities repeat it. Sugar Land's bat page, for example, warns that patching holes from May through August can trap juvenile bats that can't fly. Sealing a house in June can leave flightless pups to die inside and adult bats searching for a new way in, sometimes into the living space. In most of Texas, that makes mid-August through fall the main exclusion season, with early spring as a second window.

Rabies: testing, transport and reporting

Bats are the most commonly reported rabid animal in Texas. In DSHS's 2024 rabies summary, 205 of the state's 412 positive animals were bats. Because of that, Texas law protects the ability to test a bat after a possible exposure: §63.101(c)(2) exempts anyone transporting a bat for laboratory testing when it has exposed or potentially exposed people or domestic animals to rabies.

Under 25 Texas Administrative Code §169.25, anyone who knows of a possible human exposure to rabies must report it to the local rabies control authority, usually city or county animal services. DSHS's bat exposure scenarios explain when a bat should be confined for testing, such as a bat found in a room with a sleeping person or a young child, and how to capture it without touching it. If there was no chance of contact, AgriLife notes a bat can usually be let out through an open window or door.

White-nose syndrome and the tricolored bat

TPWD asks Texans to report suspected cases of white-nose syndrome, the fungal disease that has killed cave-hibernating bats across North America, and its Outdoor Annual allows a bat to be transported for testing when there is a white-nose concern.

At the federal level, the U.S. Fish and Wildlife Service proposed on September 13, 2022, to list the tricolored bat as endangered under the Endangered Species Act because of white-nose syndrome, and Texas is within its range. The Service's species page still describes the tricolored bat as proposed endangered. Tricolored bats are not the species that typically form colonies in Texas attics, but if the listing is finalized, federal rules would apply to that species. A professional who identifies the bats before exclusion will know which species they are dealing with.

What this means for a Texas homeowner

You may legally remove bats from your occupied home. The humane, lasting way is one-way exclusion followed by sealing.
Avoid May 1 to August 15 unless a public-health situation forces the issue.
Never handle a bat with bare hands. If someone may have been exposed, confine the bat and call your local animal services or health department.
Skip poisons and gadgets. Seal every gap of 3/8 inch or more after the bats are out.

Our guide to getting bats out of a Texas attic covers the exclusion process step by step, and our guide to keeping bats out of a Texas house covers prevention.

Frequently asked questions

Is it illegal to kill a bat in Texas?

Generally, yes. Parks and Wildlife Code §63.101 prohibits hunting bats and buying, selling or possessing them. The exception is a bat inside or on a building occupied by people, which may be removed or hunted. Violations are a Class C Parks and Wildlife Code misdemeanor.

Can I legally remove bats from my house in Texas?

Yes. §63.101(b) says a bat may be removed if it is inside or on a building occupied by people. TPWD discourages excluding bats from May 1 to August 15, while young can't fly.

Is there a poison for bats in Texas?

No. Texas A&M AgriLife Extension says no toxicants are registered for bat control. Naphthalene is the only registered chemical repellent, and it works only temporarily.

Can I take a bat to be tested for rabies?

Yes. Texas law exempts transporting a bat for laboratory testing when it has exposed or potentially exposed people or domestic animals to rabies. Call your local animal services or health department first; DSHS explains how to confine the bat without touching it.

Do I need a license to remove bats from my own home?

The occupied-building exception in §63.101(b) applies to anyone removing a bat from a building occupied by people. Separately, the statute exempts licensed pest control providers. AgriLife recommends leaving the trapping and handling of bats to professionals or experienced people.

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