Mushroom foraging laws in Texas
Compiled from official sources; not legal advice. Rules change. Confirm with the land manager or the agency before you pick.
Summary
Texas has no rule that names mushrooms for picking on public land. In state parks the rules ban picking or removing any plant life without a director's permit, and they define plant life to include fungus. A separate rule bans removing plants from public hunting lands unless TPWD authorizes it. Restaurants and stores may sell wild-picked mushrooms only if approved.
Public land
State parks: picking or removing plant life is an offense without a permit from the director, and the park rules define plant life to include fungus, so mushrooms are covered. Public hunting lands: it is unlawful to disturb or remove plants, wood, rocks and other objects unless the department authorizes it. This page found no rule on mushrooms for other Texas state lands, such as General Land Office lands. Federal lands follow their own rules.
Permits
State parks: any picking of plant life needs a permit issued by the TPWD director. The rules do not describe a permit process for mushrooms. Public hunting lands: removal is allowed only if the department authorizes it.
Selling
A food establishment may not sell or serve mushrooms picked in the wild unless it has been approved to do so. Cultivated mushrooms from regulated operations and packaged mushrooms from regulated food plants are exempt.
Morel sales
DSHS guidance (2017) suggests regulators look at written buyer specifications: scientific and common name, a statement the mushroom was identified fresh, contact information for the identifier and seller, and the identifier's mushroom training. It is guidance, not a rule. Ask the local health authority before selling to a restaurant or market.
Sources
- 31 TAC 59.134 Rules of Conduct in Parks (Cornell LII)
- 31 TAC 59.131 Definitions (Cornell LII)
- 31 TAC 65.199 General Rules of Conduct, public hunting lands (Cornell LII)
- Texas Parks and Wildlife - Park Rules
- Texas Food Establishment Rules, 25 TAC 228 (DSHS, Oct 2015 text), 228.62(f)
- Texas DSHS - Guidance Document for a Model Wild-harvested Mushroom Program (2017)
Last verified: November 11, 2026