Question: Is it legal to Dumpster Dive in Texas?
Written by ITL Attorney, Posted in Property Law
Answer: Dumpster diving in Texas is a permissible act if it’s carried out on public property. On the contrary, diving into dumpsters on private property is not legal unless consent is given by the property owners or renters–the law may impose trespassing charges for dumpster diving without the necessary authorization.
Additional Detail:
In Texas, the law allows the act of dumpster diving if it’s performed on property that is public.. Dumpster diving is also known as “binning” or “trashing” which basically means seeking out usable items from trash that was discarded in large commercial or residential dumpsters. The law acknowledges the rights of individuals to reclaim discarded items from dumpsters that are placed in areas open to the public (in other words, once you’ve thrown something in the trash in a public place, you forfeit all property rights. Not true of course if you toss something in your own trashcan on the side of the house)
Bottom line is, the law restricts dumpster diving on private property however. It’s deemed illegal if you dumpster dive on private property, such as a business location or a residential building or house, unless the property owners or occupants have explicitly granted permission. The laws against trespassing in Texas, as well as local city or municipal ordinances and statutes, are the difference maker in thesse circumstances.
Also to note: trespassing on private property to gain access to dumpsters is also considered illegal (we wouldn’t recommend doing that in Texas regardless, especially at night. Texas Penal Code Section 9.41 allows a person to use force, but not deadly force, to terminate a mere trespass or interference with property.
You may get away with it, but at best may face trespassing charges. At worst, you may be shot!
The Texas Penal Code Section 30.05 stipulates that a person commits an offense if they enter or remain on or in property of another without effective consent, particularly if they had notice that the entry was forbidden, or received notice to depart but failed to do so. Notice can be given through oral or written communication, fencing or other enclosure designed to exclude intruders, or signs posted on the property indicating that entry is forbidden??. The penalties for these offenses range from Class B to Class A misdemeanors depending on the nature and location of the trespass?.
So of course, the legality of dumpster diving in Texas depends on a variety of factors, primarily related to the location of the dumpster and whether permission has been granted by the property owner!! Always ensure compliance with local laws and regulations when engaging in such activities.
As they say, one man’s trash can be another man’s treasure. If you want to do this, there’s even a Facebook group specifically for dumpster diving in Texas!
Related question: Can you go through someone’s trash legally?
