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Statutes > Texas > Parks-and-wildlife-code > Title-5-wildlife-and-plant-conservation > Chapter-65-alligators

PARKS AND WILDLIFE CODE

TITLE 5. WILDLIFE AND PLANT CONSERVATION

SUBTITLE B. HUNTING AND FISHING

CHAPTER 65. ALLIGATORS

Sec. 65.001. DEFINITIONS. In this chapter:

(1) "Alligator" means a living or dead American alligator

(Alligator mississippiensis).

(2) "Alligator hunter" means a person who takes an alligator, an

alligator egg, or any part of an alligator.

(3) "Possess" means the act of having in possession or control,

keeping, detaining, restraining, or holding as owner or as agent,

bailee, or custodian for another.

(4) "Take" means the act of hooking, netting, snaring, trapping,

pursuing, shooting, killing, capturing, or collecting by any

means or device and includes the attempt to take by the use of

any method.

(5) "Resident" means an individual who has resided continuously

in this state during the six months preceding the individual's

application for any license or permit issued under this chapter.

(6) "Nonresident" means an individual who is not a resident.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1991, 72nd Leg., ch. 190, Sec. 1, eff.

Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 301, Sec. 6, eff. Sept.

1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 97, eff. Sept. 1,

1997.

Sec. 65.002. APPLICATION. Except for regulation of those

populations listed on the United States List of Endangered

Wildlife (50 C.F.R. Part 17), special permits issued under

Chapter 43 of this code, revocation or suspension of licenses or

permits under Subchapter F, Chapter 12, of this code, or

contracts for the removal of reptiles entered into under Section

81.404 of this code, this chapter governs the taking, possession,

and sale of alligators to the exclusion of other regulatory and

licensing laws.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1993, 73rd Leg., ch. 338, Sec. 5, eff.

Sept. 1, 1993.

Sec. 65.003. REGULATIONS. (a) The commission may regulate by

proclamation the taking, possession, propagation, transportation,

exportation, importation, sale, and offering for sale of

alligators, alligator eggs, or any part of an alligator that the

commission considers necessary to manage this species.

(b) The regulations of the commission under this chapter may

provide for:

(1) permit application forms, fees, and procedures;

(2) hearing procedures;

(3) the periods of time when it is lawful to take, possess,

sell, or purchase alligators, alligator hides, alligator eggs, or

any part of an alligator;

(4) limits, size, means, methods, and places in which it is

lawful to take or possess alligators, alligator hides, alligator

eggs, or any part of an alligator; and

(5) control of nuisance alligators.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 98,

eff. Sept. 1, 1997.

Sec. 65.004. SCIENTIFIC STUDIES. The department shall conduct

scientific studies and investigations of alligators as necessary

to develop information on populations, distributions, habitat

needs, limiting factors, and any other biological or ecological

data or to determine appropriate management for public safety.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981.

Sec. 65.005. POSSESSION. No person may take, sell, purchase, or

possess an alligator, an alligator egg, or any part of an

alligator in this state except as permitted by the regulations of

the commission.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 99,

eff. Sept. 1, 1997.

Sec. 65.006. PERMIT REQUIRED. No person for any purpose may

possess, purchase, or possess after purchase an alligator, an

alligator hide, an alligator egg, or any part of an alligator

taken in this state unless:

(1) the person has acquired and possesses a permit issued by the

department for that purpose; or

(2) a regulation of the commission otherwise allows the

possession or purchase without a permit.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1991, 72nd Leg., ch. 190, Sec. 2, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1256, Sec. 100, eff.

Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

992, Sec. 26, eff. June 18, 2005.

Sec. 65.0071. EXPIRATION OF LICENSES. A license issued under

this chapter is valid only during the yearly period for which the

license is issued without regard to the date on which the license

is acquired. Each yearly period begins on September 1 or another

date set by the commission and extends through August 31 of the

next year or another date set by the commission. The commission

by rule may set the amount of a license fee for a license issued

during a transition period at an amount lower than prescribed in

this chapter and provide for a license term for a transition

period that is shorter or longer than a year.

Added by Acts 1995, 74th Leg., ch. 931, Sec. 66, eff. June 16,

1995.

Sec. 65.008. PENALTIES. (a) A person commits an offense if the

person violates this chapter or a regulation of the commission

issued under this chapter.

(b) An offense under this section is a Class C Parks and

Wildlife Code misdemeanor.

been once before convicted of a violation of this chapter, the

offense is a Class B Parks and Wildlife Code misdemeanor.

(d) If it is shown at the trial of the defendant that he has

been convicted of a violation of this chapter two or more

previous times, the offense is a Class A Parks and Wildlife Code

misdemeanor.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec.

58, eff. Sept. 1, 1985.

Sec. 65.009. SEIZURE AND DISPOSAL OF ALLIGATORS. (a) A game

warden or any other peace officer may seize an alligator,

alligator hide, alligator egg, or any part of an alligator if he

has probable cause to believe it was taken, possessed, sold, or

purchased in violation of this chapter or of a regulation of the

commission. An alligator, alligator hide, alligator egg, or

alligator part seized under this section may be sold by the

department to the highest of three bidders, and the proceeds of

the sale shall be deposited in the appropriate department

suspense fund.

(b) On conviction of a violation, on a plea of nolo contendere,

or on assessment of deferred adjudication in connection with an

alligator, alligator hide, alligator egg, or alligator part

seized under this section, the department shall transfer the

proceeds of the sale from the suspense fund to the game, fish,

and water safety fund.

or if the charges are dismissed, the department shall transfer to

the owner the entire proceeds of the sale of the alligator,

alligator hide, alligator egg, or alligator part.

(d) A game warden or peace officer acting under the authority of

this chapter or of a regulation of the commission is immune from

liability and from suit for the seizure of alligators, alligator

hides, alligator eggs, or any part of an alligator.

Added by Acts 1981, 67th Leg., p. 437, ch. 184, Sec. 1, eff. Aug.

31, 1981. Amended by Acts 1993, 73rd Leg., ch. 338, Sec. 6, eff.

Sept. 1, 1993.