2005 Texas Parks and Wildlife Code CHAPTER 65. ALLIGATORS

PARKS AND WILDLIFE CODE

CHAPTER 65. ALLIGATORS


	§ 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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1991, 72nd Leg., ch. 190, § 1, eff. Sept. 
1, 1991;  Acts 1991, 72nd Leg., ch. 301, § 6, eff. Sept. 1, 1991;  
Acts 1997, 75th Leg., ch. 1256, § 97, eff. Sept. 1, 1997.


	§ 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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1993, 73rd Leg., ch. 338, § 5, eff. Sept. 
1, 1993.


	§ 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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1997, 75th Leg., ch. 1256, § 98, eff. 
Sept. 1, 1997.


	§ 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, § 1, eff. Aug. 31, 
1981. 


	§ 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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1997, 75th Leg., ch. 1256, § 99, eff. 
Sept. 1, 1997.


	§ 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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1991, 72nd Leg., ch. 190, § 2, eff. Sept. 
1, 1991;  Acts 1997, 75th Leg., ch. 1256, § 100, eff. Sept. 1, 
1997;  Acts 2005, 79th Leg., ch. 992, § 26, eff. June 18, 2005.


	§ 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, § 66, eff. June 16, 1995.          


	§ 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.
	(c)  If it is shown at the trial of the defendant that he has 
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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 58, 
eff. Sept. 1, 1985.


	§ 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.
	(c)  If the alleged violator is found not guilty of the 
offense 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, § 1, eff. Aug. 31, 
1981.  Amended by Acts 1993, 73rd Leg., ch. 338, § 6, eff. Sept. 
1, 1993.