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. LICENSE REQUIRED. (a) No person may take,
attempt to take, or possess an alligator in this state unless the
person has acquired and possesses an alligator hunter's license.
(b) 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.
§ 65.007. LICENSE FEES. The fees for the licenses
issued under this chapter are in the following amounts or in amounts
set by the commission, whichever amounts are more:
(1) $25 for a resident alligator hunter's license; and
(2) $50 for a nonresident alligator hunter's license.
Added by Acts 1981, 67th Leg., p. 437, ch. 184, § 1, eff. Aug. 31,
1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 2, § 59,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, § 101, eff.
Sept. 1, 1997.
§ 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.
