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.
(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, 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.
(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, Sec. 1, eff. Aug.
31, 1981. Amended by Acts 1993, 73rd Leg., ch. 338, Sec. 6, eff.
Sept. 1, 1993.