## NE GENERAL, OFTEX~AS AUSTIN. TEXASws71 October 9, 1969

Honorable J. R. Singleton Executive Director Opinion NO. M-487 Parks andWildlife Department John H. Reagan Building Austin, Texas 78701 Re: House Bill 1333and Senate Bill 170,Acts 6lst Leg., R.S. 1969, Ch. 599and 657, concerning the possession Dear Mr. Singleton: and sale of alligators and alligator hides. You have requested an opinion from this office relating to theActs designated above. House Bill No. 1333 (Acts 6lst Leg., R.S. 1969, Ch. 599, p. 1788)was passed by the House May 15, 1969, and by the Senate May 22, 1969. June 10, 1969. Itwas approved by the Governor The pertinent portion of thisAct reads: "Section 1. Section 1,Chapter 144,Acts of 57th Legislature, Regular Session, 1961, as amended by Section 1,Chapter 418,Acts of the 59th Legislature, Regular Session, 1965, is amended to read as follows: 'Section 1. No person may possess, take, hunt, shoot, trap, kill, buy or sell, orattempt to take, shoot, trap, kill, buy, or sell an alligator inChambers County before September 1, 1975.'" Senate Bill No. 170 (Acts 6lst Leg. R.S. 1969, Ch. 657, 1957)was passed by the Senate March 16, 1969. The House Fassed this Bill May 22, 1969,with an amendment, and the Senate concurred in the House amendment May 23, 1969. Itwas approved by the Governor June 12, 1969. Pertinent portions of thisAct provide as follows:

'Section 1. No person may take, catch, kill, buy, or sell, orattempt to take, catch, kill, buy, or sell, alligators or alligator hides, or may possess an alligator orits hide, in this' state, except that nothing in this law shall

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prohibit the possession of such alligator hide in the form ofa final processed andmanufactured product. "Section 2. This Act does not prohibit the taking and possession of alligators or hides as frovided byArticle 913, Penal Code ofTexas, 

### 925."Section 

### 3. Any person who shall have in his possession or control any live alligators orhides at the effective date of this Act shall have until January 1, the same. 1970 to legally dispose of

"Section 4. A person who violates thisAct is guilty ofamisdemeanor and upon conviction ispunishable by a fine ofnot less than $25.00 nor more than $200.00. "Section 

### 5.

. . .Chapter 144,Acts of the 57th Legislature, Regular Session, 1961, as amended by Chapter 

### 418,Acts of the 59th Legislature, Regular Session, 1965;
. . .are repealed." 1. Y,oufirst askwhich of these twoActs is controlling inChambers County. As properly stated inyour letter, H.B. 

### 1333amended an earlier Act to extend themoratorium on the taking of alligators inChambers County to 

### 1975,while S.B. 170 provides similar protection for alligators in every county in the State and has no limited term. S.B. 170was finally passed one day later than H.B. 

### 1333. Also Section 

### 5of S.B. 170 specifically repealed the priorAct which had been amended by H.B. 

### 1333. Therefore, inanswer to your first inquiry, it is our opinion that S.B. 170 is the controlling Act inChambers County. 2. You next ask how alligators and hides may be legallydisposed of prior to January 1,

### 1970,as provided in Section 3 of S.B. 170. In connection with your second question, you state that the Department has taken the position that as legalmethods

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of such disposition the alligators and hides could be sold through commercial channels or given to zoological parks holding permits underArticle 913,Vernon's Penal Code, or released into thewild. S.B. 170became effective September 1, 1969; therefore, it isnow illegal to possess, kill, buy or sell an alligator, or an alligator hide, in this State, except as provided in Article 913, and except further to possess alligator hides in the form ofa final processed and manufactured product, as provided for in Section 1 of thisAct. The four-month moratorium merely permits divesture of possession prior to January 1, 1970, and does not permit the killing ofan alligator, the sale of an alligator, or the possession ofan alligator hide in this State except as above stated. Thus, in reply toyour second question, a person in possession ofan alligator or hide may legally dispose of the same prior to January 1, 1970, by releasing the alligator into itswild natural habitat, by gift or sale ina statewhere it isnot illegal to sell, purchase or possess the same, or byway of gift to the holder of a zoological permit as provided byArticle 

### 913. 3. You next askwhether you may assume that after Januarr 1, 1970, there would be no legalmeans of disposing of an alligator-or hide in this State; In the absence of further legislation, the provisions ofArticle 

### 913,and Section 1 there will be no legal means of disposing of hide in this State after January 1, 1970. and except for of S.B. 170, an alligator or

4. Your last question asks whether alligators which had been lawfully reduced to possession on or before August 

### 31,1969, are to be considered as property of the State and subject to the conditions of S.B. 170 on September 1, 1969, and thereafter. The State, as trustee for the people, may exercise its power to enact regulations for the protection ofwildlife, and as ameans of preventing the evasion of such laws, extend its regulation to include wildlife thatmay have been lawfully taken orwhich had been raised in captivity. Cummings v. Commonwealth, 255 S.W.2d 997 (Ky.Appls, 1953). Therefore, alligators which hadbeen lawfully reduced to possession on or before August 31, 1969, became subject to the provisions of S.B. 170 on and after September 1,

### 1969,

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Honorable J. R. Singleton Page Ir (M-487)

and under control of the State as a protected specie of wildlife. SUMMARY

S.B. 170,Acts 6lst Leg., R.S. 1969, Ch. 657 p. 1957, specifically repealed theAct amended by H.B. 1333,Acts 61st Leg., R.S. 1969,Ch. 599, p. 1788, extending themoratorium on the taking of alligatoss inChambers County; thus, S.B. 170 is the controlling Act in that County relating to alligators. Under the provisions of Section 3 of S.B. 170 a person inpossession ofan alligator orhide may legally dispose of the same prior toJanuary 1, 1970, by releasing thealligator into itswild natural habitat, by gift or sale into a statewhere the sale, purchase or possession of same isnot illegal, or byway of a gift to theholder ofa zoological permit as provided byArticle 913, Vernon's Pena,lCode. In the absence of further legislation, and except for the provisions ofArticle 913,Vernon's Penal Code, and Section 1of S.B. 170, therewill be no legalmeans of disposing ofan alligator orhide in this State after January 1, 1970. Alligators which had been lawfully reduced to possession on orbefore August 31, 1969, became subject to the provisions of S.B. 170 onand after September 1, 1969, and wider control of the State as.a protected specie ofwildlife.

ney General ofTexas Prepared by Monroe Clayton and Sam L. Jones, Jr. Assistant Attorneys General APPROVED: OPINION COMMITTEE -2324-. .

Honorable J. R. Singleton Page 

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Kerns Taylor, Chairman George Kelton, Vice-Chairman

Richard Chote John Banks Wardlow Lane Vince Taylor MEADE F. GRIFFIN Staff Legal Assistant HAWTHORNE PHILLIPS Executive Assistant NOLA WHITE First Assistant (M-487)

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