October 2. 1975 

The Honorable Bennie Bock II Opinion No. H- 705 

Chairman, Liquor Regulation Committee 

House of Representatives Re: Whether alligators may 

P. 0. Box 2910, Capitol Station be sold in Texas. 

Austin, Texas 

Dear Representative Bock: 

As Chairman of the Liquor Regulation Committee, you have requested 

our opinion concerning whether a person who has raised alligators for 

twenty-five years may lawfully sell them. You have indicated that the 

request is within the jurisdiction of the Committee and is asked on its 

behalf. You note that article 978j-3; Penal Auxilary Laws, which prohibited the sale of alligators after January 1. 1970, was repealed by 

Senate Bill 179 of the 64th Legislature. Acts 1975, 64th Leg., ch. 219. 

p. 561. However, alligators have been designated by the Parks and 

Wildlife Department as an endangered species and are therefore protected 

by sections 43.021, et seq. and 68.001, & sx. ,Parks and Wildlife Code. 

(All references to sections are to the Parks and Wildlife Code unless 

otherwise noted. ) 

Section 68.015(a) provides: 

No person may possess, sell, distribute, or offer 

or advertise for sale endangered fish or wildlife unless 

the fish or wildlife have been lawfully born and raised 

in captivity for commercial purposes under the provisions of this chapter or federal law. 

Section 68.007 provides: 

No person may possess endangered fish or wildlife 

for the purpose of propagating them for sale unless he 

has first acquired a commercial propagation permit 

issued by the department under this chapter. 

p. 3048 
The Honorable Bennie Bock II, page 2 (H-705) 

Thus, as a general matter, a person may sell only those alligators 

which have been lawfully born and raised in captivity. Additionally, a 

person may not lawfully propagate an endangered species for commercial 

purposes unless he obtains a commercial propagation permit. 

However, section 68.020 provides in part: 

(a) This chapter does not apply to: 

. . . 

(6) animals, fish, or fowl that are privately owned 

or to the management or taking of privately owned 

animals, fish, or fowl by the private owners. 

In our view this exemption is ambiguous. We do not believe that the 

Legislature intended to exempt all privately owned animals from the provisions of chapter ~68 without regard to when they became privately owned. 

Were section 68.020(a)(6) construed so broadly, once a person lawfully 

obtains an animal of an endangered species under section 68.006 and the 

animal thus becomes privately owned, no permit would be necessary for 

commercial propagation. Such a construction would renders the permit 

provisions of section 68.007 almost entirely fruitless, for a permit would 

be required for only the propagation of publicly owned animals. The courts 

will not construe a statute so as to render it “fruitless, futile, meaningless, 

purposeless, or useless, if the language can be otherwise construed.” 53 

Tex. Jur. Zd, Statutes, $165 and authorities cited therein. 

Accordingly, in our opinion the Legislature intended section 68.020(a)(6) 

to constitute a grandfather cl.ause which exempts only those animals which 

were privately owned when that section original,ly took effect, or August 27, 

1973. See, Acts 1973. 63rd Leg., ch. 126, pa 268, formerly codified as 

article 913a, Penal Auxilary ,Laws. In addition, we believe the exemption 

is personal and relates only to the owner at that time. Prior to August 27, 

1973, these exempted animals could have been sold, managed, or taken by 

their owner without a permit and without regard to whether they were born 

and raised in captivity. However, these privately owned animals may not 

be utilized for commercial propagation subsequent to August 27, 1973, 

without a commercial propagation permit. In addition, protected animals 

taken from the wild after August 27, 1973. may not be sold. Sec. 68. 015(a); 

E. sec. 43.021, et seq., regarding the legal capture of protected animals: 

see also sec. 61.021. 

p. 3049 
. - 

The Honorable Bennie Bock II, page 3 (H-705) 

In our opinion a person may lawfully sell alligators which he privately 

owned prior to August 27, 1973. Alligators which were not privately owned 

prior to August 27, 1973. may not be sold unless they were born and raised 

pursuant to a commercial propagation permit or under authority of federal 

law. We do not consider the effect of federal legislation prohibiting the 

interstate sale of endangered species. See, 16 U.S. C. § 1538; but see, proposed Dept. of Int. Reg. 40 Fed. Reg., no. 131, p. 28712 (1975). 

SUMMARY 

A person may lawfully sell alligators which he 

privately owned prior to August 27, 1973. Alligators 

which were not privately owned prior to August 27, 

1973, may not be sold unless they were born and 

raised in captivity pursuant to a commercial propagation 

permit or under authority of federal law. 

// 

Attorney Gem ral of Texas 

APPROVED: u 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH. Chairman 

Opinion Committee 

p. 3050