79R7663 KCR-D

By:  Raymond                                                      H.B. No. 2356



A BILL TO BE ENTITLED

AN ACT

relating to a person's taking of certain dangerous alligators.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.002, Parks and Wildlife Code, is 
amended by amending Subsection (a) and adding Subsection (d) to 
read as follows:
	(a)  Except as provided by [Subsections (b) and (c) of] this 
section, no resident may hunt any bird or animal in this state 
without having acquired a hunting license.
	(d)  A resident may take an alligator without a license 
issued under this section or a resident alligator hunter's license 
if the resident reasonably believes that the alligator poses such 
an immediate danger to humans or domesticated animals that time 
does not allow waiting for a department employee to be dispatched to 
relocate the alligator.
	SECTION 2.  Section 42.005, Parks and Wildlife Code, is 
amended by amending Subsection (b) and adding Subsection (g) to 
read as follows:
	(b)  Except as provided by Subsections [Subsection] (f) and 
(g), no nonresident may hunt any bird or animal in this state 
without first having acquired a general nonresident hunting 
license, a nonresident special hunting license, or a nonresident 
five-day special hunting license.
	(g)  A nonresident may take an alligator without having a 
hunting license issued by the department if the nonresident 
reasonably believes that the alligator poses such an immediate 
danger to humans or domesticated animals that time does not allow 
waiting for a department employee to be dispatched to relocate the 
alligator.
	SECTION 3.  Subchapter H, Chapter 43, Parks and Wildlife 
Code, is amended by adding Section 43.159 to read as follows:
	Sec. 43.159.  DANGEROUS ALLIGATOR EXCEPTION.  Nothing in 
this subchapter prevents a person from taking an alligator without 
having acquired  a permit under this subchapter if the person 
reasonably believes that the alligator poses such an immediate 
danger to humans or domesticated animals that time does not allow 
waiting for a department employee to be dispatched to relocate the 
alligator.
	SECTION 4.  Section 65.005, Parks and Wildlife Code, is 
amended to read as follows:
	Sec. 65.005.  POSSESSION.  (a) Except as provided by 
Subsection (b), no [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.
	(b)  A person may take an alligator in this state if the 
person reasonably believes that the alligator poses such an 
immediate danger to humans or domesticated animals that time does 
not allow waiting for a department employee to be dispatched to 
relocate the alligator.
	SECTION 5.  Section 65.006, Parks and Wildlife Code, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  Except as provided by Subsection (c), no [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.
	(c)  A person may take or attempt to take an alligator in this 
state without acquiring and possessing an alligator hunter's 
license if the person reasonably believes that the alligator poses 
such an immediate danger to humans or domesticated animals that 
time does not allow waiting for a department employee to be 
dispatched to relocate the alligator.
	SECTION 6.  This Act takes effect September 1, 2005.