H.B. No. 1043
AN ACT
relating to creating an offense for engaging in certain conduct
relating to cockfighting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Penal Code, is amended by adding
Section 42.105 to read as follows:
Sec. 42.105. COCKFIGHTING. (a) In this section:
(1) "Bridle" means a leather device designed to fit
over the head and beak of a cock to prevent the cock from injuring
another cock.
(2) "Cock" means the male of any type of domestic fowl.
(3) "Cockfighting" means any situation in which one
cock attacks or fights with another cock.
(4) "Gaff" means an artificial steel spur designed to
attach to the leg of a cock to replace or supplement the cock's
natural spur.
(5) "Slasher" means a steel weapon resembling a curved
knife blade designed to attach to the foot of a cock.
(b) A person commits an offense if the person knowingly:
(1) causes a cock to fight with another cock;
(2) participates in the earnings of a cockfight;
(3) uses or permits another to use any real estate,
building, room, tent, arena, or other property for cockfighting;
(4) owns or trains a cock with the intent that the cock
be used in an exhibition of cockfighting;
(5) manufactures, buys, sells, barters, exchanges,
possesses, advertises, or otherwise offers a gaff, slasher, or
other sharp implement designed for attachment to a cock with the
intent that the implement be used in cockfighting; or
(6) attends as a spectator an exhibition of
cockfighting.
(c) It is an affirmative defense to prosecution under this
section that the actor's conduct:
(1) occurred solely for the purpose of or in support of
breeding cocks for poultry shows in which a cock is judged by the
cock's physical appearance; or
(2) was incidental to collecting bridles, gaffs, or
slashers.
(d) An affirmative defense to prosecution is not available
under Subsection (c) if evidence shows that the actor is also
engaging in use of the cocks for cockfighting.
(e) It is a defense to prosecution for an offense under this
section that:
(1) the actor was engaged in bona fide experimentation
for scientific research; or
(2) the conduct engaged in by the actor is a generally
accepted and otherwise lawful animal husbandry or agriculture
practice involving livestock animals.
(f) It is an exception to the application of Subsection
(b)(6) that the actor is 15 years of age or younger at the time of
the offense.
(g) An offense under Subsection (b)(1) or (2) is a state
jail felony. An offense under Subsection (b)(3), (4), or (5)
is a
Class A misdemeanor. An offense under Subsection (b)(6) is a Class
C misdemeanor, except that the offense is a Class A misdemeanor if
it is shown on the trial of the offense that the person has been
previously convicted of an offense under that subdivision.
SECTION 2. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1043 was passed by the House on May
12, 2011, by the following vote: Yeas 121, Nays 23, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1043 on May 26, 2011, by the following vote: Yeas 129, Nays 12,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1043 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 26, Nays
5.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor