82R21392 AJZ-D
By: Christian, Lucio III, Zedler, Rodriguez H.B. No. 1043
Substitute the following for H.B. No. 1043:
By: Aliseda C.S.H.B. No. 1043
A BILL TO BE ENTITLED
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 or operates a
facility used for cockfighting;
(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) An offense under Subsection (b)(1), (2), (3), or (5) is
a state jail felony. An offense under Subsection (b)(4) 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.