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