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A BILL TO BE ENTITLED
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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 or operates a |
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facility used for cockfighting; |
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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) An offense under Subsection (b)(1), (2), (3), or (5) is |
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a state jail felony. An offense under Subsection (b)(4) is a Class |
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A misdemeanor. An offense under Subsection (b)(6) is a Class C |
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misdemeanor, except that the offense is a Class A misdemeanor if it |
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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. |