H.B. No. 916
 
 
 
 
AN ACT
  relating to the prosecution and punishment of dog fighting.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 42.10(a), (c), (d), and (e), Penal
  Code, are amended to read as follows:
         (a)  A person commits an offense if he intentionally or
  knowingly:
               (1)  causes a dog to fight with another dog;
               (2)  [for a pecuniary benefit causes a dog to fight with
  another dog;
               [(3)]  participates in the earnings of or operates a
  facility used for dog fighting;
               (3) [(4)]  uses or permits another to use any real
  estate, building, room, tent, arena, or other property for dog
  fighting;
               (4) [(5)]  owns or trains a dog with the intent that the
  dog be used in an exhibition of dog fighting; or
               (5) [(6)]  attends as a spectator an exhibition of dog
  fighting.
         (c)  A conviction under [Subdivision (2), (3), or (4) of]
  Subsection (a)(2) or (3) [(a)] may be had upon the uncorroborated
  testimony of a party to the offense.
         (d)  It is a defense to prosecution under [Subdivision (1) or
  (2) of] Subsection (a)(1) [(a)] that the actor caused a dog to fight
  with another dog to protect livestock, other property, or a person
  from the other dog, and for no other purpose.
         (e)  An offense under [Subdivision (1) or (5) of] Subsection
  (a)(4) or (5) [(a)] is a Class A misdemeanor. An offense under
  [Subdivision (2), (3), or (4) of] Subsection (a)(1), (2), or (3) 
  [(a)] is a state jail felony. [An offense under Subdivision (6) of
  Subsection (a) is a Class C misdemeanor.]
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense was committed before that
  date.
         SECTION 3.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 916 was passed by the House on May 7,
  2007, by the following vote:  Yeas 136, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 916 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor