H.B. No. 1043
  relating to creating an offense for engaging in certain conduct
  relating to cockfighting.
         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
         (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
         (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
  Secretary of the Senate   
  APPROVED: __________________