HBA-NMO H.B. 1389 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1389
By: Wilson
Criminal Jurisprudence
4/27/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides criminal penalties that relate to causing a dog to
fight with another dog.  H.B. 1389 provides criminal penalties that relate
to causing a dog to fight with a hog.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 42, Penal Code, by adding Section 42.101 to read
as follows: 
 
Sec. 42.101.  FIGHTING BETWEEN DOG AND HOG. (a)  Provides that a person
commits an offense if the person knowingly: 
  
(1)  causes a dog to fight with a hog;
  
(2)  for a pecuniary benefit causes a dog to fight with a hog;
  
(3)  participates in the earnings of or operates a facility used for
fighting between a dog and a hog; 
  
(4)  uses or permits another to use any real estate, building, room, tent,
arena, or other property for fighting between a dog and a hog; 
  
(5)  owns or trains a dog with the intent that the dog be used in an
exhibition of fighting between the dog and a hog; or 
  
(6)  attends as a spectator an exhibition of fighting between a dog and a
hog.  
 
(b)  In this section, "fighting between a dog and a hog" means any
situation in which a dog attacks or fights with a hog or a hog attacks or
fights with a dog.  
 
(c)  A conviction under Subsection (a)(2), (3), or (4) may be had on the
uncorroborated testimony of a party to the offense.  
 
(d)  An offense under Subsection (a)(1) or (5) is a Class A misdemeanor.
An offense under Subsection (a)(2), (3), or (4) is a state jail felony.  An
offense under Subsection (a)(6) is a Class C misdemeanor.  
 
SECTION 2.  Effective date: September 1, 1999.
 
SECTION 3.  Emergency clause.