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.