Alright all you prosecutors out there I need some feed back. Because I don't have enough to do, a thought came to me as I was reading a theft case where 6 "tagged" roosters were stolen from a local residents rural property. You know the kind of property. The one hidden off the beaten path, with multiple small A-frame shelters lined up in rows and a rooster tethered to each one. I also have a photo of the owners record book containing, among other things, a logo depicting roosters fighting, hatch dates, tag numbers, breed type of parents, etc. Anyway, I decided to double check PC 31.03 (e) and I found 31.03(e)(5)(A). That section states it is a 3rd degree felony if the property is "...exotic fowl as defined by Section 142.001 of the Agriculture Code...". Section 142.001(5) Agriculture Code states exotic fowl means any avian species that is not indigenous to this state. So, the question to my esteemed colleagues is: Are roosters indigenous to the state of Texas? I eagerly await your responses.

signed,
bored in Uvalde

My search has turned up next to nothing. I only see two cases involving theft of exotic fowl (Williams v. State, 172 S.W.3d 730 (a hypothetical involving theft of emus in the dissent) and Bivins v. State, 1999 Tex. App. LEXIS 1717 (theft of what looks to be a bunch of parrots, after google image searching the breeds)). I did see a case involving theft of fighting roosters (Pointer v. State, 577 S.W.2d 736), but it well predates the amendment adding exotic fowl to the theft statute. The Administrative Code (Title 4, Part 2, Ch. 54, Rule 54.1) goes into more detail than the statutes, describing "domestic fowl" as those propagated and maintained for food, eggs, agricultural exhibition and recreation, and "exotic fowl" as those used for non-agricultural purposes (companion pets, ornamental, exhibition, and entertainment purposes). I don't see any guidance as to what "indigenous" means in this context, so getting a certain answer may require talking with the folks at the Department of Agriculture or the Parks and Wildlife Department.

Thanks, Lauren.