Texas Law and Music (including 19 city sound ordinances)

City Sound Ordinances

To view 13 additional city sound ordinances, please click here.

State Laws

• Protection from misleading or deceptive live musical performances
  [Business & Commerce Code, Section 1, Chapter 17, Subchapter J]
  
• Talent Agency Act
  [Occupations Code, Chapter 2105. Regulation of Talent Agencies]
  
• Offensive noise on premises
  [Alcoholic Beverage Code, Section 101.62]
  
• Industry Public Entertainment Facilities Act
  [Alcoholic Beverage Code, section 108.71]
• Unauthorized duplication
  [Business and Commerce Code, section 35.92]
• Unauthorized recording of live performance
  [Business and Commerce Code, section 35.93]
• Unauthorized Interference With Installation of Disabling of Computer Software
  [Business and Commerce Code, section 48.053]
• Powers and Duties of Board of Trustees of Independent School District
  [Education Code, section 11.158]
  
• Bilingual education and special language programs
  [Education Code, section 29.053]
• Texas Commission on the Arts
  [Government Code, Chapter 444]
• Texas Music Project
  
[Government Code, section 444.032]
• Texas Cultural Endowment Fund
  [Government Code, section 444.026]
• Music, film, television, and multimedia industries
  [Government Code, Chapter 485]
• State Song
  [Government Code, section 3101.005]
• State Musician
  [Government Code, Chapter 3104]
• Municipal civic center authorities
  [Local Government Code, Chapter 281]
• Municipal bands
  [Local Government Code, Chapter 308]
• Coin-operated machines
  [Occupational Code, Chapter 2153]
• Regulation of outdoor music festivals
  [Occupational Code, Chapter 2104]
• Disorderly conduct
  [Penal Code, Chapter 42]
• Collection of copyright royalties; providing penalties
  [Occupations Code, Chapter 2102]
• Qualification for sales and use tax exemption of film, video and audio recording production in Texas
  [Tax Code, section 151.3185]
• Municipal hotel occupancy taxes, use of tax revenue
  [Tax Code, section 351.101]
• Rural school music supervisor in counties of 16,670 to 17,060 and 9,300 to 9,405 population
  [Vernon's Texas Civil Statutes, Title 49, Chapter 11, Article 2701e-1]
• Texas Music Commission repealed
• Consignment of Art Works
  [Occupations Code, Chapter 2101, Subtitle C. Arts and Music]

Texas Attorneys with Entertainment Law experience
Suggestions on Getting Started in Entertainment Law

S.B. No. 140

An Act relating to the promotion of the music industry in this state; creating the Texas Music Commission and prescribing its powers and duties; creating the music commission fund and appropriating it to the commission.

Be it enacted by the Legislature of the State of Texas:

Section 1. TEXAS MUSIC COMMISSION. (a) The Texas Music Commission is created to encourage the development and promotion of the music industry in this state.
(b) The commission is composed of nine private individuals who are known for their professional competence and experience in connection with the music industry and who are appointed by the governor with the advice and consent of the senate. The governor shall make appointments to the commission without regard to the race, creed, sex, religion, or national origin of the appointees.
(c) Members of the commission serve for staggered terms of six years, with the terms of three members expiring on February 1 of each odd-numbered year. A majority of the members of the commission constitutes a quorum for the transaction of business. The commission shall meet at least once each calendar quarter. At its first meeting of each calendar year, the commission shall select a chairman from among its membership. The commission may meet at other times and places as called by the chairman.
(d) A member of the commission is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing services under this Act.
(e) A person who is required to register as a lobbyist under Chapter 422, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-9c, Vernon's Texas Civil Statutes), may not serve as a member of the commission or act as the general council to the commission.

SECTION 2. POWERS AND DUTIES OF COMMISSION. (a) The commission shall promote the development of the music industry in this state by informing members of that industry and the general public about the resources available in this state for music production.
(b) The commission may cooperate with other state agencies as provided by the Interagency Cooperation Act (Article 4413(32), Vernon's Texas Civil Statutes). The commission shall cooperate with the Texas Economic Development Commission and with other branches of state or local government that are involved in attracting industry to this state.
(c) The commission may contract and pay for the furnishing of goods and services as necessary for the administration of this Act.
(d) The commission may employ and executive director and other personnel as necessary to administer this Act.
(e) A member of the commission staff may travel inside or outside this state as necessary to perform functions under this Act.

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CH 286, SEC 2 69th LEGIS REGULAR SESSION

(f) The commission may apply for and receive gifts or grants from governmental or private sources to be used in the administration of this Act.
(g) The music commission fund is created as a special fund in the State Treasury. All gifts, grants and other funds received by the commission shall be deposited in the fund and may be used only for the purposes of this Act. Such funds are hearby appropriated to the commission.
SECTION 3. SUNSET PROVISION. The Texas Music Commission is subject to the Texas Sunset Act (Article 5429k, Vernon's Texas Civil Statutes) and unless continued in existence as provided by that Act, the commission is abolished and this Act expires effective September 1, 1997.

SECTION 4. INITIAL APPOINTMENTS. In making the initial appointments to the commission, the governor shall designate three members for terms expiring in 1991.

SECTION 5. EFFECTIVE DATE. This Act takes effect September 1, 1985.

SECTION 6. EMERGENCY. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Passed on the Senate on May 2, 1985, by a viva-voce vote; passed subject to the provisions of Article III, Section 49a of the Constitution of Texas; passed the House on May 13, 1985 by a non-record vote; passed subject to the provisions of Article III, Section 49a of the Constitution of Texas.
Approved: June 6, 1985
Effective: September 1, 1985