80R1000 MSE-D
 
  By: Hernandez H.B. No. 1225
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of roosters by certain counties as a
nuisance.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter B, Chapter 343, Health and Safety
Code, is amended by adding Section 343.0115 to read as follows:
       Sec. 343.0115.  ROOSTERS IN CERTAIN RESIDENTIAL AREAS. (a)
This section applies only to the unincorporated area of a county
with a population of 3.3 million or more.
       (b)  It is a public nuisance under Section 343.011 to allow
the crowing of or another noise made by a rooster outdoors on
premises in a neighborhood if a reasonable person would find the
noise objectionable.
       (c)  In determining whether a noise is objectionable to a
reasonable person under this section, the following factors may be
considered:
             (1)  the time of day the noise is produced;
             (2)  the proximity of the production of the noise to
other premises; and
             (3)  whether the sound is recurrent, intermittent, or
constant.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.