BILL ANALYSIS

C.S.H.B. 3813

By: Harris

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties contend regulatory red tape has made it difficult for venues in the City of Austin to play music outdoors without interference from city officials.  C.S.H.B. 3813 seeks to help revitalize the live music industry in the state capital by prohibiting Austin from adopting or enforcing an ordinance that regulates the production of amplified sound at a bar beyond a set level between the hours of 10 a.m. and 2 a.m.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3813 amends the Local Government Code to prohibit a municipality with a population of 750,000 or more that is primarily located in a county with a population of 1.5 million or less from adopting or enforcing an ordinance that regulates the production of amplified sound from a bar at any time between the hours of 10 a.m. and 2 a.m. if the sound is produced from a loudspeaker or sound amplifier at a level that does not exceed 85 decibels.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3813 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute increases the allowable maximum volume from 75 decibels to 85 decibels and applies to sound from a bar, rather than sound from a bar or live music venue in a residential area as in the original.