| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the adoption of noise regulations by certain counties; |
|
|
creating a criminal offense; authorizing fees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 240, Local Government Code, is amended |
|
|
by adding Subchapter D to read as follows: |
|
|
SUBCHAPTER D. REGULATION OF NOISE AND SOUND LEVELS IN CERTAIN |
|
|
COUNTIES |
|
|
Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
|
applies only to a county with a population of more than 3.3 million. |
|
|
Sec. 240.062. AUTHORITY TO REGULATE. (a) The |
|
|
commissioners court of a county by order shall prohibit the |
|
|
production of sound from a loudspeaker or sound amplifier the level |
|
|
of which exceeds 85 decibels at a distance of 50 feet from the |
|
|
property line of the property on which the loudspeaker or sound |
|
|
amplifier is operated. |
|
|
(b) A regulation adopted under this subchapter applies only |
|
|
to the unincorporated area of the county. |
|
|
Sec. 240.063. EXEMPTIONS. A sound is exempt from |
|
|
regulation under this subchapter if it is a sound produced by the |
|
|
operations or facilities of: |
|
|
(1) a chemical manufacturing facility; |
|
|
(2) an electric utility as defined by Section 31.002, |
|
|
Utilities Code; or |
|
|
(3) a gas utility as defined by Section 101.003 or |
|
|
121.001, Utilities Code. |
|
|
Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
|
|
The commissioners court of a county by order may authorize the |
|
|
holding of events at which loudspeakers or sound amplifiers that |
|
|
produce sounds exceeding the levels specified by Section 240.062 |
|
|
will be used, if the person holding an event obtains a permit from |
|
|
the county for the event. |
|
|
(b) In determining whether to grant a permit under this |
|
|
section, the commissioners court shall consider whether the sound |
|
|
is recurrent, intermittent, or constant. |
|
|
(c) A person must apply for the permit in accordance with |
|
|
regulations adopted by the county. |
|
|
(d) The regulations adopted under this section may provide |
|
|
for the denial, suspension, or revocation of a permit by the county. |
|
|
(e) A district court has jurisdiction of a suit that arises |
|
|
from the denial, suspension, or revocation of a permit by the |
|
|
county. |
|
|
(f) A county may impose fees on an applicant for a permit |
|
|
under this section. The fees must be based on the administrative |
|
|
costs of issuing the permit. A county that imposes a permit fee |
|
|
shall establish procedures to reduce the fee amount if the |
|
|
applicant is unable to pay the full permit fee. |
|
|
Sec. 240.065. METHOD OF SOUND MEASUREMENT. The |
|
|
commissioners court of a county by rule shall adopt a procedure to |
|
|
measure noise and sound levels under this subchapter. |
|
|
Sec. 240.066. INJUNCTION. A county may sue in a district |
|
|
court for an injunction to prohibit the violation or threatened |
|
|
violation of a prohibition or other regulation adopted under this |
|
|
subchapter. |
|
|
Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an |
|
|
offense if the person violates a prohibition or other regulation |
|
|
adopted under this subchapter. |
|
|
(b) An offense under this section is a Class C misdemeanor. |
|
|
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, 2021. |