BILL ANALYSIS C.S.H.B. 446 By: Yarbrough 5-2-95 Committee Report (Substituted) BACKGROUND Presently, in unincorporated areas of a county, commissioner's court has no authority to regulate the noise which is promulgated by entities which are located outside the municipalities boundaries. The governing body of municipalities have enacted ordinances which regulate and establish a decibel level of 85 db. The commissioner's court needs the authority to regulate noise levels in the county to provide continuity and the quality of life to the residents who reside outside the municipalities boundaries. PURPOSE Amend Subchapter Z, Chapter 240, Local Government Code, by adding Section 240.906, which will grant authority to certain counties to regulate noise levels. This legislation will allow commissioner's court of a county to regulate noise and provide a penalty for failure to comply. 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. SECTION BY SECTION ANALYSIS SECTION 1: Establishes regulation of noise levels by populous counties. (a) Provides that commissioner's court of a county with a population of 100,000 or more by order may regulate noise emanating from a public or private place in an unincorporated area of the county. (b) Provides that the commissioners court may not adopt an order that imposes a limit of 85 decibels or less or that regulates the noise emanating from an airport, an agricultural operation as defined by Section 251.002, Agriculture Code, or from a business that is regulated by the Railroad Commission of Texas, Public Utilities Commission of Texas, or the Federal Energy Regulatory Commission. (c) States that person shall abate the violation of an order adopted by this section of the person has control or possession of the property and knowledge of the violation. (d) Provides for injunctive relief for violations under this section (e) Provides for civil penalty, and deposit of penalty collected to be deposited in general fund of the county. (f) An offense under this subsection is a Class C misdemeanor. (g) If an order adopted under this section conflicts with a municipal ordinance, the municipal ordinance prevails within the municipalities jurisdiction to the extent of the conflict. SECTION 2: Emergency clause Effective date: upon passage COMPARISON OF ORIGINAL TO SUBSTITUTE The committee substitute adds that the commissioners court may not adopt an order that imposes or permits the imposition of a limit of 85 decibels or less. The committee substitute also creates exceptions to this act for airports, agricultural operations, and businesses regulated by the Railroad Commission of Texas, the Public Utilities Commission of Texas and the Federal Energy Regulatory Commission. The committee substitute also states that if there is a conflict between a municipal ordinance and an order adopted under this section, the municipal ordinance will prevail to the extent of the conflict. SUMMARY OF COMMITTEE ACTION HB 446 was considered by the County Affairs Committee in a public hearing on 3/22/95. Representative Yarbrough opened. The committee considered one amendment to HB 446. The committee amendment was adopted without objection. The chair recognized the following people to testify for HB 446: Wanda Norman, representing herself; and Craig Pardue, representing Dallas County; and Alex Diaz, representing himself; and Joe Scott, representing himself; and Glenn Nitsch, representing himself. The chair recognized the following people to testify neutrally on HB 446: Mary Miksa, representing herself and the Texas Association of Business and Chamber of Commerce; and Greg Vick, representing himself. The chair recognized representative West to close. HB 446 was left pending. HB 446 was considered by the County Affairs Committee in a formal meeting on 5/2/95. The committee amendment to HB 446 was withdrawn without objection. The committee considered a complete committee substitute to HB 446. The substitute was adopted without objection. HB 446 was reported favorably, as substituted, with the recommendation that it do pass and be printed, by the record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.