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.