74R11827 PAM-D
By Yarbrough H.B. No. 446
Substitute the following for H.B. No. 446:
By Wohlgemuth C.S.H.B. No. 446
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain counties to regulate noise
1-3 levels; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 240, Local Government Code,
1-6 is amended by adding Section 240.906 to read as follows:
1-7 Sec. 240.906. REGULATION OF NOISE LEVELS BY POPULOUS
1-8 COUNTIES. (a) Except as provided by Subsection (b), the
1-9 commissioners court of a county with a population of 100,000 or
1-10 more by order may regulate the level of noise emanating from a
1-11 public or private place located in an unincorporated area of the
1-12 county.
1-13 (b) The commissioners court may not adopt an order that:
1-14 (1) imposes or permits the imposition of a limit of 85
1-15 decibels or less; or
1-16 (2) regulates the level of noise emanating from:
1-17 (A) an airport;
1-18 (B) an agricultural operation as defined by
1-19 Section 251.002, Agriculture Code; or
1-20 (C) a business regulated by the Railroad
1-21 Commission of Texas, the Public Utility Commission of Texas, or the
1-22 Federal Energy Regulatory Commission.
1-23 (c) A person shall immediately abate the violation of an
1-24 order adopted under this section if the person has possession or
2-1 control of the property and knowledge of the violation.
2-2 (d) Any person is entitled to injunctive relief to prevent a
2-3 violation or threatened violation of an order adopted under this
2-4 section. The court shall award reasonable attorney's fees and
2-5 court costs to a person who is granted an injunction under this
2-6 section.
2-7 (e) A person who violates an order adopted under this
2-8 section is liable to the county for a civil penalty of not less
2-9 than $50 or more than $1,000 for each violation and for each day of
2-10 a continuing violation. A penalty paid under this subsection shall
2-11 be deposited in the general fund of the county.
2-12 (f) A person commits an offense if the person knowingly or
2-13 intentionally violates an order adopted under this section. An
2-14 offense under this subsection is a Class C misdemeanor.
2-15 (g) If an order adopted under this section conflicts with a
2-16 municipal ordinance, the municipal ordinance prevails within the
2-17 municipality's jurisdiction to the extent of the conflict.
2-18 SECTION 2. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.