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.