By Bailey H.B. No. 665
77R3470 ATP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain counties to enact noise
1-3 regulations; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 240, Local Government Code, is amended by
1-6 adding Subchapter C to read as follows:
1-7 SUBCHAPTER C. REGULATION OF NOISE AND SOUND LEVELS
1-8 Sec. 240.041. APPLICABILITY OF SUBCHAPTER. This subchapter
1-9 applies only to a county with a population of more than 2.8
1-10 million.
1-11 Sec. 240.042. DEFINITIONS. In this subchapter:
1-12 (1) "Nonresidential property" means any real property
1-13 that is not residential property.
1-14 (2) "Residential property" means any real property
1-15 developed and used primarily for human habitation that has
1-16 facilities for sleeping, eating, cooking, and sanitation.
1-17 Sec. 240.043. METHOD OF SOUND MEASUREMENT. Sound measured
1-18 under this subchapter shall be measured:
1-19 (1) in decibels read from a calibrated sound level
1-20 meter; and
1-21 (2) at or near the closest property line where the
1-22 sound is being received.
1-23 Sec. 240.044. AUTHORITY TO REGULATE. (a) The commissioners
1-24 court of a county by order may regulate as permitted by this
2-1 subchapter sound levels to promote the public health, safety, or
2-2 welfare.
2-3 (b) A regulation adopted under this subchapter applies only
2-4 to the unincorporated area of the county.
2-5 Sec. 240.045. PERMISSIBLE REGULATIONS. (a) The regulations
2-6 may prohibit:
2-7 (1) sound levels that exceed:
2-8 (A) on residential property:
2-9 (i) 65 decibels at 7 a.m. or after and
2-10 before 10 p.m.; and
2-11 (ii) 58 decibels at 10 p.m. or after and
2-12 before 7 a.m.; or
2-13 (B) 68 decibels on nonresidential property;
2-14 (2) the use of an automobile, motorcycle, or other
2-15 vehicle that creates an unreasonably loud sound;
2-16 (3) the production of sound from amplification
2-17 equipment contained in or mounted on a motor vehicle that produces
2-18 sound that exceeds the limits specified by Subdivision (1); or
2-19 (4) the keeping of any animal that causes or makes a
2-20 frequent or a long and continued sound that is objectionable to a
2-21 reasonable person.
2-22 (b) The regulations may prohibit any act not described by
2-23 Subsection (a) that produces a sound that a reasonable person would
2-24 find objectionable.
2-25 Sec. 240.046. EXEMPTIONS. A sound is exempt from regulation
2-26 under this subchapter if it is a sound produced:
2-27 (1) for the purpose of alerting persons to the
3-1 existence of an emergency, danger, or attempted crime;
3-2 (2) by an emergency vehicle;
3-3 (3) by emergency work necessary to restore public
3-4 utilities, to restore property to a safe condition, or to protect
3-5 persons or property from imminent danger;
3-6 (4) by a lawfully:
3-7 (A) scheduled stadium or amphitheater event; or
3-8 (B) permitted parade;
3-9 (5) by a reenactment of a historical battle for which
3-10 any required permit was obtained and any explosives used were
3-11 inspected by the county fire marshal;
3-12 (6) by a pyrotechnic display that was inspected and
3-13 approved by the county fire marshal;
3-14 (7) by an outdoor event, race, festival, or concert
3-15 that was sponsored, cosponsored, or permitted by the county;
3-16 (8) by any other lawful activity that constitutes
3-17 protected expression under the First Amendment of the United States
3-18 Constitution;
3-19 (9) by the construction, excavation, demolition,
3-20 alteration, or repair of a building or other structure or the
3-21 operation of tools or equipment to construct, excavate, demolish,
3-22 alter, or repair a building or other structure, conducted after 7
3-23 a.m. and before 8 p.m. that does not exceed 75 decibels;
3-24 (10) by aircraft in operation at an airport or in
3-25 flight, or railroad equipment in operation on railroad
3-26 rights-of-way;
3-27 (11) by operating a mechanically powered saw, drill,
4-1 sander, router, grinder, lawn or garden tool, lawnmower, or any
4-2 other similar device after 7 a.m. and before 8 p.m. that does not
4-3 exceed 85 decibels;
4-4 (12) as authorized under a permit issued under Section
4-5 240.047;
4-6 (13) by the operation of any air-conditioning unit
4-7 that does not exceed 65 decibels on residential property or 75
4-8 decibels on nonresidential property; or
4-9 (14) by bells or chimes as part of a religious
4-10 observance or service after 7 a.m. and before 10 p.m. that does not
4-11 exceed five continuous minutes in duration in any one-hour period.
4-12 Sec. 240.047. PERMIT AND FEES. (a) The commissioners court
4-13 of a county by order may require a permit for the use of a
4-14 loudspeaker, loudspeaker system, sound amplifier, or any other
4-15 machine or device that produces sound outside of buildings or other
4-16 enclosed structures that exceeds the levels specified by Section
4-17 240.045(a)(1).
4-18 (b) An application for the permit must be made in accordance
4-19 with regulations adopted by the county.
4-20 (c) The regulations adopted under this section may provide
4-21 for the denial, suspension, or revocation of a permit by the
4-22 county.
4-23 (d) A district court has jurisdiction of a suit that arises
4-24 from the denial, suspension, or revocation of a permit by the
4-25 county.
4-26 (e) A county may impose fees on an applicant for a permit
4-27 under this section. The fees must be based on the administrative
5-1 costs of issuing the permit. A county that imposes a permit fee
5-2 shall establish procedures to reduce the fee amount if the
5-3 applicant is unable to pay the full permit fee.
5-4 Sec. 240.048. INJUNCTION. A county may sue in the district
5-5 court for an injunction to prohibit the violation or threatened
5-6 violation of a regulation adopted under this subchapter.
5-7 Sec. 240.049. CRIMINAL PENALTY. (a) A person commits an
5-8 offense if the person violates a regulation adopted under this
5-9 subchapter.
5-10 (b) Each day that a violation of a regulation adopted under
5-11 this subchapter continues constitutes a separate offense.
5-12 (c) An offense under this section is a Class C misdemeanor.
5-13 If it is shown on the trial of a person that the person has been
5-14 previously convicted under this section, a subsequent offense under
5-15 this section is a Class B misdemeanor.
5-16 SECTION 2. This Act takes effect immediately if it receives
5-17 a vote of two-thirds of all the members elected to each house, as
5-18 provided by Section 39, Article III, Texas Constitution. If this
5-19 Act does not receive the vote necessary for immediate effect, this
5-20 Act takes effect September 1, 2001.