79R5828 ATP-D

By:  Brown of Kaufman                                             H.B. No. 1628



A BILL TO BE ENTITLED

AN ACT

relating to the authority of certain counties to enact noise 
regulations; providing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 240, Local Government Code, is amended 
by adding Subchapter C to read as follows:

SUBCHAPTER C.  REGULATION OF NOISE AND SOUND LEVELS
	Sec. 240.041.  DEFINITIONS.  In this chapter:                           
		(1)  "Major metropolitan county" means a county in 
which three or more municipalities, each with a population of more 
than 175,000, are predominantly located.
		(2)  "Nonurban county" means a county that has a 
population of less than 100,000 and that had a percentage change in 
its population growth, according to the two most recent federal 
decennial censuses, of less than 50 percent.
	Sec. 240.042.  APPLICABILITY OF SUBCHAPTER.  This subchapter 
applies only to a nonurban county located adjacent to a major 
metropolitan county.
	Sec. 240.043.  AUTHORITY TO REGULATE.  (a)  The 
commissioners court of the county by order may regulate as 
permitted by this subchapter sound levels to promote the public 
health, safety, or welfare.
	(b)  A regulation adopted under this subchapter applies only 
to the unincorporated area of the county.
	Sec. 240.044.  PERMISSIBLE REGULATIONS.  (a)  The 
regulations may prohibit any act that produces a sound that a 
reasonable person would find objectionable.
	(b)  In determining whether a sound is objectionable to a 
reasonable person, the following factors may be considered:
		(1)  the time of day the sound is produced;                            
		(2)  the proximity of the production of the sound to 
residential property;
		(3)  whether the sound is recurrent, intermittent, or 
constant;      
		(4)  the volume and intensity of the sound;                            
		(5)  whether the sound has been enhanced in volume or 
range by electronic or mechanical means; and
		(6)  whether the sound may be controlled without 
unreasonable effort or expense to the producer of the sound.
	Sec. 240.045.  EXEMPTIONS.  The commissioners court of the 
county by order may establish an exemption to a regulation adopted 
under this subchapter if the court determines that the public 
interest justifies the exemption.
	Sec. 240.046.  INJUNCTION.  A county may sue in the district 
court for an injunction to prohibit the violation or threatened 
violation of a regulation adopted under this subchapter.
	Sec. 240.047.  CRIMINAL PENALTY.  (a)  A person commits an 
offense if the person violates a regulation adopted under this 
subchapter.
	(b)  Each hour that a violation of a regulation adopted under 
this subchapter continues constitutes a separate offense.
	(c)  An offense under this section is a Class C misdemeanor.            
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.