BILL ANALYSIS

 

 

                                                                                                                                             H.B. 182

                                                                                                                               By: Brown, Betty

                                                                                                                                    County Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, certain Texas counties cannot regulate noise in unincorporated areas of the county.  Very loud and disturbing noises have led to problems with residents in these areas. 

 

H.B. 182 would give the county commissioners courts of certain counties the authority to regulate sound levels, from a loudspeaker or sound amplifier, which exceed 85 decibels at a distance of 50 feet and that disturbs a person of ordinary sensibilities in the immediate vicinity.

 

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. 

 

ANALYSIS

 

H.B. 182 proposes to amend the Local Government Code to allow certain counties in it's unincorporated areas to regulate the production of sound from a loudspeaker or sound amplifier. The bill allows counties to regulate speakers that exceed 85 decibels at a distance of 50 feet of from another property and if it disturbs a person of ordinary sensibilities in the immediate vicinity. The bill allows a commissioners court to issue permits for events which will exceed this level. The bill also creates a Class C Misdemeanor offense for noncompliance and stipules which courts have jurisdiction over the matter.

 

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.