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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to enact noise |
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regulations; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 240, Local Government Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. REGULATION OF NOISE AND SOUND LEVELS |
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Sec. 240.101. DEFINITIONS. In this subchapter: |
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(1) "Major metropolitan county" means a county in |
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which three or more municipalities, each with a population of more |
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than 175,000, are predominantly located. |
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(2) "Nonurban county" means a county that has a |
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population of less than 100,000 and that had a percentage change in |
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its population growth, according to the most recent federal |
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decennial census, of less than 50 percent. |
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Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a nonurban county located adjacent to a major |
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metropolitan county. |
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Sec. 240.103. AUTHORITY TO REGULATE. (a) The |
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commissioners court of the county by order may prohibit the |
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production of sound from a loudspeaker or sound amplifier: |
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(1) the level of which exceeds 85 decibels at a |
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distance of 50 feet from the property line of the property on which |
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the loudspeaker or sound amplifier is operated; and |
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(2) that disturbs a person of ordinary sensibilities |
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in the immediate vicinity of the loudspeaker or sound amplifier. |
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(b) A regulation adopted under this subchapter applies only |
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to the unincorporated area of the county. |
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Sec. 240.104. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
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The commissioners court by order may authorize the holding of |
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events at which loudspeakers or sound amplifiers that produce |
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sounds exceeding the levels specified by Section 240.103 will be |
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used, if the person holding an event obtains a permit from the |
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county for the event. |
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(b) A person must apply for the permit in accordance with |
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regulations adopted by the county. |
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(c) The regulations adopted under this section may provide |
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for the denial, suspension, or revocation of a permit by the county. |
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(d) A district court has jurisdiction of a suit that arises |
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from the denial, suspension, or revocation of a permit by the |
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county. |
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(e) A county may impose fees on an applicant for a permit |
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under this section. The fees must be based on the administrative |
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costs of issuing the permit. A county that imposes a permit fee |
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shall establish procedures to reduce the fee amount if the |
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applicant is unable to pay the full permit fee. |
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Sec. 240.105. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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ORDER. If an order adopted by a county under this subchapter |
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conflicts with an ordinance of a municipality, the municipal |
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ordinance prevails within the municipality's jurisdiction to the |
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extent of the conflict. |
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Sec. 240.106. INJUNCTION. A county may sue in the district |
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court for an injunction to prohibit the violation or threatened |
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violation of a prohibition or other regulation adopted under this |
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subchapter. |
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Sec. 240.107. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates a prohibition or other regulation |
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adopted under this subchapter. |
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(b) Each hour that a violation of a prohibition or other |
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regulation adopted under this subchapter continues constitutes a |
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separate offense. |
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(c) An offense under this section is a Class C misdemeanor. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |