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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing certain populous counties to adopt noise |
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regulations; providing criminal and civil penalties. |
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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 D to read as follows: |
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SUBCHAPTER D. REGULATION OF NOISE BY CERTAIN POPULOUS COUNTIES |
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Sec. 240.061. PURPOSE. The powers granted under this |
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subchapter are for the purpose of promoting the public health, |
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safety, morals, or general welfare. |
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Sec. 240.062. APPLICABILITY. This subchapter applies only |
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to a county with a population of more than 800,000. |
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Sec. 240.063. COUNTY NOISE REGULATIONS GENERALLY. In the |
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unincorporated area of a county, the commissioners court of the |
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county may adopt regulations to regulate noise levels. |
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Sec. 240.064. COMPLIANCE WITH COMPREHENSIVE PLAN. |
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Regulations under this subchapter must be adopted in accordance |
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with a comprehensive plan and must be designed to promote the |
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maintenance of noise levels that are compatible with the land use of |
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an area or promote, to the greatest degree, the purpose of this |
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subchapter. |
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Sec. 240.065. DISTRICTS. (a) The commissioners court of a |
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county may divide the unincorporated area of the county into |
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districts of a number, shape, and size the commissioners court |
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considers best for carrying out this subchapter. |
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(b) Regulations must be uniform for each class or kind of |
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land use in a district, but the regulations may vary from district |
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to district. The regulations shall be adopted with reasonable |
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consideration, among other factors, for the character of each |
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district and its peculiar suitability for particular uses, with a |
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view of conserving the value of buildings and encouraging the most |
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appropriate use of land in the county. |
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Sec. 240.066. PROCEDURES GOVERNING ADOPTION OF COUNTY NOISE |
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REGULATIONS AND DISTRICT BOUNDARIES. (a) The commissioners court |
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of a county wishing to exercise the authority relating to |
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regulations and district boundaries under this subchapter shall |
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establish procedures for adopting and enforcing the regulations and |
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boundaries. A regulation or boundary is not effective until after a |
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public hearing on the matter at which parties in interest and |
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citizens have an opportunity to be heard. Before the 15th day |
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before the date of the hearing, notice of the time and place of the |
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hearing must be published in an official newspaper or a newspaper of |
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general circulation in the county. |
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(b) If the commissioners court of a county conducts a |
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hearing under Subsection (a), the commissioners court may, by a |
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majority vote, prescribe the type of notice to be given of the time |
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and place of the public hearing. Notice requirements prescribed |
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under this subsection are in addition to the publication of notice |
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required by Subsection (a). |
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(c) If a proposed change to a regulation or boundary is |
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protested in accordance with this subsection, the proposed change |
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must receive, in order to take effect, the affirmative vote of at |
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least 75 percent of all members of the commissioners court. The |
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protest must be written and signed by the owners of at least 20 |
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percent of: |
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(1) the area of the lots or land covered by the |
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proposed change; or |
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(2) the area of the lots or land immediately adjoining |
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the area covered by the proposed change and extending 200 feet from |
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that area. |
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(d) In computing the percentage of land area under |
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Subsection (c), the area of streets and alleys shall be included. |
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Sec. 240.067. ENFORCEMENT; PENALTY; REMEDIES. (a) The |
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commissioners court of a county may adopt orders to enforce this |
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subchapter or any regulation adopted under this subchapter. |
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(b) A person commits an offense if the person violates this |
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subchapter or a regulation adopted under this subchapter. An |
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offense under this subsection is a misdemeanor, punishable by fine, |
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imprisonment, or both, as provided by the commissioners court. The |
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commissioners court may also provide civil penalties for a |
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violation. |
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(c) If a land use violates this subchapter or a regulation |
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adopted under this subchapter, the appropriate county authority, in |
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addition to other remedies, may institute appropriate action to: |
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(1) restrain, correct, or abate the violation; or |
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(2) prevent any illegal act, conduct, business, or use |
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on or about the premises. |
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Sec. 240.068. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a) |
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This subchapter does not authorize the commissioners court of a |
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county to require the removal or destruction of property that |
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exists at the time the commissioners court implements this |
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subchapter and that is actually and necessarily used in a public |
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service business. |
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(b) This subchapter does not apply to land under the |
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control, administration, or jurisdiction of a state or federal |
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agency. |
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(c) This subchapter applies to privately owned land when |
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leased to a state agency. |
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Sec. 240.069. CONTINUATION OF LAND USE IN CERTAIN AREAS. |
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(a) A county may not prohibit a person from: |
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(1) continuing to use land in the manner in which the |
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land was being used on January 1, 2010, if the land use was legal at |
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that time; or |
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(2) beginning to use land in the manner that was |
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planned for the land before September 1, 2009, if: |
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(A) one or more licenses, certificates, permits, |
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approvals, or other forms of authorization by a governmental entity |
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were required by law for the planned land use; and |
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(B) a completed application for the initial |
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authorization was filed with the governmental entity before |
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September 1, 2009. |
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(b) For purposes of this section, a completed application is |
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filed if the application includes all documents and other |
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information designated as required by the governmental entity in a |
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written notice to the applicant. |
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(c) This section does not prohibit a county from imposing a |
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regulation relating to noise levels that does not prevent a person |
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from continuing to use property for residential purposes. |
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(d) An order or regulation in conflict with this section is |
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void. |
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SECTION 2. This Act takes effect September 1, 2009. |