| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to noise abatement procedures on certain turnpikes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 366, Transportation Code, |
|
|
is amended by adding Section 366.186 to read as follows: |
|
|
Sec. 366.186. NOISE ABATEMENT PROCEDURES. (a) An |
|
|
authority shall conduct a study and an analysis of traffic noise in |
|
|
a neighborhood on receipt of a petition requesting the study. The |
|
|
petition must: |
|
|
(1) state the segment of a turnpike project that is at |
|
|
least 1,000 feet in length for which the study is sought; and |
|
|
(2) be signed by at least 70 percent of the property |
|
|
owners who reside within 1,000 feet of the segment. |
|
|
(b) Not later than six months after receiving a petition |
|
|
under Subsection (a), an authority shall publish the results of a |
|
|
study conducted under that subsection. |
|
|
(c) An authority shall erect a sound barrier wall adjacent |
|
|
to a neighborhood if a study conducted under Subsection (a) finds: |
|
|
(1) an exterior noise decibel level of 60 dBA Leq or |
|
|
more on land used for a picnic area, a recreation area, a |
|
|
playground, an active sports area, a park, a residence, a motel, a |
|
|
hotel, a school, a church, a library, or a hospital; or |
|
|
(2) an interior noise decibel level of 45 dBA Leq or |
|
|
more on land used for a residence, a motel, a hotel, a school, a |
|
|
church, a library, or a hospital. |
|
|
(d) An authority required to erect a sound barrier under |
|
|
Subsection (c) shall begin construction not later than the 30th day |
|
|
after the date the authority publishes the results of the study. |
|
|
(e) A sound barrier erected under Subsection (c) must be |
|
|
located immediately adjacent to the turnpike project and must have |
|
|
a height of not less than 10 feet. |
|
|
(f) In addition to a study required under Subsection (a), |
|
|
after normal traffic patterns have been established for a turnpike |
|
|
project, but not later than one year after completion of |
|
|
construction of the turnpike, an authority shall conduct a study |
|
|
and an analysis of traffic noise on the turnpike to determine if the |
|
|
level of traffic noise meets the applicable level of traffic noise |
|
|
recommended in the Highway Traffic Noise: Analysis and Abatement |
|
|
Guidance issued by the United States Department of Transportation |
|
|
Federal Highway Administration. |
|
|
(g) An authority shall set aside five percent of each toll |
|
|
collected to be used for the purpose of addressing traffic noise on |
|
|
a turnpike project. |
|
|
SECTION 2. Section 366.186(f), Transportation Code, as |
|
|
added by this Act, applies only to a turnpike project that is |
|
|
completed on or after the effective date of this Act. A turnpike |
|
|
project that is completed before the effective date of this Act is |
|
|
governed by the law in effect on the date of completion, and that |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |