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A BILL TO BE ENTITLED
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AN ACT
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relating to guidelines for and adjustments to highway noise |
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barriers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 201.610, Transportation Code, is amended |
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to read as follows: |
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Sec. 201.610. HIGHWAY NOISE [SOUND] BARRIERS. The |
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department may erect a noise [sound] barrier to reduce the noise |
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from a road or highway in the state highway system at any location |
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the department determines is appropriate, including along the |
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right-of-way of a railroad that runs parallel or adjacent to a road |
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or highway. |
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SECTION 2. Subchapter H, Chapter 201, Transportation Code, |
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is amended by adding Section 201.6105 to read as follows: |
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Sec. 201.6105. NOISE BARRIER GUIDELINES. (a) In this |
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section: |
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(1) "Common noise environment," "impacted receptor," |
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and "receptor" have the meanings assigned by 23 C.F.R. Section |
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772.5, as that law existed on March 1, 2017. |
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(2) "First row impacted receptor" means an impacted |
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receptor that is adjacent to a noise barrier or proposed noise |
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barrier. |
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(b) The department shall develop guidelines for noise |
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barriers based on the study and report required by Chapter 696 (H.B. |
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790), Acts of the 84th Legislature, Regular Session, 2015. |
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(c) The guidelines must require: |
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(1) that a noise barrier traffic noise analysis must |
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include all individual, residential receptors that are impacted or |
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could potentially be benefited by the installation of a noise |
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barrier; |
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(2) the department to make every reasonable effort to |
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break the line of sight between the roadway noise source and all |
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first row impacted receptors during the design of a noise barrier; |
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(3) the department to consider conducting a separate |
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noise barrier traffic noise analysis if the topography or other |
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conditions throughout a project change significantly to constitute |
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a separate common noise environment; and |
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(4) that, before construction of a noise barrier, the |
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department shall verify that the site geometry and proposed noise |
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barrier locations, dimensions, and elevations presented in the |
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noise barrier traffic noise analysis are consistent with the |
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roadway design to ensure that the top of each noise barrier is |
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constructed at an appropriate elevation so that the noise barrier |
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will function as the design intended. |
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SECTION 3. Subchapter E, Chapter 366, Transportation Code, |
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is amended by adding Section 366.186 to read as follows: |
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Sec. 366.186. NOISE BARRIERS. (a) In this section, "first |
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row impacted receptor" has the meaning assigned by Section |
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201.6105. |
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(b) This section applies only to a noise barrier existing on |
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March 1, 2017, that is located in Dallas County on: |
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(1) the west right-of-way of the President George Bush |
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Turnpike Eastern Extension beginning north of 4509 Meadowcove Drive |
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southward to the end of the noise barrier; and |
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(2) the east right-of-way of the President George Bush |
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Turnpike Eastern Extension beginning north of 2205 Mermaid Circle |
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southward to the southern end of the noise barrier. |
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(c) An authority shall adjust an erected noise barrier |
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height to reduce the traffic noise by: |
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(1) at least an exterior noise decibel level of five |
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dBA for not less than 50 percent of first row impacted receptors; |
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and |
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(2) an exterior noise decibel level of seven dBA for at |
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least one first row impacted receptor. |
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SECTION 4. Chapter 372, Transportation Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. TOLL PROJECT CONSTRUCTION |
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Sec. 372.151. NOISE BARRIER GUIDELINES. The noise barrier |
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guidelines developed by the department under Section 201.6105 apply |
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to a toll project entity. |
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SECTION 5. This Act takes effect September 1, 2017. |