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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 regulate excessive |
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noise levels affecting residential areas in unincorporated areas of |
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the county; authorizing the imposition of a civil fine. |
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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 LEVELS IN CERTAIN COUNTIES |
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Sec. 240.061. APPLICABILITY. This subchapter applies only |
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to a county with a population of 3.3 million or more. |
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Sec. 240.062. AUTHORITY TO REGULATE; CITATION AND FINE. |
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(a) The commissioners court by order may regulate noise levels |
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emanating from a residence that affect residential areas in |
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unincorporated areas of the county. |
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(b) The commissioners court may pass regulations that allow |
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a peace officer, when a formal or informal complaint about noise |
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levels emanating from a residential address has been made, to issue |
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a citation for noise disturbance emanating from the offending |
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residential address if the officer determines that noise levels |
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emanating from the address exceed noise levels allowed under county |
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regulations. |
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(c) The first citation for noise disturbance emanating from |
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a specific residential address must be a warning citation. |
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Subsequent citations for noise disturbance emanating from that |
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address may be punished by a civil fine not to exceed $500 per |
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occurrence. |
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The owner or lessee of the residence, as applicable, is |
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responsible for paying the civil fine. |
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(d) A citation other than a warning citation issued under |
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this section must state: |
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(1) the address of the residence cited; |
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(2) the violation charged; |
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(3) the date by which the civil fine must be paid; and |
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(4) the time and place the owner or lessee of the |
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residence, as applicable, is required to appear in court in order to |
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contest the citation. |
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SECTION 2. This Act takes effect September 1, 2017. |