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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of noise regulations by certain counties; |
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providing a criminal penalty; authorizing a fee. |
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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 AND SOUND LEVELS |
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Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county with a population of more than 2.6 million. |
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Sec. 240.062. AUTHORITY TO REGULATE. The commissioners |
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court of a county by order shall prohibit the production of sound |
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from a loudspeaker or sound amplifier in the unincorporated area of |
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the county that exceeds a reasonable level as specified in the |
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order. |
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Sec. 240.063. EXEMPTIONS. A sound is exempt from |
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regulation under this subchapter if it is a sound produced by the |
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operations or facilities of: |
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(1) an electric utility as defined by Section 31.002, |
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Utilities Code; or |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code. |
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Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
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A commissioners court by order may authorize the holding of events |
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at which loudspeakers or sound amplifiers that produce sounds |
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exceeding the levels specified in the order adopted under Section |
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240.062 will be used, if the person holding an event obtains a |
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permit from the county for the event. |
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(b) In determining whether to grant a permit under this |
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section, a commissioners court shall consider whether the sound is |
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recurrent, intermittent, or constant. |
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(c) The regulations adopted under this subchapter may |
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provide for the denial, suspension, or revocation of a permit by the |
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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. 240.065. METHOD OF SOUND MEASUREMENT. A commissioners |
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court by rule shall adopt a procedure to measure noise and sound |
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levels under this subchapter. |
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Sec. 240.066. 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. 240.067. 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) An offense under this section is a Class C misdemeanor. |
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If it is shown on the trial of an offense under this section that the |
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person has previously been convicted of an offense under this |
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section, the offense is a Class B 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, 2025. |