Bill Text: TX HB2687 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to county regulation of sound levels; providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-24 - Left pending in committee [HB2687 Detail]
Download: Texas-2011-HB2687-Introduced.html
82R597 EAH-D | ||
By: Lucio III | H.B. No. 2687 |
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relating to county regulation of sound levels; providing a criminal | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 240, Local Government Code, is amended | ||
by adding Subchapter D to read as follows: | ||
SUBCHAPTER D. REGULATION OF SOUND LEVELS | ||
Sec. 240.061. REGULATORY AUTHORITY. (a) The commissioners | ||
court of a county by order may regulate sound levels as prescribed | ||
by this subchapter to promote the public health, safety, or | ||
welfare. | ||
(b) A regulation adopted under this subchapter applies only | ||
to the unincorporated area of the county. | ||
Sec. 240.062. REGULATIONS. (a) The regulations adopted | ||
under this subchapter must prohibit sound levels that: | ||
(1) exceed 85 decibels at 10 p.m. or after and before 6 | ||
a.m.; and | ||
(2) continue for one hour or more. | ||
(b) Sound regulated under this subchapter is measured by the | ||
actual decibel level emitted and not by an average noise level based | ||
on a one-hour period. | ||
(c) A regulation adopted under this subchapter may require | ||
that a business or enterprise in existence before the effective | ||
date of the regulation and located within 5,000 feet of an existing | ||
residence, school, hospital, or nursing home take any measure | ||
necessary to comply with the regulation within a period determined | ||
by the county, not to exceed two years. | ||
(d) The authority to regulate sound levels provided by this | ||
subchapter is in addition to any regulatory authority granted by | ||
other law. | ||
Sec. 240.063. EXEMPTIONS. A sound is exempt from | ||
regulation under this subchapter if it is a sound produced: | ||
(1) for the purpose of alerting persons to the | ||
existence of an emergency, danger, or attempted crime; | ||
(2) by an emergency vehicle; | ||
(3) by emergency work necessary to restore public | ||
utilities, to restore property to a safe condition, or to protect | ||
persons or property from imminent danger; | ||
(4) by aircraft in operation at an airport or in flight | ||
or by railroad equipment in operation on railroad rights-of-way; | ||
(5) by the operations of an electric utility or a power | ||
generation company as defined by Section 31.002, Utilities Code, or | ||
a gas utility as defined by Section 101.003 or 121.001, Utilities | ||
Code; or | ||
(6) by the use of restricted fireworks as defined by | ||
Section 352.051. | ||
Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) | ||
The commissioners court of a county by order may authorize the | ||
holding of events that produce sounds exceeding the levels | ||
specified by Section 240.062 if the person holding an event obtains | ||
a permit from the county for the event. | ||
(b) A person must apply for the permit in accordance with | ||
regulations adopted by the county. | ||
(c) The regulations adopted under this section may provide | ||
for the denial, suspension, or revocation of a permit by the county. | ||
(d) A district court has jurisdiction of a suit that arises | ||
from the denial, suspension, or revocation of a permit by the | ||
county. | ||
(e) A county may impose fees on an applicant for a permit | ||
under this section. The fees must be based on the administrative | ||
costs of issuing the permit. A county that imposes a permit fee | ||
shall establish procedures to reduce the fee amount if the | ||
applicant is unable to pay the full permit fee. | ||
Sec. 240.065. INJUNCTION. The county may sue in the | ||
district court for an injunction to prohibit the violation or | ||
threatened violation of a regulation adopted under this subchapter. | ||
Sec. 240.066. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person violates a regulation adopted under this | ||
subchapter. | ||
(b) For a violation that continues for more than one hour, | ||
each complete hour during which a violation of a regulation adopted | ||
under this subchapter continues constitutes a separate offense. | ||
(c) An offense under this section is a Class C misdemeanor. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. |