Bill Text: TX HB2687 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to county regulation of sound levels; providing a criminal penalty.
Sponsorship: Partisan Bill (Democrat 1)
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. | ||
