Bill Text: TX HB295 | 2017-2018 | 85th Legislature | Comm Sub

Texas House Bill 295 (Prior Session Legislation)

Bill Title: Relating to the adoption of noise regulations by certain counties; providing a criminal penalty; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-04-27 - Committee report sent to Calendars [HB295 Detail]

Download: Texas-2017-HB295-Comm_Sub.html

	85R24108 DMS-F

	By: Walle	H.B. No. 295

	Substitute the following for H.B. No. 295:

	By: Neave	C.S.H.B. No. 295



	A BILL TO BE ENTITLED
	AN ACT
	relating to the adoption of noise regulations by certain counties;
	providing a criminal penalty; authorizing a fee.
	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 NOISE AND SOUND LEVELS IN CERTAIN
	COUNTIES
	Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter
	applies only to a county with a population of more than 3.3 million.
	Sec. 240.062. AUTHORITY TO REGULATE. (a) The
	commissioners court of the county by order shall prohibit the
	production of sound from a loudspeaker or sound amplifier the level
	of which exceeds 85 decibels at a distance of 50 feet from the
	property line of the property on which the loudspeaker or sound
	amplifier is operated.
	(b) A regulation adopted under this subchapter applies only
	to the unincorporated area of the county.
	Sec. 240.063. EXEMPTIONS. A sound is exempt from
	regulation under this subchapter if it is a sound produced by the
	operations or facilities of:
	(1) a chemical manufacturing facility;
	(2) an electric utility as defined by Section 31.002,
	Utilities Code; or
	(3) a gas utility as defined by Section 101.003 or
	121.001, Utilities Code.
	Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a)
	The commissioners court by order may authorize the holding of
	events at which loudspeakers or sound amplifiers that produce
	sounds exceeding the levels specified by Section 240.062 will be
	used, if the person holding an event obtains a permit from the
	county for the event.
	(b) In determining whether to grant a permit under this
	section, the commissioners court shall consider whether the sound
	is recurrent, intermittent, or constant.
	(c) A person must apply for the permit in accordance with
	regulations adopted by the county.
	(d) The regulations adopted under this section may provide
	for the denial, suspension, or revocation of a permit by the county.
	(e) A district court has jurisdiction of a suit that arises
	from the denial, suspension, or revocation of a permit by the
	county.
	(f) 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. METHOD OF SOUND MEASUREMENT. The
	commissioners court by rule shall adopt a procedure to measure
	noise and sound levels under this subchapter.
	Sec. 240.066. INJUNCTION. A county may sue in the district
	court for an injunction to prohibit the violation or threatened
	violation of a prohibition or other regulation adopted under this
	subchapter.
	Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an
	offense if the person violates a prohibition or other regulation
	adopted under this subchapter.
	(b) 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, 2017.