Bill Text: TX HB3550 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to guidelines for and adjustments to highway noise barriers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3550 Detail]

Download: Texas-2017-HB3550-Introduced.html

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85R13142 AAF-D
By: Burkett H.B. No. 3550

A BILL TO BE ENTITLED
AN ACT
relating to guidelines for and adjustments to highway noise
barriers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.610, Transportation Code, is amended
to read as follows:
Sec. 201.610. HIGHWAY NOISE [SOUND] BARRIERS. The
department may erect a noise [sound] barrier to reduce the noise
from a road or highway in the state highway system at any location
the department determines is appropriate, including along the
right-of-way of a railroad that runs parallel or adjacent to a road
or highway.
SECTION 2. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.6105 to read as follows:
Sec. 201.6105. NOISE BARRIER GUIDELINES. (a) In this
section:
(1) "Common noise environment," "impacted receptor,"
and "receptor" have the meanings assigned by 23 C.F.R. Section
772.5, as that law existed on March 1, 2017.
(2) "First row impacted receptor" means an impacted
receptor that is adjacent to a noise barrier or proposed noise
barrier.
(b) The department shall develop guidelines for noise
barriers based on the study and report required by Chapter 696 (H.B.
790), Acts of the 84th Legislature, Regular Session, 2015.
(c) The guidelines must require:
(1) that a noise barrier traffic noise analysis must
include all individual, residential receptors that are impacted or
could potentially be benefited by the installation of a noise
barrier;
(2) the department to make every reasonable effort to
break the line of sight between the roadway noise source and all
first row impacted receptors during the design of a noise barrier;
(3) the department to consider conducting a separate
noise barrier traffic noise analysis if the topography or other
conditions throughout a project change significantly to constitute
a separate common noise environment; and
(4) that, before construction of a noise barrier, the
department shall verify that the site geometry and proposed noise
barrier locations, dimensions, and elevations presented in the
noise barrier traffic noise analysis are consistent with the
roadway design to ensure that the top of each noise barrier is
constructed at an appropriate elevation so that the noise barrier
will function as the design intended.
SECTION 3. Subchapter E, Chapter 366, Transportation Code,
is amended by adding Section 366.186 to read as follows:
Sec. 366.186. NOISE BARRIERS. (a) In this section, "first
row impacted receptor" has the meaning assigned by Section
201.6105.
(b) This section applies only to a noise barrier existing on
March 1, 2017, that is located in Dallas County on:
(1) the west right-of-way of the President George Bush
Turnpike Eastern Extension beginning north of 4509 Meadowcove Drive
southward to the end of the noise barrier; and
(2) the east right-of-way of the President George Bush
Turnpike Eastern Extension beginning north of 2205 Mermaid Circle
southward to the southern end of the noise barrier.
(c) An authority shall adjust an erected noise barrier
height to reduce the traffic noise by:
(1) at least an exterior noise decibel level of five
dBA for not less than 50 percent of first row impacted receptors;
and
(2) an exterior noise decibel level of seven dBA for at
least one first row impacted receptor.
SECTION 4. Chapter 372, Transportation Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. TOLL PROJECT CONSTRUCTION
Sec. 372.151. NOISE BARRIER GUIDELINES. The noise barrier
guidelines developed by the department under Section 201.6105 apply
to a toll project entity.
SECTION 5. This Act takes effect September 1, 2017.