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A BILL TO BE ENTITLED
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AN ACT
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relating to county regulation of sound levels; providing a criminal |
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penalty. |
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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 SOUND LEVELS |
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Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county that has a population of more than one |
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million and in which more than 75 percent of the population lives in |
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a single municipality. |
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Sec. 240.062. REGULATORY AUTHORITY. (a) The commissioners |
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court of a county by order may regulate sound levels as prescribed |
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by this subchapter to promote the public health, safety, or |
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welfare. |
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(b) A regulation adopted under this subchapter applies only |
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to the unincorporated area of the county. |
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Sec. 240.063. REGULATIONS. (a) The regulations adopted |
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under this subchapter must prohibit sound levels that: |
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(1) exceed 85 decibels at 10 p.m. or after and before 6 |
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a.m.; and |
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(2) continue for one hour or more. |
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(b) Sound regulated under this subchapter is measured by the |
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actual decibel level emitted and not by an average noise level based |
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on a one-hour period. |
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(c) A regulation adopted under this subchapter may require |
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that a business or enterprise in existence before the effective |
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date of the regulation and located within 5,000 feet of an existing |
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residence, school, hospital, or nursing home take any measure |
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necessary to comply with the regulation within a period determined |
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by the county, not to exceed two years. |
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(d) The authority to regulate sound levels provided by this |
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subchapter is in addition to any regulatory authority granted by |
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other law. |
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Sec. 240.064. EXEMPTIONS. A sound is exempt from |
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regulation under this subchapter if it is a sound produced: |
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(1) for the purpose of alerting persons to the |
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existence of an emergency, danger, or attempted crime; |
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(2) by an emergency vehicle; |
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(3) by emergency work necessary to restore public |
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utilities, to restore property to a safe condition, or to protect |
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persons or property from imminent danger; |
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(4) by aircraft in operation at an airport or in |
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flight, or railroad equipment in operation on railroad |
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rights-of-way; |
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(5) by the operations of an electric utility or a power |
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generation company as defined by Section 31.002, Utilities Code, or |
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a gas utility as defined by Section 101.003 or 121.001, Utilities |
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Code; or |
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(6) by the use of restricted fireworks as defined by |
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Section 352.051. |
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Sec. 240.065. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
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The commissioners court of a county by order may authorize the |
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holding of events that produce sounds exceeding the levels |
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specified by Section 240.063 if the person holding an event obtains |
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a permit from the county for the event. |
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(b) A person must apply for the permit in accordance with |
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regulations adopted by the county. |
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(c) The regulations adopted under this section may provide |
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for the denial, suspension, or revocation of a permit by the 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. 240.066. INJUNCTION. The county may sue in the |
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district court for an injunction to prohibit the violation or |
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threatened violation of a regulation adopted under this 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 regulation adopted under this |
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subchapter. |
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(b) For a violation that continues for more than one hour, |
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each complete hour during which a violation of a regulation adopted |
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under this subchapter continues constitutes a separate offense. |
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(c) An offense under this section is a Class C 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, 2011. |