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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to enact noise |
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regulations; providing a criminal 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 NOISE AND SOUND LEVELS |
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Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county with a population of more than 3.3 million. |
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Sec. 240.062. AUTHORITY TO REGULATE. (a) The |
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commissioners court of a county by order may regulate as permitted |
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by this subchapter sound levels to promote the public health, |
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safety, or 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. PERMISSIBLE REGULATIONS. (a) The regulations |
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may prohibit any act that produces a sound that a reasonable person |
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would find objectionable. |
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(b) In determining whether a sound is objectionable to a |
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reasonable person, the following factors may be considered: |
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(1) the time of day the sound is produced; |
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(2) the proximity of the production of the sound to |
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residential property; |
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(3) whether the sound is recurrent, intermittent, or |
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constant; |
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(4) the volume and intensity of the sound; |
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(5) whether the sound has been enhanced in volume or |
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range by electronic or mechanical means; and |
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(6) whether the sound may be controlled without |
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unreasonable effort or expense to the producer of the sound. |
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Sec. 240.064. EXEMPTIONS. The commissioners court of a |
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county by order may establish an exemption to a regulation adopted |
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under this subchapter if the court determines that the public |
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interest justifies the exemption. |
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Sec. 240.065. INJUNCTION. A county may sue in the district |
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court for an injunction to prohibit the violation or threatened |
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violation of a regulation adopted under this subchapter. |
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Sec. 240.066. 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) Each hour that a violation of a regulation adopted under |
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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. |