81R14510 EAH-D
By: Walle, Riddle, Crabb, Thompson, H.B. No. 1115
Hernandez, et al.
Substitute the following for H.B. No. 1115:
By: Castro C.S.H.B. No. 1115
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of noise regulations by certain counties;
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 NOISE AND SOUND LEVELS
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. 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. 240.064. METHOD OF SOUND MEASUREMENT. The
commissioners court shall by rule adopt a procedure to measure
noise and sound levels under this subchapter.
Sec. 240.065. 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. 240.066. 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.
If it is shown on the trial of an offense under this section that the
person has previously been convicted of an offense under this
section, the offense is a Class B 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, 2009.