| 1 | 1 | | 81R6571 EAH-D |
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| 2 | 2 | | By: Walle H.B. No. 1115 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of certain counties to enact noise |
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| 8 | 8 | | regulations; providing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 240, Local Government Code, is amended |
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| 11 | 11 | | by adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. REGULATION OF NOISE AND SOUND LEVELS |
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| 13 | 13 | | Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 14 | 14 | | applies only to a county with a population of more than 3.3 million. |
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| 15 | 15 | | Sec. 240.062. AUTHORITY TO REGULATE. (a) The |
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| 16 | 16 | | commissioners court of the county by order may prohibit the |
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| 17 | 17 | | production of sound from a loudspeaker or sound amplifier the level |
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| 18 | 18 | | of which exceeds 85 decibels at a distance of 50 feet from the |
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| 19 | 19 | | property line of the property on which the loudspeaker or sound |
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| 20 | 20 | | amplifier is operated. |
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| 21 | 21 | | (b) A regulation adopted under this subchapter applies only |
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| 22 | 22 | | to the unincorporated area of the county. |
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| 23 | 23 | | Sec. 240.063. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
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| 24 | 24 | | The commissioners court by order may authorize the holding of |
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| 25 | 25 | | events at which loudspeakers or sound amplifiers that produce |
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| 26 | 26 | | sounds exceeding the levels specified by Section 240.062 will be |
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| 27 | 27 | | used, if the person holding an event obtains a permit from the |
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| 28 | 28 | | county for the event. |
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| 29 | 29 | | (b) In determining whether to grant a permit under this |
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| 30 | 30 | | section, the commissioners court shall consider whether the sound |
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| 31 | 31 | | is recurrent, intermittent, or constant. |
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| 32 | 32 | | (c) A person must apply for the permit in accordance with |
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| 33 | 33 | | regulations adopted by the county. |
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| 34 | 34 | | (d) The regulations adopted under this section may provide |
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| 35 | 35 | | for the denial, suspension, or revocation of a permit by the county. |
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| 36 | 36 | | (e) A district court has jurisdiction of a suit that arises |
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| 37 | 37 | | from the denial, suspension, or revocation of a permit by the |
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| 38 | 38 | | county. |
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| 39 | 39 | | (f) A county may impose fees on an applicant for a permit |
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| 40 | 40 | | under this section. The fees must be based on the administrative |
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| 41 | 41 | | costs of issuing the permit. A county that imposes a permit fee |
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| 42 | 42 | | shall establish procedures to reduce the fee amount if the |
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| 43 | 43 | | applicant is unable to pay the full permit fee. |
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| 44 | 44 | | Sec. 240.064. METHOD OF SOUND MEASUREMENT. If the |
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| 45 | 45 | | commissioners court of a county adopts an order under Section |
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| 46 | 46 | | 240.062, the commissioners court shall by rule adopt a procedure to |
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| 47 | 47 | | measure noise and sound levels under this subchapter. |
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| 48 | 48 | | Sec. 240.065. INJUNCTION. A county may sue in the district |
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| 49 | 49 | | court for an injunction to prohibit the violation or threatened |
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| 50 | 50 | | violation of a prohibition or other regulation adopted under this |
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| 51 | 51 | | subchapter. |
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| 52 | 52 | | Sec. 240.066. CRIMINAL PENALTY. (a) A person commits an |
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| 53 | 53 | | offense if the person violates a prohibition or other regulation |
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| 54 | 54 | | adopted under this subchapter. |
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| 55 | 55 | | (b) An offense under this section is a Class C misdemeanor. |
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| 56 | 56 | | If it is shown on the trial of an offense under this section that the |
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| 57 | 57 | | person has previously been convicted of an offense under this |
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| 58 | 58 | | section, the offense is a Class B misdemeanor. |
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| 59 | 59 | | SECTION 2. This Act takes effect immediately if it receives |
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| 60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 63 | | Act takes effect September 1, 2009. |
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