Texas 2009 - 81st Regular

Texas House Bill HB1507 Compare Versions

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1	1	81R12861 ATP-D
2	2	By: Bolton, et al. H.B. No. 1507
3	3	Substitute the following for H.B. No. 1507:
4	4	By: Davis of Harris C.S.H.B. No. 1507
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing certain populous counties to adopt noise
10	10	regulations; providing criminal and civil penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 240, Local Government Code, is amended
13	13	by adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. REGULATION OF NOISE BY CERTAIN POPULOUS COUNTIES
15	15	Sec. 240.061. PURPOSE. The powers granted under this
16	16	subchapter are for the purpose of promoting the public health,
17	17	safety, morals, or general welfare.
18	18	Sec. 240.062. APPLICABILITY. This subchapter applies only
19	19	to a county with a population of more than 800,000.
20	20	Sec. 240.063. COUNTY NOISE REGULATIONS GENERALLY. In the
21	21	unincorporated area of a county, the commissioners court of the
22	22	county may adopt regulations to regulate noise levels.
23	23	Sec. 240.064. COMPLIANCE WITH COMPREHENSIVE PLAN.
24	24	Regulations under this subchapter must be adopted in accordance
25	25	with a comprehensive plan and must be designed to promote the
26	26	maintenance of noise levels that are compatible with the land use of
27	27	an area or promote, to the greatest degree, the purpose of this
28	28	subchapter.
29	29	Sec. 240.065. DISTRICTS. (a) The commissioners court of a
30	30	county may divide the unincorporated area of the county into
31	31	districts of a number, shape, and size the commissioners court
32	32	considers best for carrying out this subchapter.
33	33	(b) Regulations must be uniform for each class or kind of
34	34	land use in a district, but the regulations may vary from district
35	35	to district. The regulations shall be adopted with reasonable
36	36	consideration, among other factors, for the character of each
37	37	district and its peculiar suitability for particular uses, with a
38	38	view of conserving the value of buildings and encouraging the most
39	39	appropriate use of land in the county.
40	40	Sec. 240.066. PROCEDURES GOVERNING ADOPTION OF COUNTY NOISE
41	41	REGULATIONS AND DISTRICT BOUNDARIES. (a) The commissioners court
42	42	of a county wishing to exercise the authority relating to
43	43	regulations and district boundaries under this subchapter shall
44	44	establish procedures for adopting and enforcing the regulations and
45	45	boundaries. A regulation or boundary is not effective until after a
46	46	public hearing on the matter at which parties in interest and
47	47	citizens have an opportunity to be heard. Before the 15th day
48	48	before the date of the hearing, notice of the time and place of the
49	49	hearing must be published in an official newspaper or a newspaper of
50	50	general circulation in the county.
51	51	(b) If the commissioners court of a county conducts a
52	52	hearing under Subsection (a), the commissioners court may, by a
53	53	majority vote, prescribe the type of notice to be given of the time
54	54	and place of the public hearing. Notice requirements prescribed
55	55	under this subsection are in addition to the publication of notice
56	56	required by Subsection (a).
57	57	(c) If a proposed change to a regulation or boundary is
58	58	protested in accordance with this subsection, the proposed change
59	59	must receive, in order to take effect, the affirmative vote of at
60	60	least 75 percent of all members of the commissioners court. The
61	61	protest must be written and signed by the owners of at least 20
62	62	percent of:
63	63	(1) the area of the lots or land covered by the
64	64	proposed change; or
65	65	(2) the area of the lots or land immediately adjoining
66	66	the area covered by the proposed change and extending 200 feet from
67	67	that area.
68	68	(d) In computing the percentage of land area under
69	69	Subsection (c), the area of streets and alleys shall be included.
70	70	Sec. 240.067. ENFORCEMENT; PENALTY; REMEDIES. (a) The
71	71	commissioners court of a county may adopt orders to enforce this
72	72	subchapter or any regulation adopted under this subchapter.
73	73	(b) A person commits an offense if the person violates this
74	74	subchapter or a regulation adopted under this subchapter. An
75	75	offense under this subsection is a misdemeanor, punishable by fine,
76	76	imprisonment, or both, as provided by the commissioners court. The
77	77	commissioners court may also provide civil penalties for a
78	78	violation.
79	79	(c) If a land use violates this subchapter or a regulation
80	80	adopted under this subchapter, the appropriate county authority, in
81	81	addition to other remedies, may institute appropriate action to:
82	82	(1) restrain, correct, or abate the violation; or
83	83	(2) prevent any illegal act, conduct, business, or use
84	84	on or about the premises.
85	85	Sec. 240.068. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a)
86	86	This subchapter does not authorize the commissioners court of a
87	87	county to require the removal or destruction of property that
88	88	exists at the time the commissioners court implements this
89	89	subchapter and that is actually and necessarily used in a public
90	90	service business.
91	91	(b) This subchapter does not authorize the commissioners
92	92	court to regulate restricted fireworks as defined by Section
93	93	352.051.
94	94	(c) This subchapter does not apply to land under the
95	95	control, administration, or jurisdiction of a state or federal
96	96	agency.
97	97	(d) This subchapter applies to privately owned land when
98	98	leased to a state agency.
99	99	Sec. 240.069. CONTINUATION OF LAND USE IN CERTAIN AREAS.
100	100	(a) A county may not prohibit a person from:
101	101	(1) continuing to use land in the manner in which the
102	102	land was being used on January 1, 2010, if the land use was legal at
103	103	that time; or
104	104	(2) beginning to use land in the manner that was
105	105	planned for the land before September 1, 2009, if:
106	106	(A) one or more licenses, certificates, permits,
107	107	approvals, or other forms of authorization by a governmental entity
108	108	were required by law for the planned land use; and
109	109	(B) a completed application for the initial
110	110	authorization was filed with the governmental entity before
111	111	September 1, 2009.
112	112	(b) For purposes of this section, a completed application is
113	113	filed if the application includes all documents and other
114	114	information designated as required by the governmental entity in a
115	115	written notice to the applicant.
116	116	(c) This section does not prohibit a county from imposing a
117	117	regulation relating to noise levels that does not prevent a person
118	118	from continuing to use property for residential purposes.
119	119	(d) An order or regulation in conflict with this section is
120	120	void.
121	121	SECTION 2. This Act takes effect September 1, 2009.