81R5665 ATP-D
By: Bolton H.B. No. 1507
A BILL TO BE ENTITLED
AN ACT
relating to authorizing certain populous counties to adopt noise
regulations; providing criminal and civil penalties.
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 BY CERTAIN POPULOUS COUNTIES
Sec. 240.061. PURPOSE. The powers granted under this
subchapter are for the purpose of promoting the public health,
safety, morals, or general welfare.
Sec. 240.062. APPLICABILITY. This subchapter applies only
to a county with a population of more than 800,000.
Sec. 240.063. COUNTY NOISE REGULATIONS GENERALLY. In the
unincorporated area of a county, the commissioners court of the
county may adopt regulations to regulate noise levels.
Sec. 240.064. COMPLIANCE WITH COMPREHENSIVE PLAN.
Regulations under this subchapter must be adopted in accordance
with a comprehensive plan and must be designed to promote the
maintenance of noise levels that are compatible with the land use of
an area or promote, to the greatest degree, the purpose of this
subchapter.
Sec. 240.065. DISTRICTS. (a) The commissioners court of a
county may divide the unincorporated area of the county into
districts of a number, shape, and size the commissioners court
considers best for carrying out this subchapter.
(b) Regulations must be uniform for each class or kind of
land use in a district, but the regulations may vary from district
to district. The regulations shall be adopted with reasonable
consideration, among other factors, for the character of each
district and its peculiar suitability for particular uses, with a
view of conserving the value of buildings and encouraging the most
appropriate use of land in the county.
Sec. 240.066. PROCEDURES GOVERNING ADOPTION OF COUNTY NOISE
REGULATIONS AND DISTRICT BOUNDARIES. (a) The commissioners court
of a county wishing to exercise the authority relating to
regulations and district boundaries under this subchapter shall
establish procedures for adopting and enforcing the regulations and
boundaries. A regulation or boundary is not effective until after a
public hearing on the matter at which parties in interest and
citizens have an opportunity to be heard. Before the 15th day
before the date of the hearing, notice of the time and place of the
hearing must be published in an official newspaper or a newspaper of
general circulation in the county.
(b) If the commissioners court of a county conducts a
hearing under Subsection (a), the commissioners court may, by a
majority vote, prescribe the type of notice to be given of the time
and place of the public hearing. Notice requirements prescribed
under this subsection are in addition to the publication of notice
required by Subsection (a).
(c) If a proposed change to a regulation or boundary is
protested in accordance with this subsection, the proposed change
must receive, in order to take effect, the affirmative vote of at
least 75 percent of all members of the commissioners court. The
protest must be written and signed by the owners of at least 20
percent of:
(1) the area of the lots or land covered by the
proposed change; or
(2) the area of the lots or land immediately adjoining
the area covered by the proposed change and extending 200 feet from
that area.
(d) In computing the percentage of land area under
Subsection (c), the area of streets and alleys shall be included.
Sec. 240.067. ENFORCEMENT; PENALTY; REMEDIES. (a) The
commissioners court of a county may adopt orders to enforce this
subchapter or any regulation adopted under this subchapter.
(b) A person commits an offense if the person violates this
subchapter or a regulation adopted under this subchapter. An
offense under this subsection is a misdemeanor, punishable by fine,
imprisonment, or both, as provided by the commissioners court. The
commissioners court may also provide civil penalties for a
violation.
(c) If a land use violates this subchapter or a regulation
adopted under this subchapter, the appropriate county authority, in
addition to other remedies, may institute appropriate action to:
(1) restrain, correct, or abate the violation; or
(2) prevent any illegal act, conduct, business, or use
on or about the premises.
Sec. 240.068. CONFLICT WITH OTHER LAWS; EXCEPTIONS. (a)
This subchapter does not authorize the commissioners court of a
county to require the removal or destruction of property that
exists at the time the commissioners court implements this
subchapter and that is actually and necessarily used in a public
service business.
(b) This subchapter does not apply to land under the
control, administration, or jurisdiction of a state or federal
agency.
(c) This subchapter applies to privately owned land when
leased to a state agency.
Sec. 240.069. CONTINUATION OF LAND USE IN CERTAIN AREAS.
(a) A county may not prohibit a person from:
(1) continuing to use land in the manner in which the
land was being used on January 1, 2010, if the land use was legal at
that time; or
(2) beginning to use land in the manner that was
planned for the land before September 1, 2009, if:
(A) one or more licenses, certificates, permits,
approvals, or other forms of authorization by a governmental entity
were required by law for the planned land use; and
(B) a completed application for the initial
authorization was filed with the governmental entity before
September 1, 2009.
(b) For purposes of this section, a completed application is
filed if the application includes all documents and other
information designated as required by the governmental entity in a
written notice to the applicant.
(c) This section does not prohibit a county from imposing a
regulation relating to noise levels that does not prevent a person
from continuing to use property for residential purposes.
(d) An order or regulation in conflict with this section is
void.
SECTION 2. This Act takes effect September 1, 2009.