| 1 | 1 | | 81R14698 PAM-D |
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| 2 | 2 | | By: Brown of Kaufman H.B. No. 362 |
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| 3 | 3 | | Substitute the following for H.B. No. 362: |
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| 4 | 4 | | By: Davis of Harris C.S.H.B. No. 362 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority of certain counties to enact noise |
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| 10 | 10 | | regulations; providing a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 240, Local Government Code, is amended |
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| 13 | 13 | | by adding Subchapter F to read as follows: |
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| 14 | 14 | | SUBCHAPTER F. REGULATION OF NOISE AND SOUND LEVELS |
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| 15 | 15 | | Sec. 240.101. DEFINITIONS. In this subchapter: |
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| 16 | 16 | | (1) "Major metropolitan county" means a county in |
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| 17 | 17 | | which three or more municipalities, each with a population of more |
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| 18 | 18 | | than 175,000, are predominantly located. |
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| 19 | 19 | | (2) "Nonurban county" means a county that has a |
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| 20 | 20 | | population of less than 100,000 and that had a percentage change in |
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| 21 | 21 | | its population growth, according to the most recent federal |
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| 22 | 22 | | decennial census, of less than 50 percent. |
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| 23 | 23 | | Sec. 240.102. APPLICABILITY OF SUBCHAPTER. This subchapter |
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| 24 | 24 | | applies only to a nonurban county located adjacent to a major |
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| 25 | 25 | | metropolitan county. |
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| 26 | 26 | | Sec. 240.103. AUTHORITY TO REGULATE. (a) The |
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| 27 | 27 | | commissioners court of the county by order may prohibit the |
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| 28 | 28 | | production of sound from a loudspeaker or sound amplifier: |
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| 29 | 29 | | (1) the level of which exceeds 85 decibels at a |
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| 30 | 30 | | distance of 50 feet from the property line of the property on which |
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| 31 | 31 | | the loudspeaker or sound amplifier is operated; and |
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| 32 | 32 | | (2) that disturbs a person of ordinary sensibilities |
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| 33 | 33 | | in the immediate vicinity of the loudspeaker or sound amplifier. |
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| 34 | 34 | | (b) A regulation adopted under this subchapter applies only |
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| 35 | 35 | | to the unincorporated area of the county. |
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| 36 | 36 | | (c) This subchapter does not authorize the commissioners |
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| 37 | 37 | | court to regulate restricted fireworks as defined by Section |
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| 38 | 38 | | 352.051. |
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| 39 | 39 | | Sec. 240.104. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
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| 40 | 40 | | The commissioners court by order may authorize the holding of |
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| 41 | 41 | | events at which loudspeakers or sound amplifiers that produce |
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| 42 | 42 | | sounds exceeding the levels specified by Section 240.103 will be |
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| 43 | 43 | | used, if the person holding an event obtains a permit from the |
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| 44 | 44 | | county for the event. |
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| 45 | 45 | | (b) A person must apply for the permit in accordance with |
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| 46 | 46 | | regulations adopted by the county. |
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| 47 | 47 | | (c) The regulations adopted under this section may provide |
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| 48 | 48 | | for the denial, suspension, or revocation of a permit by the county. |
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| 49 | 49 | | (d) A district court has jurisdiction of a suit that arises |
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| 50 | 50 | | from the denial, suspension, or revocation of a permit by the |
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| 51 | 51 | | county. |
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| 52 | 52 | | (e) A county may impose fees on an applicant for a permit |
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| 53 | 53 | | under this section. The fees must be based on the administrative |
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| 54 | 54 | | costs of issuing the permit. A county that imposes a permit fee |
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| 55 | 55 | | shall establish procedures to reduce the fee amount if the |
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| 56 | 56 | | applicant is unable to pay the full permit fee. |
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| 57 | 57 | | Sec. 240.105. MUNICIPAL ORDINANCE PREVAILS OVER COUNTY |
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| 58 | 58 | | ORDER. If an order adopted by a county under this subchapter |
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| 59 | 59 | | conflicts with an ordinance of a municipality, the municipal |
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| 60 | 60 | | ordinance prevails within the municipality's jurisdiction to the |
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| 61 | 61 | | extent of the conflict. |
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| 62 | 62 | | Sec. 240.106. INJUNCTION. A county may sue in the district |
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| 63 | 63 | | court for an injunction to prohibit the violation or threatened |
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| 64 | 64 | | violation of a prohibition or other regulation adopted under this |
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| 65 | 65 | | subchapter. |
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| 66 | 66 | | Sec. 240.107. CRIMINAL PENALTY. (a) A person commits an |
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| 67 | 67 | | offense if the person violates a prohibition or other regulation |
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| 68 | 68 | | adopted under this subchapter. |
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| 69 | 69 | | (b) Each hour that a violation of a prohibition or other |
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| 70 | 70 | | regulation adopted under this subchapter continues constitutes a |
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| 71 | 71 | | separate offense. |
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| 72 | 72 | | (c) An offense under this section is a Class C misdemeanor. |
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| 73 | 73 | | SECTION 2. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2009. |
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