Texas House Bill HB760

Texas 2009 - 81st Regular

• Out of House Committee: 4/30/09

Caption

Relating to county regulation of sound levels; providing a criminal penalty.

Impact

The bill’s implications for state law are significant, as it creates a framework for counties to enforce noise regulations with specific standards and allows them to impose criminal penalties for violations. Offenses under the regulation can lead to Class C misdemeanor charges, thus providing a legal mechanism for enforcement. This new regulation is seen as a means to improve public standards surrounding noise and its management, thereby elevating local government's role in addressing noise pollution wherever it occurs.

Summary

House Bill 760 pertains to the regulation of sound levels within counties that have a population exceeding one million, particularly where more than 80 percent of the population resides in a single municipality. The bill grants the commissioners court of such counties the authority to regulate sound levels to promote public health, safety, or welfare, mainly focusing on unincorporated areas. By setting criteria for permissible sound levels—specifically prohibiting noise exceeding 85 decibels between 10 p.m. and 6 a.m.—the bill addresses community concerns regarding noise pollution and its potential impact on residents' quality of life.

Contention

Discussions surrounding HB 760 reveal points of contention, particularly regarding its enforcement mechanisms and the potential burdens it may impose on existing businesses and events. While supporters may argue that noise regulation is essential for public welfare, opponents might express concerns about the impact on local businesses, suggesting that permitting processes and fees required for events that may exceed noise levels could hinder economic activities. There could also be apprehensions about the challenge of measuring sound levels accurately and the fairness in enforcement of such regulations across different venues and communities.