| 1 | 1 | | 81R4019 PAM-D |
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| 2 | 2 | | By: Uresti S.B. No. 2345 |
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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 county regulation of sound levels; providing a criminal |
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| 8 | 8 | | 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 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 that has a population of more than one |
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| 15 | 15 | | million and in which more than 80 percent of the population lives in |
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| 16 | 16 | | a single municipality. |
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| 17 | 17 | | Sec. 240.062. REGULATORY AUTHORITY. (a) The commissioners |
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| 18 | 18 | | court of a county by order shall regulate sound levels as prescribed |
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| 19 | 19 | | by this subchapter to promote the public health, safety, or |
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| 20 | 20 | | welfare. |
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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. REGULATIONS. (a) The regulations adopted |
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| 24 | 24 | | under this subchapter must prohibit sound levels that: |
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| 25 | 25 | | (1) exceed 85 decibels at 10 p.m. or after and before 6 |
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| 26 | 26 | | a.m.; and |
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| 27 | 27 | | (2) continue for 24 hours or more. |
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| 28 | 28 | | (b) Sound regulated under this subchapter is measured by the |
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| 29 | 29 | | actual decibel level emitted and not by an average noise level based |
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| 30 | 30 | | on a one-hour or 24-hour period. |
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| 31 | 31 | | (c) A regulation adopted under this subchapter may require |
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| 32 | 32 | | that a business or enterprise in existence before the effective |
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| 33 | 33 | | date of the regulation and located within 5,000 feet of an existing |
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| 34 | 34 | | residence, school, hospital, or nursing home take any measure |
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| 35 | 35 | | necessary to comply with the regulation within a period determined |
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| 36 | 36 | | by the county, not to exceed two years. |
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| 37 | 37 | | (d) The authority to regulate sound levels provided by this |
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| 38 | 38 | | subchapter is in addition to any regulatory authority granted by |
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| 39 | 39 | | other law. |
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| 40 | 40 | | Sec. 240.064. EXEMPTIONS. A sound is exempt from |
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| 41 | 41 | | regulation under this subchapter if it is a sound produced: |
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| 42 | 42 | | (1) for the purpose of alerting persons to the |
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| 43 | 43 | | existence of an emergency, danger, or attempted crime; |
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| 44 | 44 | | (2) by an emergency vehicle; |
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| 45 | 45 | | (3) by emergency work necessary to restore public |
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| 46 | 46 | | utilities, to restore property to a safe condition, or to protect |
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| 47 | 47 | | persons or property from imminent danger; |
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| 48 | 48 | | (4) by aircraft in operation at an airport or in |
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| 49 | 49 | | flight, or railroad equipment in operation on railroad |
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| 50 | 50 | | rights-of-way; or |
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| 51 | 51 | | (5) by the operations of an electric utility or a power |
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| 52 | 52 | | generation company as defined by Section 31.002, Utilities Code, or |
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| 53 | 53 | | a gas utility as defined by Section 101.003 or 121.001, Utilities |
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| 54 | 54 | | Code. |
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| 55 | 55 | | Sec. 240.065. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
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| 56 | 56 | | The commissioners court of a county by order may authorize the |
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| 57 | 57 | | holding of events that produce sounds exceeding the levels |
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| 58 | 58 | | specified by Section 240.063 if the person holding an event obtains |
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| 59 | 59 | | a permit from the county for the event. |
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| 60 | 60 | | (b) A person must apply for the permit in accordance with |
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| 61 | 61 | | regulations adopted by the county. |
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| 62 | 62 | | (c) The regulations adopted under this section may provide |
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| 63 | 63 | | for the denial, suspension, or revocation of a permit by the county. |
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| 64 | 64 | | (d) A district court has jurisdiction of a suit that arises |
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| 65 | 65 | | from the denial, suspension, or revocation of a permit by the |
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| 66 | 66 | | county. |
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| 67 | 67 | | (e) A county may impose fees on an applicant for a permit |
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| 68 | 68 | | under this section. The fees must be based on the administrative |
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| 69 | 69 | | costs of issuing the permit. A county that imposes a permit fee |
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| 70 | 70 | | shall establish procedures to reduce the fee amount if the |
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| 71 | 71 | | applicant is unable to pay the full permit fee. |
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| 72 | 72 | | Sec. 240.066. INJUNCTION. The county may sue in the |
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| 73 | 73 | | district court for an injunction to prohibit the violation or |
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| 74 | 74 | | threatened violation of a regulation adopted under this subchapter. |
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| 75 | 75 | | Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an |
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| 76 | 76 | | offense if the person violates a regulation adopted under this |
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| 77 | 77 | | subchapter. |
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| 78 | 78 | | (b) Each hour that a violation of a regulation adopted under |
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| 79 | 79 | | this subchapter continues constitutes a separate offense. |
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| 80 | 80 | | (c) An offense under this section is a Class C misdemeanor. |
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| 81 | 81 | | SECTION 2. This Act takes effect immediately if it receives |
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| 82 | 82 | | a vote of two-thirds of all the members elected to each house, as |
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| 83 | 83 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 84 | 84 | | Act does not receive the vote necessary for immediate effect, this |
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| 85 | 85 | | Act takes effect September 1, 2009. |
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