81R4019 PAM-D
By: Uresti S.B. No. 2345
A BILL TO BE ENTITLED
AN ACT
relating to county regulation of sound levels; providing a criminal
penalty.
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 SOUND LEVELS
Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county that has a population of more than one
million and in which more than 80 percent of the population lives in
a single municipality.
Sec. 240.062. REGULATORY AUTHORITY. (a) The commissioners
court of a county by order shall regulate sound levels as prescribed
by this subchapter to promote the public health, safety, or
welfare.
(b) A regulation adopted under this subchapter applies only
to the unincorporated area of the county.
Sec. 240.063. REGULATIONS. (a) The regulations adopted
under this subchapter must prohibit sound levels that:
(1) exceed 85 decibels at 10 p.m. or after and before 6
a.m.; and
(2) continue for 24 hours or more.
(b) Sound regulated under this subchapter is measured by the
actual decibel level emitted and not by an average noise level based
on a one-hour or 24-hour period.
(c) A regulation adopted under this subchapter may require
that a business or enterprise in existence before the effective
date of the regulation and located within 5,000 feet of an existing
residence, school, hospital, or nursing home take any measure
necessary to comply with the regulation within a period determined
by the county, not to exceed two years.
(d) The authority to regulate sound levels provided by this
subchapter is in addition to any regulatory authority granted by
other law.
Sec. 240.064. EXEMPTIONS. A sound is exempt from
regulation under this subchapter if it is a sound produced:
(1) for the purpose of alerting persons to the
existence of an emergency, danger, or attempted crime;
(2) by an emergency vehicle;
(3) by emergency work necessary to restore public
utilities, to restore property to a safe condition, or to protect
persons or property from imminent danger;
(4) by aircraft in operation at an airport or in
flight, or railroad equipment in operation on railroad
rights-of-way; or
(5) by the operations of an electric utility or a power
generation company as defined by Section 31.002, Utilities Code, or
a gas utility as defined by Section 101.003 or 121.001, Utilities
Code.
Sec. 240.065. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a)
The commissioners court of a county by order may authorize the
holding of events that produce sounds exceeding the levels
specified by Section 240.063 if the person holding an event obtains
a permit from the county for the event.
(b) A person must apply for the permit in accordance with
regulations adopted by the county.
(c) The regulations adopted under this section may provide
for the denial, suspension, or revocation of a permit by the county.
(d) A district court has jurisdiction of a suit that arises
from the denial, suspension, or revocation of a permit by the
county.
(e) A county may impose fees on an applicant for a permit
under this section. The fees must be based on the administrative
costs of issuing the permit. A county that imposes a permit fee
shall establish procedures to reduce the fee amount if the
applicant is unable to pay the full permit fee.
Sec. 240.066. INJUNCTION. The county may sue in the
district court for an injunction to prohibit the violation or
threatened violation of a regulation adopted under this subchapter.
Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates a regulation adopted under this
subchapter.
(b) Each hour that a violation of a regulation adopted under
this subchapter continues constitutes a separate offense.
(c) An offense under this section is a Class C misdemeanor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.