Texas House Bill HB190

Texas 2011 - 82nd Regular

• Introduced: 11/8/10
• Refer: 2/11/11

Caption

Relating to the adoption of noise regulations by certain counties; providing a criminal penalty.

Impact

The introduction of HB 190 will primarily impact local governance, as it establishes a framework for counties to proactively manage noise levels through the enforcement of permit requirements for events with louder sound outputs. The bill allows counties to impose fees associated with the permit application process, ensuring that regulation remains tied to administrative costs. The criminal implications of the bill include Class C misdemeanor penalties for violations, elevating to Class B for repeat offenders, thus encouraging compliance with the noise regulations set forth by the county.

Summary

House Bill 190 proposes new regulations regarding noise levels within certain counties in Texas, specifically those with populations exceeding 3.3 million. The bill authorizes the commissioners court of these counties to implement rules to limit noise produced by loudspeakers or sound amplifiers, setting a threshold of 85 decibels at a distance of 50 feet from the source. This regulation aims to address complaints related to noise pollution, particularly in unincorporated areas where local governance might differ significantly from more urbanized settings.

Sentiment

Sentiment surrounding HB 190 may vary among stakeholders. Proponents of the bill argue that it empowers counties to better handle noise disturbances that affect quality of life, particularly in densely populated areas. Conversely, some critics might view the regulatory measures as excessive or overreaching, expressing concern over potential restrictions on community gatherings or public events, particularly those that might produce significant noise but are culturally significant.

Contention

Notable points of contention may arise from differing opinions on the threshold for acceptable noise levels and the implications of imposing civil penalties. As counties adopt varying regulations, disparities may occur in enforcement, leading to potential complaints about perceived inconsistencies. Additionally, the balance between maintaining public order and allowing freedom of expression through music and events is likely to generate debate, as communities assess the socio-cultural impacts of these proposed regulations.