84R3162 JRR-D
By: Burkett H.B. No. 790
A BILL TO BE ENTITLED
AN ACT
relating to noise abatement procedures on certain turnpikes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 366, Transportation Code,
is amended by adding Section 366.186 to read as follows:
Sec. 366.186. NOISE ABATEMENT PROCEDURES. (a) An
authority shall conduct a study and an analysis of traffic noise in
a neighborhood on receipt of a petition requesting the study. The
petition must:
(1) state the segment of a turnpike project that is at
least 1,000 feet in length for which the study is sought; and
(2) be signed by at least 70 percent of the property
owners who reside within 1,000 feet of the segment.
(b) Not later than six months after receiving a petition
under Subsection (a), an authority shall publish the results of a
study conducted under that subsection.
(c) An authority shall erect a sound barrier wall adjacent
to a neighborhood if a study conducted under Subsection (a) finds:
(1) an exterior noise decibel level of 60 dBA Leq or
more on land used for a picnic area, a recreation area, a
playground, an active sports area, a park, a residence, a motel, a
hotel, a school, a church, a library, or a hospital; or
(2) an interior noise decibel level of 45 dBA Leq or
more on land used for a residence, a motel, a hotel, a school, a
church, a library, or a hospital.
(d) An authority required to erect a sound barrier under
Subsection (c) shall begin construction not later than the 30th day
after the date the authority publishes the results of the study.
(e) A sound barrier erected under Subsection (c) must be
located immediately adjacent to the turnpike project and must have
a height of not less than 10 feet.
(f) In addition to a study required under Subsection (a),
after normal traffic patterns have been established for a turnpike
project, but not later than one year after completion of
construction of the turnpike, an authority shall conduct a study
and an analysis of traffic noise on the turnpike to determine if the
level of traffic noise meets the applicable level of traffic noise
recommended in the Highway Traffic Noise: Analysis and Abatement
Guidance issued by the United States Department of Transportation
Federal Highway Administration.
(g) An authority shall set aside five percent of each toll
collected to be used for the purpose of addressing traffic noise on
a turnpike project.
SECTION 2. Section 366.186(f), Transportation Code, as
added by this Act, applies only to a turnpike project that is
completed on or after the effective date of this Act. A turnpike
project that is completed before the effective date of this Act is
governed by the law in effect on the date of completion, and that
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.