By: Walle H.B. No. 4024
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to regulate excessive
noise levels affecting residential areas in unincorporated areas of
the county; authorizing the imposition of a civil fine.
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 NOISE LEVELS IN CERTAIN COUNTIES
Sec. 240.061. APPLICABILITY. This subchapter applies only
to a county with a population of 3.3 million or more.
Sec. 240.062. AUTHORITY TO REGULATE; CITATION AND FINE.
(a) The commissioners court by order may regulate noise levels
emanating from a residence that affect residential areas in
unincorporated areas of the county.
(b) The commissioners court may pass regulations that allow
a peace officer, when a formal or informal complaint about noise
levels emanating from a residential address has been made, to issue
a citation for noise disturbance emanating from the offending
residential address if the officer determines that noise levels
emanating from the address exceed noise levels allowed under county
regulations.
(c) The first citation for noise disturbance emanating from
a specific residential address must be a warning citation.
Subsequent citations for noise disturbance emanating from that
address may be punished by a civil fine not to exceed $500 per
occurrence.
The owner or lessee of the residence, as applicable, is
responsible for paying the civil fine.
(d) A citation other than a warning citation issued under
this section must state:
(1) the address of the residence cited;
(2) the violation charged;
(3) the date by which the civil fine must be paid; and
(4) the time and place the owner or lessee of the
residence, as applicable, is required to appear in court in order to
contest the citation.
SECTION 2. This Act takes effect September 1, 2017.