TX
Texas House Bill HB4024

Texas 2017 - 85th Regular

Texas House Bill HB4024 Compare Versions

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1-85R21569 JCG-F
21 By: Walle H.B. No. 4024
3- Substitute the following for H.B. No. 4024:
4- By: Thierry C.S.H.B. No. 4024
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the authority of certain counties to regulate noise
10- levels in residential areas; providing a criminal penalty.
6+ relating to the authority of certain counties to regulate excessive
7+ noise levels affecting residential areas in unincorporated areas of
8+ the county; authorizing the imposition of a civil fine.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Chapter 240, Local Government Code, is amended
1311 by adding Subchapter D to read as follows:
1412 SUBCHAPTER D. REGULATION OF NOISE LEVELS IN CERTAIN COUNTIES
15- Sec. 240.061. AUTHORITY TO REGULATE. To promote public
16- health, safety, and welfare, the commissioners court of a county
17- with a population of more than 3.3 million by order may regulate the
18- level of noise emanating from a residence located in a residential
19- area in the unincorporated area of the county.
20- Sec. 240.062. CRIMINAL PENALTY. (a) A person commits an
21- offense if the person violates a regulation adopted under this
22- subchapter.
23- (b) An offense under this section is a Class C misdemeanor.
13+ Sec. 240.061. APPLICABILITY. This subchapter applies only
14+ to a county with a population of 3.3 million or more.
15+ Sec. 240.062. AUTHORITY TO REGULATE; CITATION AND FINE.
16+ (a) The commissioners court by order may regulate noise levels
17+ emanating from a residence that affect residential areas in
18+ unincorporated areas of the county.
19+ (b) The commissioners court may pass regulations that allow
20+ a peace officer, when a formal or informal complaint about noise
21+ levels emanating from a residential address has been made, to issue
22+ a citation for noise disturbance emanating from the offending
23+ residential address if the officer determines that noise levels
24+ emanating from the address exceed noise levels allowed under county
25+ regulations.
26+ (c) The first citation for noise disturbance emanating from
27+ a specific residential address must be a warning citation.
28+ Subsequent citations for noise disturbance emanating from that
29+ address may be punished by a civil fine not to exceed $500 per
30+ occurrence.
31+ The owner or lessee of the residence, as applicable, is
32+ responsible for paying the civil fine.
33+ (d) A citation other than a warning citation issued under
34+ this section must state:
35+ (1) the address of the residence cited;
36+ (2) the violation charged;
37+ (3) the date by which the civil fine must be paid; and
38+ (4) the time and place the owner or lessee of the
39+ residence, as applicable, is required to appear in court in order to
40+ contest the citation.
2441 SECTION 2. This Act takes effect September 1, 2017.