Texas 2021 87th Regular

Texas House Bill HB774 Analysis / Analysis

Filed 04/16/2021

                    BILL ANALYSIS             H.B. 774     By: Walle     County Affairs     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Noise levels in residential areas of Texas continue to cause a threat to public health, safety, and welfare. Many counties across the state do not have the authority to regulate noise in their unincorporated areas. While legislation attempting to solve this problem has been presented in recent years, it has failed to become law. Despite these unsuccessful efforts, there have been repeated calls from Harris County to expand noise regulation and enforcement to areas outside of county jurisdictions. H.B. 774 seeks to address this issue by authorizing Harris County to regulate the level of noise emanating from residential areas in the unincorporated area of the county.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 774 amends the Local Government Code to authorize the commissioners court of a county with a population of more than 3.3 million, for purposes of promoting public health, safety, and welfare, by order to regulate the level of noise emanating from a residence located in a residential area in the unincorporated area of the county. The bill creates a Class C misdemeanor offense for a person who violates such an order.       EFFECTIVE DATE    September 1, 2021.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 774
By: Walle
County Affairs
Committee Report (Unamended)

H.B. 774

By: Walle

County Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Noise levels in residential areas of Texas continue to cause a threat to public health, safety, and welfare. Many counties across the state do not have the authority to regulate noise in their unincorporated areas. While legislation attempting to solve this problem has been presented in recent years, it has failed to become law. Despite these unsuccessful efforts, there have been repeated calls from Harris County to expand noise regulation and enforcement to areas outside of county jurisdictions. H.B. 774 seeks to address this issue by authorizing Harris County to regulate the level of noise emanating from residential areas in the unincorporated area of the county.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 774 amends the Local Government Code to authorize the commissioners court of a county with a population of more than 3.3 million, for purposes of promoting public health, safety, and welfare, by order to regulate the level of noise emanating from a residence located in a residential area in the unincorporated area of the county. The bill creates a Class C misdemeanor offense for a person who violates such an order.
EFFECTIVE DATE    September 1, 2021.

BACKGROUND AND PURPOSE 

 

Noise levels in residential areas of Texas continue to cause a threat to public health, safety, and welfare. Many counties across the state do not have the authority to regulate noise in their unincorporated areas. While legislation attempting to solve this problem has been presented in recent years, it has failed to become law. Despite these unsuccessful efforts, there have been repeated calls from Harris County to expand noise regulation and enforcement to areas outside of county jurisdictions. H.B. 774 seeks to address this issue by authorizing Harris County to regulate the level of noise emanating from residential areas in the unincorporated area of the county.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 774 amends the Local Government Code to authorize the commissioners court of a county with a population of more than 3.3 million, for purposes of promoting public health, safety, and welfare, by order to regulate the level of noise emanating from a residence located in a residential area in the unincorporated area of the county. The bill creates a Class C misdemeanor offense for a person who violates such an order.

 

EFFECTIVE DATE 

 

September 1, 2021.