Texas 2025 - 89th Regular

Texas House Bill HB3310 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14430 JBD-D
2	2	By: McLaughlin H.B. No. 3310
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of certain counties to adopt noise
10	10	regulations; creating a criminal offense; authorizing fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 240, Local Government Code, is amended
13	13	by adding Subchapter D to read as follows:
14	14	SUBCHAPTER D. REGULATION OF NOISE AND SOUND LEVELS IN CERTAIN
15	15	COUNTIES
16	16	Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter
17	17	applies only to a county that:
18	18	(1) has a population of less than 50,000; and
19	19	(2) is adjacent to:
20	20	(A) a county with a population of more than two
21	21	million; and
22	22	(B) a county with a population of less than
23	23	1,000.
24	24	Sec. 240.062. AUTHORITY TO REGULATE. (a) The commissioners
25	25	court of a county by order may prohibit the production of sound from
26	26	a loudspeaker or sound amplifier that the commissioners court
27	27	determines is a nuisance. The commissioners court may determine
28	28	what level of sound to prohibit, but the prohibition may not apply
29	29	to sound less than 70 decibels at a distance of 50 feet from the
30	30	property line of the property on which the loudspeaker or sound
31	31	amplifier is operated.
32	32	(b) A regulation adopted under this subchapter may only
33	33	apply:
34	34	(1) in the unincorporated area of the county; and
35	35	(2) during the following periods of time:
36	36	(A) on Sunday, Monday, Tuesday, Wednesday, and
37	37	Thursday from 10 p.m. to the following morning at 6 a.m.; and
38	38	(B) on Friday and Saturday from 11:59 p.m. to the
39	39	following morning at 8 a.m.
40	40	Sec. 240.063. EXEMPTIONS. A sound is exempt from
41	41	regulation under this subchapter if it is a sound produced by:
42	42	(1) an authorized emergency vehicle as defined by
43	43	Section 541.201, Transportation Code;
44	44	(2) the operations or facilities of:
45	45	(A) a chemical manufacturing facility;
46	46	(B) an electric utility as defined by Section
47	47	31.002, Utilities Code;
48	48	(C) a gas utility as defined by Section 101.003
49	49	or 121.001, Utilities Code;
50	50	(D) a telecommunications utility as defined by
51	51	Section 51.002, Utilities Code;
52	52	(E) a cable service provider as defined by
53	53	Section 66.002, Utilities Code;
54	54	(F) a video service provider as defined by
55	55	Section 66.002, Utilities Code; or
56	56	(G) an entity permitted for the management of
57	57	solid waste under Chapter 361, Health and Safety Code; or
58	58	(3) an activity associated with:
59	59	(A) the exploration, development, or production
60	60	of oil, gas, geothermal resources, or any other substance or
61	61	material regulated by the Railroad Commission of Texas under
62	62	Section 91.101, Natural Resources Code;
63	63	(B) the transporting, refining, processing, or
64	64	other handling of oil, gas, or geothermal resources;
65	65	(C) the production, processing, or sale of
66	66	agricultural or animal products;
67	67	(D) a school-sponsored or organized youth
68	68	athletic contest;
69	69	(E) a county-sponsored parade or firework show;
70	70	or
71	71	(F) a place of worship.
72	72	Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a)
73	73	The commissioners court of a county by order may authorize the
74	74	holding of events at which loudspeakers or sound amplifiers that
75	75	produce sounds exceeding the levels prohibited by the commissioners
76	76	court under Section 240.062 will be used, if the person holding an
77	77	event obtains a permit from the county for the event.
78	78	(b) An order adopted under this section must provide for the
79	79	denial, suspension, or revocation of a permit by the county.
80	80	(c) A district court has jurisdiction of a suit that arises
81	81	from the denial, suspension, or revocation of a permit by the
82	82	county.
83	83	(d) A county may impose a fee on an applicant for a permit
84	84	under this section. The fee must be based on the administrative
85	85	costs of issuing the permit. A county that imposes a permit fee
86	86	shall establish procedures to reduce the fee amount if the
87	87	applicant is unable to pay the full permit fee.
88	88	Sec. 240.065. METHOD OF SOUND MEASUREMENT. If the
89	89	commissioners court of a county prohibits the production of sound
90	90	from a loudspeaker or sound amplifier under Section 240.062, then
91	91	the commissioners court of that county by rule shall adopt a
92	92	procedure to measure noise and sound levels under this subchapter.
93	93	Sec. 240.066. INJUNCTION. A county may sue in a district
94	94	court for an injunction to prohibit the violation or threatened
95	95	violation of a prohibition or other regulation adopted under this
96	96	subchapter.
97	97	Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an
98	98	offense if the person violates an order or rule adopted under this
99	99	subchapter.
100	100	(b) An offense under this section is a Class C misdemeanor.
101	101	SECTION 2. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2025.