| 1 | 1 | | 89R14078 CS-D |
|---|
| 2 | 2 | | By: Johnson S.B. No. 2011 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the adoption of noise regulations by certain counties; |
|---|
| 10 | 10 | | providing a criminal penalty; authorizing a fee. |
|---|
| 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 |
|---|
| 15 | 15 | | Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
|---|
| 16 | 16 | | applies only to a county with a population of more than 2.6 million. |
|---|
| 17 | 17 | | Sec. 240.062. AUTHORITY TO REGULATE. The commissioners |
|---|
| 18 | 18 | | court of a county by order shall prohibit the production of sound |
|---|
| 19 | 19 | | from a loudspeaker or sound amplifier in the unincorporated area of |
|---|
| 20 | 20 | | the county that exceeds a reasonable level as specified in the |
|---|
| 21 | 21 | | order. |
|---|
| 22 | 22 | | Sec. 240.063. EXEMPTIONS. A sound is exempt from |
|---|
| 23 | 23 | | regulation under this subchapter if it is a sound produced by the |
|---|
| 24 | 24 | | operations or facilities of: |
|---|
| 25 | 25 | | (1) an electric utility as defined by Section 31.002, |
|---|
| 26 | 26 | | Utilities Code; or |
|---|
| 27 | 27 | | (2) a gas utility as defined by Section 101.003 or |
|---|
| 28 | 28 | | 121.001, Utilities Code. |
|---|
| 29 | 29 | | Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) |
|---|
| 30 | 30 | | A commissioners court by order may authorize the holding of events |
|---|
| 31 | 31 | | at which loudspeakers or sound amplifiers that produce sounds |
|---|
| 32 | 32 | | exceeding the levels specified in the order adopted under Section |
|---|
| 33 | 33 | | 240.062 will be used, if the person holding an event obtains a |
|---|
| 34 | 34 | | permit from the county for the event. |
|---|
| 35 | 35 | | (b) In determining whether to grant a permit under this |
|---|
| 36 | 36 | | section, a commissioners court shall consider whether the sound is |
|---|
| 37 | 37 | | recurrent, intermittent, or constant. |
|---|
| 38 | 38 | | (c) The regulations adopted under this subchapter may |
|---|
| 39 | 39 | | provide for the denial, suspension, or revocation of a permit by the |
|---|
| 40 | 40 | | county. |
|---|
| 41 | 41 | | (d) A district court has jurisdiction of a suit that arises |
|---|
| 42 | 42 | | from the denial, suspension, or revocation of a permit by the |
|---|
| 43 | 43 | | county. |
|---|
| 44 | 44 | | (e) A county may impose fees on an applicant for a permit |
|---|
| 45 | 45 | | under this section. The fees must be based on the administrative |
|---|
| 46 | 46 | | costs of issuing the permit. A county that imposes a permit fee |
|---|
| 47 | 47 | | shall establish procedures to reduce the fee amount if the |
|---|
| 48 | 48 | | applicant is unable to pay the full permit fee. |
|---|
| 49 | 49 | | Sec. 240.065. METHOD OF SOUND MEASUREMENT. A commissioners |
|---|
| 50 | 50 | | court by rule shall adopt a procedure to measure noise and sound |
|---|
| 51 | 51 | | levels under this subchapter. |
|---|
| 52 | 52 | | Sec. 240.066. INJUNCTION. A county may sue in the district |
|---|
| 53 | 53 | | court for an injunction to prohibit the violation or threatened |
|---|
| 54 | 54 | | violation of a prohibition or other regulation adopted under this |
|---|
| 55 | 55 | | subchapter. |
|---|
| 56 | 56 | | Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an |
|---|
| 57 | 57 | | offense if the person violates a prohibition or other regulation |
|---|
| 58 | 58 | | adopted under this subchapter. |
|---|
| 59 | 59 | | (b) An offense under this section is a Class C misdemeanor. |
|---|
| 60 | 60 | | If it is shown on the trial of an offense under this section that the |
|---|
| 61 | 61 | | person has previously been convicted of an offense under this |
|---|
| 62 | 62 | | section, the offense is a Class B misdemeanor. |
|---|
| 63 | 63 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 67 | 67 | | Act takes effect September 1, 2025. |
|---|