89R14078 CS-D
By: Johnson S.B. No. 2011
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of noise regulations by certain counties;
providing a criminal penalty; authorizing a fee.
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 AND SOUND LEVELS
Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county with a population of more than 2.6 million.
Sec. 240.062. AUTHORITY TO REGULATE. The commissioners
court of a county by order shall prohibit the production of sound
from a loudspeaker or sound amplifier in the unincorporated area of
the county that exceeds a reasonable level as specified in the
order.
Sec. 240.063. EXEMPTIONS. A sound is exempt from
regulation under this subchapter if it is a sound produced by the
operations or facilities of:
(1) an electric utility as defined by Section 31.002,
Utilities Code; or
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code.
Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a)
A commissioners court by order may authorize the holding of events
at which loudspeakers or sound amplifiers that produce sounds
exceeding the levels specified in the order adopted under Section
240.062 will be used, if the person holding an event obtains a
permit from the county for the event.
(b) In determining whether to grant a permit under this
section, a commissioners court shall consider whether the sound is
recurrent, intermittent, or constant.
(c) The regulations adopted under this subchapter may
provide for the denial, suspension, or revocation of a permit by the
county.
(d) A district court has jurisdiction of a suit that arises
from the denial, suspension, or revocation of a permit by the
county.
(e) A county may impose fees on an applicant for a permit
under this section. The fees must be based on the administrative
costs of issuing the permit. A county that imposes a permit fee
shall establish procedures to reduce the fee amount if the
applicant is unable to pay the full permit fee.
Sec. 240.065. METHOD OF SOUND MEASUREMENT. A commissioners
court by rule shall adopt a procedure to measure noise and sound
levels under this subchapter.
Sec. 240.066. INJUNCTION. A county may sue in the district
court for an injunction to prohibit the violation or threatened
violation of a prohibition or other regulation adopted under this
subchapter.
Sec. 240.067. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates a prohibition or other regulation
adopted under this subchapter.
(b) An offense under this section is a Class C misdemeanor.
If it is shown on the trial of an offense under this section that the
person has previously been convicted of an offense under this
section, the offense is a Class B misdemeanor.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.