Bill Text: TX HB775 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the adoption of noise regulations by certain counties; creating a criminal offense; authorizing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Local Government [HB775 Detail]
Download: Texas-2021-HB775-Engrossed.html
| 87R19199 MP-F | ||
| By: Walle | H.B. No. 775 | |
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| relating to the adoption of noise regulations by certain counties; | ||
| creating a criminal offense; authorizing fees. | ||
| 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 IN CERTAIN | ||
| COUNTIES | ||
| Sec. 240.061. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| applies only to a county with a population of more than 3.3 million. | ||
| Sec. 240.062. AUTHORITY TO REGULATE. (a) The | ||
| commissioners court of a county by order shall prohibit the | ||
| production of sound from a loudspeaker or sound amplifier the level | ||
| of which exceeds 85 decibels at a distance of 50 feet from the | ||
| property line of the property on which the loudspeaker or sound | ||
| amplifier is operated. | ||
| (b) A regulation adopted under this subchapter applies only | ||
| to the unincorporated area of the county. | ||
| Sec. 240.063. EXEMPTIONS. A sound is exempt from | ||
| regulation under this subchapter if it is a sound produced by: | ||
| (1) the operations or facilities of: | ||
| (A) a chemical manufacturing facility; | ||
| (B) an electric utility as defined by Section | ||
| 31.002, Utilities Code; | ||
| (C) a gas utility as defined by Section 101.003 | ||
| or 121.001, Utilities Code; | ||
| (D) a telecommunications utility as defined by | ||
| Section 51.002, Utilities Code; | ||
| (E) a cable service provider as defined by | ||
| Section 66.002, Utilities Code; | ||
| (F) a video service provider as defined by | ||
| Section 66.002, Utilities Code; or | ||
| (G) an entity permitted for the management of | ||
| solid waste under Chapter 361, Health and Safety Code; or | ||
| (2) an activity associated with: | ||
| (A) the exploration, development, or production | ||
| of oil, gas, geothermal resources, or any other substance or | ||
| material regulated by the Railroad Commission of Texas under | ||
| Section 91.101, Natural Resources Code; or | ||
| (B) the transporting, refining, processing, or | ||
| other handling of oil, gas, or geothermal resources. | ||
| Sec. 240.064. PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a) | ||
| The commissioners court of a county by order may authorize the | ||
| holding of events at which loudspeakers or sound amplifiers that | ||
| produce sounds exceeding the levels specified by 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, the commissioners court shall consider whether the sound | ||
| is recurrent, intermittent, or constant. | ||
| (c) A person must apply for the permit in accordance with | ||
| regulations adopted by the county. | ||
| (d) The regulations adopted under this section may provide | ||
| for the denial, suspension, or revocation of a permit by the county. | ||
| (e) A district court has jurisdiction of a suit that arises | ||
| from the denial, suspension, or revocation of a permit by the | ||
| county. | ||
| (f) 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. The | ||
| commissioners court of a county by rule shall adopt a procedure to | ||
| measure noise and sound levels under this subchapter. | ||
| Sec. 240.066. INJUNCTION. A county may sue in a 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. | ||
| 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, 2021. | ||
