82R382 EAH-F
 
  By: Walle H.B. No. 190
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of noise regulations by certain counties;
  providing a criminal penalty.
         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 3.3 million.
         Sec. 240.062.  AUTHORITY TO REGULATE. (a) The
  commissioners court of the 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.  PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a)
  The commissioners court 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. 240.064.  METHOD OF SOUND MEASUREMENT. The
  commissioners court by rule shall adopt a procedure to measure
  noise and sound levels under this subchapter.
         Sec. 240.065.  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. 240.066.  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, 2011.