HB3310 - Relating to the authority of certain counties to adopt noise regulations; creating a criminal offense; authorizing fees.

  89R14430 JBD-D     By: McLaughlin H.B. No. 3310       A BILL TO BE ENTITLED   AN ACT   relating to the authority of certain counties to adopt noise   regulations; 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 that:                 (1)  has a population of less than 50,000; and                 (2)  is adjacent to:                       (A)     a county with a population of more than two   million; and                       (B)     a county with a population of less than   1,000.           Sec.   240.062.     AUTHORITY TO REGULATE. (a) The commissioners   court of a county by order may prohibit the production of sound from   a loudspeaker or sound amplifier that the commissioners court   determines is a nuisance.   The commissioners court may determine   what level of sound to prohibit, but the prohibition may not apply   to sound less than 70 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 may only   apply:                 (1)  in the unincorporated area of the county; and                 (2)  during the following periods of time:                       (A)     on Sunday, Monday, Tuesday, Wednesday, and   Thursday from 10 p.m. to the following morning at 6 a.m.; and                       (B)     on Friday and Saturday from 11:59 p.m. to the   following morning at 8 a.m.           Sec.   240.063.     EXEMPTIONS. A sound is exempt from   regulation under this subchapter if it is a sound produced by:                 (1)     an authorized emergency vehicle as defined by   Section 541.201, Transportation Code;                 (2)  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                 (3)  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;                       (B)     the transporting, refining, processing, or   other handling of oil, gas, or geothermal resources;                       (C)     the production, processing, or sale of   agricultural or animal products;                       (D)     a school-sponsored or organized youth   athletic contest;                       (E)     a county-sponsored parade or firework show;   or                       (F)  a place of worship.           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 prohibited by the commissioners   court under Section 240.062 will be used, if the person holding an   event obtains a permit from the county for the event.           (b)     An order adopted under this section must provide for the   denial, suspension, or revocation of a permit by the county.           (c)     A district court has jurisdiction of a suit that arises   from the denial, suspension, or revocation of a permit by the   county.           (d)     A county may impose a fee on an applicant for a permit   under this section. The fee 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.   If the   commissioners court of a county prohibits the production of sound   from a loudspeaker or sound amplifier under Section 240.062, then   the commissioners court of that 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 an order or rule 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, 2025.