Bill Text: TX SB337 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the authority of certain counties to enact noise regulations; providing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-02 - Referred to Intergovernmental Relations [SB337 Detail]
Download: Texas-2011-SB337-Introduced.html
| 82R2158 ATP-D | ||
| By: Gallegos | S.B. No. 337 | |
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| relating to the authority of certain counties to enact noise | ||
| regulations; 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 a county by order may regulate as permitted | ||
| by this subchapter sound levels to promote the public health, | ||
| safety, or welfare. | ||
| (b) A regulation adopted under this subchapter applies only | ||
| to the unincorporated area of the county. | ||
| Sec. 240.063. PERMISSIBLE REGULATIONS. (a) The regulations | ||
| may prohibit any act that produces a sound that a reasonable person | ||
| would find objectionable. | ||
| (b) In determining whether a sound is objectionable to a | ||
| reasonable person, the following factors may be considered: | ||
| (1) the time of day the sound is produced; | ||
| (2) the proximity of the production of the sound to | ||
| residential property; | ||
| (3) whether the sound is recurrent, intermittent, or | ||
| constant; | ||
| (4) the volume and intensity of the sound; | ||
| (5) whether the sound has been enhanced in volume or | ||
| range by electronic or mechanical means; and | ||
| (6) whether the sound may be controlled without | ||
| unreasonable effort or expense to the producer of the sound. | ||
| Sec. 240.064. EXEMPTIONS. The commissioners court of a | ||
| county by order may establish an exemption to a regulation adopted | ||
| under this subchapter if the court determines that the public | ||
| interest justifies the exemption. | ||
| Sec. 240.065. INJUNCTION. A county may sue in the district | ||
| court for an injunction to prohibit the violation or threatened | ||
| violation of a regulation adopted under this subchapter. | ||
| Sec. 240.066. CRIMINAL PENALTY. (a) A person commits an | ||
| offense if the person violates a regulation adopted under this | ||
| subchapter. | ||
| (b) Each hour that a violation of a regulation adopted under | ||
| this subchapter continues constitutes a separate offense. | ||
| (c) 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, 2011. | ||
