McLaughlin Noise Bill Needs Neighbors Over 2M And Under 1,000

The text as introduced · 781 words

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.