SB2011 - Relating to the adoption of noise regulations by certain counties; providing a criminal penalty; authorizing a fee.

  89R14078 CS-D     By: Johnson S.B. No. 2011       A BILL TO BE ENTITLED   AN ACT   relating to the adoption of noise regulations by certain counties;   providing a criminal penalty; authorizing a fee.          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 2.6 million.           Sec.   240.062.     AUTHORITY TO REGULATE.   The commissioners   court of a county by order shall prohibit the production of sound   from a loudspeaker or sound amplifier in the unincorporated area of   the county that exceeds a reasonable level as specified in the   order.           Sec.   240.063.     EXEMPTIONS. A sound is exempt from   regulation under this subchapter if it is a sound produced by the   operations or facilities of:                 (1)     an electric utility as defined by Section 31.002,   Utilities Code; or                 (2)     a gas utility as defined by Section 101.003 or   121.001, Utilities Code.           Sec.   240.064.     PERMIT FOR CERTAIN EVENTS; PERMIT FEES. (a)   A commissioners court by order may authorize the holding of events   at which loudspeakers or sound amplifiers that produce sounds   exceeding the levels specified in the order adopted under 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, a commissioners court shall consider whether the sound is   recurrent, intermittent, or constant.           (c)     The regulations adopted under this subchapter may   provide for the denial, suspension, or revocation of a permit by the   county.           (d)     A district court has jurisdiction of a suit that arises   from the denial, suspension, or revocation of a permit by the   county.           (e)     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.   A commissioners   court by rule shall adopt a procedure to measure noise and sound   levels under this subchapter.           Sec.   240.066.     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.   240.067.     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.     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, 2025.