By: Walle H.B. No. 295       A BILL TO BE ENTITLED   AN ACT   re   lating 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 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.  EXEMPTIONS.  A sound is exempt from   regulation under this subchapter if it is a sound produced by the   operations or facilities of:                (1)  a chemical manufacturing facility;                (2)  an electric utility as defined by Section 31.002,   Utilities Code; or                (3)  a gas utility as defined by Section 101.003 or   121.001, Utilities Code.          Sec. 240.064.  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. 240.065.  METHOD OF SOUND MEASUREMENT.  The   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 September 1, 2017.