HBA-TBM H.B. 665 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 665
By: Bailey
County Affairs
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Noise in some residential areas is a growing problem.  Currently, the City
of Houston has a comprehensive noise ordinance, while the remainder of
Harris County, a large portion of which is residential districts, does not.
House bill 665 authorizes the commissioners court of Harris County to
regulate sound levels in the unincorporated portions of the county.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 665 amends the Local Government Code to authorize the
commissioners court of a county with a population of more than 2.8 million
to regulate sound levels in the unincorporated area of the county.  The
bill delineates the permissible regulations of sound levels and exemptions
to noise regulations.  The bill authorizes the commissioners court of the
county to require a permit to use a device that exceeds the specified noise
levels.  The bill provides guidelines for the issuance of permits and the
collection of fees in conjunction with those permits.  The bill authorizes
a county to sue in the district court for an injunction to prohibit the
violation or threatened violation of a noise regulation and provides that a
violation of a noise regulation is a Class C misdemeanor and a subsequent
offense is a Class B misdemeanor.     

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.