Sec. 437.029. SOUND REGULATIONS. (a) Notwithstanding any other law, the department, a county, a municipality, or a public health district, including an authorized agent, employee, or department, may not require a food service establishment to obtain a sound regulation permit, charge a sound regulation fee to an establishment, or otherwise prohibit sound-related activity at an establishment if the establishment: (1) accepts delivery of supplies or other items, provided that if the delivery occurs between 10 p.m. and 5 a.m., then: (A) the delivery lasts for one hour or less; (B) the delivery is only for food, nonalcoholic beverages, food service supplies, or ice; and (C) the delivery sound level when measured from the residential property closest in proximity to the establishment does not exceed 65 dBA, excluding traffic and other background noise that can be reasonably excluded; or (2) is a restaurant, as defined by Section 1.04 , Alcoholic Beverage Code, that limits the use of amplified sound for playing music or amplifying human speech within the establishment's indoor or outside property boundaries to ensure: (A) the amplified sound is not used after 10 p.m. on Sunday through Thursday and 11 p.m. on Friday and Saturday; and (B) the amplified sound level does not exceed 70 dBA or 75 dBC when measured at the establishment's property perimeter, excluding traffic and other background noise that can be reasonably excluded. (b) Subsection (a)(2) does not apply to a food service establishment on property that is located within 300 feet of a residence that was occupied before any food service establishment was located on the property. (c) This section does not restrict the authority of a municipality or county to enforce the limitations described by Subsection (a) or an ordinance or order the municipality or county adopts, to the extent the ordinance or order does not conflict with that subsection.
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