Texas Noise Ordinance Laws (2026): Quiet Hours, 85 dB Rule, Fines

Texas has a statewide noise crime, but most neighborhood noise rules are local. Under Texas Penal Code 42.01(a)(5), a person commits disorderly conduct if he intentionally or knowingly "makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy." It is a Class C misdemeanor, punishable by a fine of up to $500 (Penal Code 42.01(d), 12.23).

The statute's one decibel figure is a presumption, not a limit: noise above 85 decibels is presumed unreasonable only after the person making it receives notice from a magistrate or peace officer that the noise is a public nuisance (42.01(c)(2)). State law also sets quiet hours of 10 p.m. to 6 a.m. in Texas state parks and, since September 1, 2025, a sound safe harbor for restaurants (Health and Safety Code 437.029). Quiet hours and decibel limits for homes come from city ordinances, and a city's fine for most ordinance violations may not exceed $500 (Local Government Code 54.001). To compare other states, see our guide to noise ordinance laws by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state law: disorderly conduct by unreasonable noise (Penal Code 42.01) and the Class C misdemeanor fine (12.23); the speech and assembly order-to-disperse rule (42.04); city powers over noise and nuisances (Local Government Code 217.003, 217.042) and the city fine ceiling (54.001); the restaurant sound safe harbor (Health and Safety Code 437.029); vehicle mufflers and horns (Transportation Code 547.501, 547.604, 547.004, 542.401, 542.4031); sport shooting range protections (Local Government Code 229.001, 250.001; Civil Practice and Remedies Code 128.052); the agricultural nuisance bar (Agriculture Code 251.004); home-based business noise (Local Government Code 229.902); county public nuisance law (Health and Safety Code chapter 343); and state park quiet hours. It does not cover the text of any city's noise ordinance, county orders, lease terms, private lawsuits based on court-made nuisance law, aircraft or workplace noise, or the law of other states. Statute text is the version published on the Texas Constitution and Statutes site.

Texas noise laws at a glance

The amounts in the table are ranges and ceilings; the court sets the fine within them.

Is loud noise a crime in Texas?

It can be, under the disorderly conduct statute. The offense has three parts in Penal Code 42.01: the person must act "intentionally or knowingly" (42.01(a)); the noise must be "unreasonable"; and it must be made in a public place other than a sport shooting range, or in or near a private residence that the person has no right to occupy (42.01(a)(5)).

Location turns on where the noise has its effect. Section 42.01(c)(1) provides that "an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence."

Noise disorderly conduct is a Class C misdemeanor (42.01(d)). Under Penal Code 12.23, "An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500." The section provides a fine only, with no jail term.

The 85-decibel presumption applies only after notice

Section 42.01(c)(2) says that "a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance."

Both conditions must be met before the presumption applies: the noise exceeds 85 decibels, and the person making it has already received notice from a magistrate or peace officer that the noise is a public nuisance. Without that notice, the question is simply whether the noise was unreasonable.

The statute also excludes one source by name. Under 42.01(g), "Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute 'unreasonable noise' for purposes of this section."

Protests, speeches and gatherings

Penal Code 42.04 adds a step before an arrest when the noise is speech or a gathering. If conduct that would otherwise violate 42.01(a)(5) (unreasonable noise), 42.03 (obstructing a passageway), or 42.055 (funeral service disruptions) consists of speech or other communication, gathering with others to hear or observe it, or gathering with others to picket or otherwise express in a nonviolent manner a position on social, economic, political, or religious questions, "the actor must be ordered to move, disperse, or otherwise remedy the violation prior to his arrest if he has not yet intentionally harmed the interests of others which those sections seek to protect" (42.04(a)). "The order required by this section may be given by a peace officer, a fireman, a person with authority to control the use of the premises, or any person directly affected by the violation" (42.04(b)). It is a defense to prosecution "(1) that in circumstances in which this section requires an order no order was given; (2) that an order, if given, was manifestly unreasonable in scope; or (3) that an order, if given, was promptly obeyed" (42.04(c)).

The unreasonable-noise offense also does not apply to a person who was "a student younger than 12 years of age" when the conduct "occurred at a public school campus during regular school hours" (42.01(f)).

Funeral picketing. Penal Code 42.055 defines picketing to include "engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone" (42.055(a)(3)(B)). Picketing within 1,000 feet of a facility or cemetery being used for a funeral service, from three hours before the service begins until three hours after it is completed, is a Class B misdemeanor (42.055(b), (c)). Under Penal Code 12.22, a Class B misdemeanor is punishable by a fine of up to $2,000, up to 180 days in jail, or both.

Disrupting a meeting. Under Penal Code 42.05(a), as amended effective September 1, 2025, a person commits an offense "if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, whether in person or virtual, the person obstructs or interferes with the meeting, procession, or gathering by: (1) physical action; (2) verbal utterance; or (3) electronic disturbance ..." It is a Class B misdemeanor (42.05(b)).

Who sets quiet hours in Texas?

State law sets hours in two settings: Texas state parks (10 p.m. to 6 a.m., covered below) and restaurants that use the 2025 safe harbor (amplified sound off by 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday). For homes and neighborhoods, quiet hours and decibel limits are set by cities.

The Texas Commission on Environmental Quality points noise complaints to local officials. Its complaint page tells residents with "Issues with noise or light including blasting activities" to "Contact local police or city officials to see if local ordinances are in place." The Texas Clean Air Act (Health and Safety Code chapter 382) and Water Code chapter 7 contain no noise provisions.

City powers

Texas cities draw their noise power from the Local Government Code:

• General-law Type A cities: "The governing body may suppress or prevent any riot, affray, noise, disturbance, or disorderly assembly in any public or private place in the municipality" (217.003(b)).
• Home-rule cities: "Except as provided by Subsection (c), the municipality may define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the limits" (217.042(a)).

To find your city's quiet hours, decibel limits and complaint process, look up the noise or nuisance chapter of the city's code of ordinances on its website, or ask the city secretary or code enforcement office.

The $500 cap on city fines

Local Government Code 54.001(b) caps city ordinance penalties: "A fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed $500 except that: (1) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000." A noise ordinance violation is subject to the $500 ceiling unless the ordinance falls in one of the statute's higher tiers.

A city ordinance violation punishable by fine is handled as a criminal case. Government Code 29.003(a) gives the municipal court "exclusive original jurisdiction" within the city's limits "in all criminal cases that: (1) arise under: (A) the ordinances of the municipality" and are punishable by a fine within the same tiers ($500 for most ordinances).

Counties and unincorporated areas

The noise and nuisance grants quoted above are written for municipalities. Health and Safety Code chapter 343, which addresses public nuisances in "the unincorporated area of a county" (343.011(a)), lists conditions such as keeping, storing, or accumulating refuse on premises, and the chapter contains no provision on noise. Penal Code 42.01 applies throughout Texas, including outside city limits. The shooting range statute below also refers to "a municipal or county ordinance, order, or rule regulating noise," so ask your county whether any county order applies where you live.

Restaurants: the 2025 sound safe harbor

Senate Bill 1008 (Acts 2025, 89th Legislature, Chapter 48) added Health and Safety Code 437.029, effective September 1, 2025. It provides that "the department, a county, a municipality, or a public health district" may not require a sound regulation permit, charge a sound regulation fee, or otherwise prohibit sound-related activity at a food service establishment that meets the section's delivery-noise limits or, for a restaurant, its amplified-sound limits.

The delivery branch covers deliveries between 10 p.m. and 5 a.m. only if the delivery lasts one hour or less, is only for food, nonalcoholic beverages, food service supplies or ice, and its sound level, measured from the closest residential property, does not exceed 65 dBA (437.029(a)(1)).

The amplified-sound branch covers a business that "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" (437.029(a)(2)).

The restaurant branch has a neighbor exception. Under 437.029(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." The exception is written for subsection (a)(2), the amplified-sound branch.

Local enforcement stays in place within these limits: "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" (437.029(c)).

Loud cars: mufflers, horns and stereos

Mufflers. Transportation Code 547.604 provides: "(a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise. (b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle."

Section 547.004(a) makes it a misdemeanor to operate or move, or as an owner knowingly permit another to operate or move, a vehicle that "is equipped in a manner prohibited by this chapter." Section 547.604 sets no fine of its own, so the general penalty in 542.401 applies: "a fine of not less than $1 or more than $200." Section 542.4031(a) adds "$50 as a state traffic fine" for a person who pleads guilty or nolo contendere to, or is convicted of, an offense under the subtitle.

A court may dismiss an equipment charge if the defendant "(1) remedies the defect before the defendant's first court appearance; and (2) pays a reimbursement fee not to exceed $10" (547.004(c)). That dismissal option "does not apply to an offense involving a commercial motor vehicle" (547.004(d)).

Horns. Under 547.501, "(c) A motor vehicle operator shall use a horn to provide audible warning only when necessary to insure safe operation. (d) A warning device, including a horn, may not emit an unreasonably loud or harsh sound or a whistle." Under 547.501(b), a vehicle may not be equipped with, and a person may not use on a vehicle, "a siren, whistle, or bell" unless it is a commercial vehicle with a qualifying theft alarm or an authorized emergency vehicle. Section 547.501 sets no penalty of its own; a violation is a misdemeanor (542.301) punishable under the general penalty of $1 to $200 (542.401), plus the $50 state traffic fine (542.4031).

Car stereos and exhaust decibels. Chapter 547, the vehicle equipment chapter, contains no rule on vehicle sound systems and no decibel limit for exhaust. A loud stereo can still be charged as disorderly conduct if it meets the elements of Penal Code 42.01(a)(5), and a city ordinance may also reach it.

Shooting ranges

Texas protects sport shooting ranges from noise enforcement in five places:

• The disorderly conduct statute excludes "a sport shooting range" from the public places covered by 42.01(a)(5).
• Local noise penalties: "A governmental official may not seek a civil or criminal penalty against a sport shooting range or its owner or operator based on the violation of a municipal or county ordinance, order, or rule regulating noise: (1) if the sport shooting range is in compliance with the applicable ordinance, order, or rule; or (2) if no applicable noise ordinance, order, or rule exists" (Local Government Code 250.001(b)).
• Noise nuisance suits: "A person may not bring a nuisance or similar cause of action against a sport shooting range based on noise: (1) if the sport shooting range is in compliance with all applicable municipal and county ordinances, orders, and rules regulating noise; or (2) if no applicable noise ordinance, order, or rule exists" (Local Government Code 250.001(c)).
• City regulation of discharge: a municipality "may not adopt or enforce regulations that: (1) relate to: ... (C) the discharge of a firearm, air gun, or archery equipment at a sport shooting range" (Local Government Code 229.001(a)(1)(C)).
• Lawsuits: "Except as provided by Subsection (b), a civil action may not be brought against a sport shooting range, the owner or operator of a sport shooting range, or the owner of the real property on which a sport shooting range is operated for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the discharge of firearms" (Civil Practice and Remedies Code 128.052(a)). Subsection (b) keeps suits for breach of contract, damage to private property or personal injury or death caused by discharge on the range, and injunctive relief to enforce a valid ordinance, statute, or regulation. In "a civil action brought under this section," damages may be awarded or an injunction obtained "if the claimant shows by a preponderance of the evidence, through the testimony of one or more expert witnesses," that the range, its owner or operator, or the landowner "deviated from the standard of care that is reasonably expected of an ordinarily prudent sport shooting range" (128.052(c)).

Cities keep the power to "regulate the hours of operation of a sport shooting range, except that the hours of operation may not be more limited than the least limited hours of operation of any other business in the municipality other than a business permitted or licensed to sell or serve alcoholic beverages for on-premises consumption" (Local Government Code 229.001(b)(7)).

Farms and right to farm

Agriculture Code 251.004(a) provides that "No nuisance action or other action to restrain an agricultural operation may be brought against an agricultural operation that has lawfully been in operation and substantially unchanged for one year or more prior to the date on which the action is brought." Chapter 251 does not single out noise; the bar applies to nuisance actions generally.

A person who brings an action the section does not bar "must establish each element of the action by clear and convincing evidence," and the subsection "does not restrict or impede the authority of this state or a political subdivision to enforce state law" (251.004(a)). The section also does not affect recovery for injuries or damages caused by an operation "conducted in violation of a federal, state, or local statute or governmental requirement" that applies to it (251.004(c)).

City rules are limited too. A city governmental requirement "(1) does not apply to any agricultural operation located outside the corporate boundaries of the city; and (2) applies to an agricultural operation located in the corporate boundaries of the city only if the governmental requirement complies with Section 251.0055" (251.005(c)). Section 251.0055(a) requires, among other conditions, clear and convincing evidence that the requirement is necessary to protect nearby persons from the imminent danger of listed hazards, such as explosion, flooding or physical injury.

Subsection (b) can make a person who brings a nuisance action or other action to restrain an agricultural operation, and seeks damages or injunctive relief, liable to the agricultural operator for "all costs and expenses incurred in defense of the action, including attorney's fees, court costs, travel, and other related incidental expenses incurred in the defense" and "any other damages found by the trier of fact."

Home businesses

Cities keep their noise rules for home-based businesses. A business qualifies as a "no-impact" home-based business under Local Government Code 229.902 only if, among other conditions, it "does not substantially increase noise in the area or violate a municipal noise ordinance, regulation, or rule."

State park quiet hours

The Texas Parks and Wildlife Department states that "Quiet hours are 10 p.m. to 6 a.m." in state parks. The park rule, 31 TAC 59.134(m), as published in the department's park rules brochure, makes it an offense to "disturb other persons in sleeping quarters or in campgrounds between the hours of 10 p.m. and 6 a.m." or to "cause, create, or contribute to any noise which is broadcast, or caused to be broadcast, into sleeping quarters or campgrounds, or which emits sound beyond the person's immediate campsite, between the hours of 10 p.m. and 6 a.m., whether by shouting or singing, by using a radio, phonograph, television, or musical instrument, or by operating mechanical or electronic equipment."

One more part of the rule applies at any hour. It is an offense to "use electronic equipment, including electrical speakers, at a volume which emits sound beyond the immediate individual camp or picnic site at any time without specific permission of the director" (59.134(m)(3), as published in the department's park rules brochure).

A person who violates a park regulation adopted under Parks and Wildlife Code chapter 13, subchapter B, "commits an offense that is a Class C Parks and Wildlife Code misdemeanor" (Parks and Wildlife Code 13.112), punishable by "a fine of not less than $25 nor more than $500" (12.406).

What to do about a noisy neighbor in Texas

1. Check your city's ordinance. It sets the quiet hours, any decibel limits and how the city enforces them.
2. Call the police non-emergency line for ongoing loud noise. A peace officer's notice that the noise is a public nuisance is what makes later noise above 85 decibels presumptively unreasonable under 42.01(c)(2).
3. Contact city officials for ordinance enforcement, as TCEQ directs.
4. If you rent, your lease may have its own noise terms; see our guide to Texas landlord-tenant laws.

Civil Practice and Remedies Code chapter 125, the common nuisance statute, contains no provision on noise. A Type A city "may restrain or prohibit the firing of firecrackers or guns, ... the use of a firework or similar material" (Local Government Code 217.003(c)), and a home-rule city "may not define and prohibit as a nuisance the sale of fireworks or similar materials outside the limits of the municipality" (217.042(c)). For holiday fireworks, see our guide to Texas fireworks laws.

Related pages

• Noise ordinance laws by state
• Texas landlord-tenant laws
• Texas fireworks laws
• Oklahoma noise ordinance laws
• Louisiana noise ordinance laws

This article provides general legal information about Texas law, not legal advice. For advice about a specific situation, contact a lawyer licensed in Texas or your city or county government.

Last updated: 2026-10-10.

Frequently Asked Questions

What are the noise laws in Texas?

Intentionally or knowingly making unreasonable noise in a public place, or in or near a private residence you have no right to occupy, is a Class C misdemeanor under Penal Code 42.01(a)(5), with a fine of up to $500. Cities set quiet hours and decibel limits for neighborhoods by ordinance.

What are quiet hours in Texas?

Texas state parks have quiet hours from 10 p.m. to 6 a.m. (31 TAC 59.134(m)), with speakers audible beyond a camp or picnic site barred at any time without the director's permission, and the restaurant safe harbor in Health and Safety Code 437.029 uses 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday. Quiet hours for homes are set by your city's ordinance.

How loud is too loud in Texas?

Noise is presumed unreasonable if it exceeds 85 decibels after the person making it receives notice from a magistrate or peace officer that the noise is a public nuisance (Penal Code 42.01(c)(2)). Before that notice, the test is whether the noise was unreasonable, and your city may set its own decibel limits.

Can I call the police on a loud neighbor in Texas?

Yes. Unreasonable noise in or near a private residence the person has no right to occupy is disorderly conduct (42.01(a)(5)), and TCEQ directs noise complaints to local police or city officials. A peace officer's notice that the noise is a public nuisance also triggers the 85-decibel presumption for later noise.

What is the fine for disorderly conduct noise in Texas?

Noise disorderly conduct is a Class C misdemeanor, punishable by a fine of up to $500 (Penal Code 42.01(d), 12.23). The court sets the amount within that ceiling.

What is the fine for a loud muffler in Texas?

A muffler that does not prevent excessive or unusual noise, or a cutout or bypass, violates Transportation Code 547.604. The fine is $1 to $200 (542.401) plus a $50 state traffic fine (542.4031), and a court may dismiss the charge if the defect is fixed before the first court appearance and a fee of up to $10 is paid (547.004(c)).

Can a Texas city fine more than $500 for noise?

Local Government Code 54.001(b) caps ordinance fines at $500, except that ordinances governing fire safety, zoning, or public health and sanitation may carry up to $2,000. A noise ordinance is held to $500 unless it falls in one of the statute's higher tiers.

Can you sue a shooting range for noise in Texas?

Only in limited cases. Local Government Code 250.001(c) bars a noise nuisance suit if the range complies with all applicable noise ordinances, orders and rules or none exists, and Civil Practice and Remedies Code 128.052 bars suits relating to the discharge of firearms except as listed in subsection (b), and in an action under that section damages or an injunction require expert proof that the range deviated from the standard of care (128.052(c)). Officials also may not penalize a range under a local noise rule it complies with, or where no noise rule exists (250.001(b)). Cities may regulate a range's hours, but no more strictly than the least limited hours of any other business except on-premises alcohol sellers (Local Government Code 229.001(b)(7)).