By:  Danburg                                          H.B. No. 1042
       73R3396 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of excessive noise on premises licensed
    1-3  under the Alcoholic Beverage Code.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.62, Alcoholic Beverage Code, is
    1-6  amended to read as follows:
    1-7        Sec. 101.62.  OFFENSIVE NOISE ON PREMISES.  (a)  No licensee
    1-8  or permittee who sells alcoholic beverages at retail or serves
    1-9  alcoholic beverages to members or guests of a private club<, on
   1-10  premises under his control,> may maintain or permit on premises
   1-11  under the licensee's or permittee's control a radio, television,
   1-12  amplifier, piano, phonograph, music machine, orchestra, band,
   1-13  singer, speaker, entertainer, or other device or person that
   1-14  produces, amplifies, or projects music or other sound that:
   1-15              (1)  is <loud,> vociferous, vulgar, indecent, lewd, or
   1-16  otherwise offensive to persons on or near the licensed premises; or
   1-17              (2)  exceeds 85 decibels at a distance of 50 feet or
   1-18  more from property on which the licensed premises are located.
   1-19        (b)  This section does not apply to premises encompassing or
   1-20  located in a sports stadium or amusement park.
   1-21        SECTION 2.  This Act takes effect September 1, 1993.
   1-22        SECTION 3.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency   and   an   imperative   public   necessity   that   the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended.