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.