By Zbranek                                              H.B. No. 96

      75R1113 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the noise level presumption in the prosecution of the

 1-3     offense of disorderly conduct.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 42.01(c), Penal Code, is amended to read

 1-6     as follows: 

 1-7           (c)  For purposes of this section:

 1-8                 (1)  an act is deemed to occur in a public place or

 1-9     near a private residence if it produces its offensive or proscribed

1-10     consequences in the public place or near a private residence;  and

1-11                 (2)  a noise is presumed to be unreasonable if the

1-12     noise exceeds a decibel level of 55 [85] after the person making

1-13     the noise receives notice from a magistrate or peace officer that

1-14     the noise is a public nuisance.

1-15           SECTION 2.  (a)  The change in law made by this Act applies

1-16     only to an offense committed on or after the effective date of this

1-17     Act.  For purposes of this section, an offense is committed before

1-18     the effective date of this Act if any element of the offense occurs

1-19     before that date.

1-20           (b)  An offense committed before the effective date of this

1-21     Act is covered by the law in effect when the offense was committed,

1-22     and the former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.