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.