Amend HB 126 (senate committee printing) by striking all
below the enacting clause and substituting the following:
      SECTION 1.  Sections 42.01(c) and (d), Penal Code, are
amended to read as follows:
      (c)  For purposes of this section:
            (1)  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; and
            (2)  a noise is presumed to be unreasonable if:
                  (A)  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; or
                  (B)  the noise exceeds a decibel level of 55
after the person making the noise receives notice from a magistrate
or peace officer that the noise is a public nuisance and the person
making the noise is on a premises for which a license or permit has
been issued under the Alcoholic Beverage Code authorizing the sale
of alcoholic beverages for on-premises consumption.
      (d)  An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if:
            (1)  <unless> committed under Subsection (a)(9) or
(a)(10); or
            (2)  committed under Subsection (a)(5) and the
defendant has previously been convicted under Subsection (a)(5)<,
in which event it is a Class B misdemeanor>.
      SECTION 2.  This Act takes effect September 1, 2001, and
applies only to an offense committed on or after that date.  An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.