SRC-JBJ H.B. 126 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 126
77R12195 JMC-FBy: West, George "Buddy" (Wentworth)
Criminal Justice
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, the decibel threshold for unreasonable noise is 85
decibels.  Many individuals, especially in the unincorporated areas of a
county, are not protected by municipal ordinances restricting excessive
noise and must rely on state law for protection from excessive noise. H.B.
126 lowers the decibel threshold for unreasonable noise from 85 to 55
decibels and provides exceptions to the offense of disorderly conduct
involving unreasonable noise.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.01, Penal Code, by amending Subsections (a),
(c), and (d) and adding Subsection (e), to provide that a person commits an
offense if the person intentionally or knowingly takes certain enumerated
actions.  Provides that for purposes of this section 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 a noise is presumed to be unreasonable if the noise exceeds a
decibel level of 55, rather than 85, after the person making the noise
receives notice from a magistrate or peace officer that the noise is a
public nuisance.  Provides that an offense under this section is a Class C
misdemeanor, except that the offense is a Class B misdemeanor under certain
conditions.  Provides that it is an exception to the application of
Subsection (a)(5) that the noise made by the actor relates to certain
activities. 

SECTION 2.  Effective date: September 1, 2001.
            Makes application of this Act prospective.