1-1     By:  West (Senate Sponsor - Wentworth)                 H.B. No. 126
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Criminal
 1-4     Justice; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the prosecution of and the punishment for the offense
 1-9     of disorderly conduct involving unreasonable noise.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 42.01, Penal Code, is amended by amending
1-12     Subsections (a), (c), and (d) and adding Subsection (e) to read as
1-13     follows:
1-14           (a)  A person commits an offense if the person [he]
1-15     intentionally or knowingly:
1-16                 (1)  uses abusive, indecent, profane, or vulgar
1-17     language in a public place, and the language by its very utterance
1-18     tends to incite an immediate breach of the peace;
1-19                 (2)  makes an offensive gesture or display in a public
1-20     place, and the gesture or display tends to incite an immediate
1-21     breach of the peace;
1-22                 (3)  creates, by chemical means, a noxious and
1-23     unreasonable odor in a public place;
1-24                 (4)  abuses or threatens a person in a public place in
1-25     an obviously offensive manner;
1-26                 (5)  makes unreasonable noise in a public place [other
1-27     than a sport shooting range, as defined by Section 250.001, Local
1-28     Government Code,] or in or near a private residence that the actor
1-29     [he] has no right to occupy;
1-30                 (6)  fights with another in a public place;
1-31                 (7)  enters on the property of another and for a lewd
1-32     or unlawful purpose looks into a dwelling on the property through
1-33     any window or other opening in the dwelling;
1-34                 (8)  while on the premises of a hotel or comparable
1-35     establishment, for a lewd or unlawful purpose looks into a guest
1-36     room not the actor's [his] own through a window or other opening in
1-37     the room;
1-38                 (9)  discharges a firearm in a public place other than
1-39     a public road or a sport shooting range, as defined by Section
1-40     250.001, Local Government Code;
1-41                 (10)  displays a firearm or other deadly weapon in a
1-42     public place in a manner calculated to alarm;
1-43                 (11)  discharges a firearm on or across a public road;
1-44     or
1-45                 (12)  exposes the actor's [his] anus or genitals in a
1-46     public place and is reckless about whether another may be present
1-47     who will be offended or alarmed by the actor's conduct [his act].
1-48           (c)  For purposes of this section:
1-49                 (1)  an act is deemed to occur in a public place or
1-50     near a private residence if it produces its offensive or proscribed
1-51     consequences in the public place or near a private residence;  and
1-52                 (2)  a noise is presumed to be unreasonable if the
1-53     noise exceeds a decibel level of 55 [85] after the person making
1-54     the noise receives notice from a magistrate or peace officer that
1-55     the noise is a public nuisance.
1-56           (d)  An offense under this section is a Class C misdemeanor,
1-57     except that the offense is a Class B misdemeanor if:
1-58                 (1)  [unless] committed under Subsection (a)(9) or
1-59     (a)(10); or
1-60                 (2)  committed under Subsection (a)(5) and the
1-61     defendant has previously been convicted under Subsection (a)(5)[,
1-62     in which event it is a Class B misdemeanor].
1-63           (e)  It is an exception to the application of Subsection
1-64     (a)(5) that the noise made by the actor relates to:
 2-1                 (1)  the ordinary and  necessary operations or
 2-2     activities of:
 2-3                       (A)  an airport;
 2-4                       (B)  an agricultural operation, as defined by
 2-5     Section 251.002, Agriculture Code;
 2-6                       (C)  a business regulated by:
 2-7                             (i)  the Railroad Commission of Texas;
 2-8                             (ii)  the Public Utility Commission of
 2-9     Texas;
2-10                             (iii)  the Texas Natural Resource
2-11     Conservation Commission;
2-12                             (iv)  the General Land Office; or
2-13                             (v)  the Federal Energy Regulatory
2-14     Commission; or
2-15                       (D)  a sport shooting range, as defined by
2-16     Section 250.001, Local Government Code; or
2-17                 (2)  an activity that occurs and is allowed in a
2-18     municipal area in which:
2-19                       (A)  commercial or entertainment purposes are
2-20     permitted by zoning ordinance; and
2-21                       (B)  the level of noise made by the actor is
2-22     permitted by the governing body of the municipality.
2-23           SECTION 2.  This Act takes effect September 1, 2001, and
2-24     applies only to an offense committed on or after that date.  An
2-25     offense committed before the effective date of this Act is covered
2-26     by the law in effect when the offense was committed, and the former
2-27     law is continued in effect for that purpose.  For purposes of this
2-28     section, an offense was committed before the effective date of this
2-29     Act if any element of the offense occurred before that date.
2-30                                  * * * * *