78R7069 ATP-D

By:  Kuempel                                                      H.B. No. 2018



A BILL TO BE ENTITLED

AN ACT

relating to the presumption that a noise is unreasonable for 
purposes of establishing the commission of the offense of 
disorderly conduct.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.01, Penal Code, is amended by adding 
Subsections (f)-(i) to read as follows:
	(f)  On or after September 1, 2003, a noise is presumed to be 
unreasonable under Subsection (a)(5) if the noise:
		(1)  is produced by a business or enterprise that uses a 
facility, the construction of which begins on or after September 1, 
2003;
		(2)  is made within 5,000 feet of a residence, school, 
hospital, or nursing home; and
		(3)  meets any of the following requirements:                          
			(A)  exceeds a decibel level of 65 at a distance of 
500 feet from any portion of the boundary of the property on which 
the noise is produced;
			(B)  is sustained for a continuous period of 15 
minutes or more; or 
			(C)  intermittently occurs three or more times 
within a one-hour period.
	(g)  On or after September 1, 2005, a noise is presumed to be 
unreasonable under Subsection (a)(5) if the noise:
		(1)  is produced by a business or enterprise;                          
		(2)  is made within 5,000 feet of a residence, school, 
hospital, or nursing home; and
		(3)  meets any of the following requirements:                          
			(A)  exceeds a decibel level of 65 at a distance of 
500 feet from any portion of the boundary of the property on which 
the noise is produced;
			(B)  is sustained for a continuous period of 15 
minutes or more; or 
			(C)  intermittently occurs three or more times 
within a one-hour period.
	(h)  Notwithstanding Section 2.05 or other law, a 
presumption established under Subsection (f) or (g) may be rebutted 
only by clear and convincing evidence.
	(i)  Subsections (f) and (g) do not apply to a business or 
enterprise that produces a noise:
		(1)  for the purpose of alerting persons to the 
existence of an emergency, danger, or attempted crime;
		(2)  from the use of an emergency vehicle;                             
		(3)  while conducting emergency work necessary to 
restore public utilities, to restore property to a safe condition, 
or to protect persons or property from imminent danger;
		(4)  in connection with a lawfully:                                    
			(A)  scheduled stadium or amphitheater event; or                      
			(B)  permitted parade;                                                
		(5)  in connection with a reenactment of a historical 
battle for which any required permit was obtained and any 
explosives used were inspected by the fire marshal with 
jurisdiction in the area in which the noise is produced;
		(6)  from the use of fireworks or pyrotechnics;                        
		(7)  in connection with an outdoor event, race, 
festival, or concert that was sponsored or cosponsored by the 
county in which the noise is produced;
		(8)  in connection with any other lawful activity that 
constitutes protected expression under the First Amendment of the 
United States Constitution;
		(9)  in connection with the construction, excavation, 
demolition, alteration, or repair of a building or other structure 
or the operation of tools or equipment to construct, excavate, 
demolish, alter, or repair a building or other structure, conducted 
after 7 a.m. and before 8 p.m. that does not exceed 75 decibels;
		(10)  from the use of aircraft in operation at an 
airport or in flight, or railroad equipment in operation on 
railroad rights-of-way;
		(11)  from the operation of a mechanically powered saw, 
drill, sander, router, grinder, lawn or garden tool, lawnmower, or 
any other similar device after 7 a.m. and before 8 p.m. that does 
not exceed 85 decibels;
		(12)  from the operation of any air-conditioning unit 
that does not exceed 65 decibels on residential property or 75 
decibels on nonresidential property;
		(13)  from the use of bells or chimes as part of a 
religious observance or service after 7 a.m. and before 10 p.m. that 
does not exceed five continuous minutes in duration in any one-hour 
period;
		(14)  in connection with the discharge of a firearm at a 
public or private shooting range or on private property; or
		(15)  in connection with the operations of an electric 
utility or a power generation company as defined by Section 31.002, 
Utilities Code, or a gas utility as defined by Section 101.003 or 
121.001, Utilities Code.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  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.
	SECTION 3.  This Act takes effect September 1, 2003.