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.