79R2423 MXM-D


By:  Eissler                                                      H.B. No. 663



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of barking dogs by certain counties as a 
nuisance.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 343, Health and Safety 
Code, is amended by adding Section 343.0115 to read as follows:
	Sec. 343.0115.  BARKING DOGS IN CERTAIN RESIDENTIAL AREAS.  
(a)  This section applies only to the unincorporated area of a 
county with a population of 275,000 or more that is adjacent to a 
county with a population of 3.3 million or more.
	(b)  It is a public nuisance under Section 343.011 to allow 
the barking of or another noise made by a dog outdoors on premises 
in a neighborhood if a reasonable person would find the noise 
objectionable.
	(c)  In determining whether a noise is objectionable to a 
reasonable person under this section, the following factors may be 
considered:
		(1)  the time of day the noise is produced;                            
		(2)  the proximity of the production of the noise to 
other premises; and
		(3)  whether the sound is recurrent, intermittent, or 
constant.      
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.