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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of barking dogs by certain counties as a |
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nuisance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 343, Health and Safety |
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Code, is amended by adding Section 343.0115 to read as follows: |
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Sec. 343.0115. BARKING DOGS IN CERTAIN RESIDENTIAL AREAS. |
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(a) This section applies only to the unincorporated area of a |
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county: |
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(1) that is adjacent to a county with a population of |
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3.3 million or more; and |
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(2) in which a planned community is located that has |
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20,000 or more acres of land, that was originally established under |
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the Urban Growth and New Community Development Act of 1970 (42 |
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U.S.C. Section 4501 et seq.), and that is subject to restrictive |
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covenants containing ad valorem or annual variable budget based |
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assessments on real property. |
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(b) It is a public nuisance under Section 343.011 to allow |
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the barking of or another noise made by a dog outdoors on premises |
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in a neighborhood if a reasonable person would find the noise |
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objectionable. |
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(c) In determining whether a noise is objectionable to a |
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reasonable person under this section, the following factors may be |
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considered: |
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(1) the time of day the noise is produced; |
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(2) the proximity of the production of the noise to |
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other premises; and |
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(3) whether the sound is recurrent, intermittent, or |
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constant. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |