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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 AREAS. (a) This |
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section applies only to the unincorporated area of a county: |
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(1) that has a population of 800,000 or more; or |
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(2) that is adjacent to a county with a population of |
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3.3 million or more and in which a planned community is located |
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that: |
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(A) has 20,000 or more acres of land; |
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(B) was originally established under the Urban |
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Growth and New Community Development Act of 1970 (42 U.S.C. Section |
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4501 et seq.); and |
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(C) is subject to restrictive covenants |
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containing ad valorem or annual variable budget based assessments |
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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 if a |
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reasonable person would find the noise objectionable, except that |
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in a county described by Subsection (a)(2), the noise is a public |
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nuisance only if made on premises in a neighborhood. |
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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, 2009. |