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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 343.0112 to read as follows: |
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Sec. 343.0112. 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 with a population of 275,000 or more. |
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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, 2009. |