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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of disorderly conduct |
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involving certain unreasonable noise. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 42.01, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) For purposes of this section: |
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(1) an act is deemed to occur in a public place or near |
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a private residence if it produces its offensive or proscribed |
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consequences in the public place or near a private residence; and |
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(2) a noise is presumed to be unreasonable if, [the
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noise exceeds a decibel level of 85] after the person making the |
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noise receives notice from a magistrate or peace officer that the |
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noise is a public nuisance, the noise exceeds a decibel level of: |
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(A) 85; or |
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(B) 70, if the noise: |
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(i) is made in an unincorporated area |
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during the nighttime; and |
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(ii) emanates from a device that produces, |
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amplifies, or projects music or other sound. |
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(g) For purposes of Subsection (c)(2), "nighttime" means |
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the period: |
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(1) beginning at 11 p.m. on Friday or Saturday or at 10 |
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p.m. on any other day; and |
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(2) ending immediately before 6 a.m. on the following |
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day. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |