Bill Text: TX HB956 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the prosecution of the offense of disorderly conduct involving certain unreasonable noise.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-19 - Referred to Criminal Jurisprudence [HB956 Detail]
Download: Texas-2013-HB956-Introduced.html
83R4294 PEP-F | ||
By: Isaac | H.B. No. 956 |
|
||
|
||
relating to the prosecution of the offense of disorderly conduct | ||
involving certain unreasonable noise. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.01, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsection (g) to read as | ||
follows: | ||
(c) For purposes of this section: | ||
(1) an act is deemed to occur in a public place or near | ||
a private residence if it produces its offensive or proscribed | ||
consequences in the public place or near a private residence; and | ||
(2) a noise is presumed to be unreasonable if, [ |
||
|
||
noise receives notice from a magistrate or peace officer that the | ||
noise is a public nuisance, the noise exceeds a decibel level of: | ||
(A) 85; or | ||
(B) 70, if the noise: | ||
(i) is made in an unincorporated area | ||
during the nighttime; and | ||
(ii) emanates from a device that produces, | ||
amplifies, or projects music or other sound. | ||
(g) For purposes of Subsection (c)(2), "nighttime" means | ||
the period: | ||
(1) beginning at 11 p.m. on Friday or Saturday or at 10 | ||
p.m. on any other day; and | ||
(2) ending immediately before 6 a.m. on the following | ||
day. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2013. |