Bill Text: TX HB956 | 2013-2014 | 83rd Legislature | Introduced

Texas House Bill 956 (Prior Session Legislation)

Introduced

Bill Title: Relating to the prosecution of the offense of disorderly conduct involving certain unreasonable noise.

Sponsorship: Partisan Bill (Republican 1)

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



	A BILL TO BE ENTITLED
	AN ACT
	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, [~~the~~
	~~noise exceeds a decibel level of 85~~] after the person making the
	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.