| 1 | 1 | | 81R13804 EAH-D |
|---|
| 2 | 2 | | By: Eissler, Strama H.B. No. 2732 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the regulation of barking dogs by certain counties as a |
|---|
| 8 | 8 | | nuisance. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 343, Health and Safety |
|---|
| 11 | 11 | | Code, is amended by adding Section 343.0115 to read as follows: |
|---|
| 12 | 12 | | Sec. 343.0115. BARKING DOGS IN CERTAIN AREAS. (a) This |
|---|
| 13 | 13 | | section applies only to the unincorporated area of a county: |
|---|
| 14 | 14 | | (1) that has a population of 800,000 or more; or |
|---|
| 15 | 15 | | (2) that is adjacent to a county with a population of |
|---|
| 16 | 16 | | 3.3 million or more and in which a planned community is located |
|---|
| 17 | 17 | | that: |
|---|
| 18 | 18 | | (A) has 20,000 or more acres of land; |
|---|
| 19 | 19 | | (B) was originally established under the Urban |
|---|
| 20 | 20 | | Growth and New Community Development Act of 1970 (42 U.S.C. Section |
|---|
| 21 | 21 | | 4501 et seq.); and |
|---|
| 22 | 22 | | (C) is subject to restrictive covenants |
|---|
| 23 | 23 | | containing ad valorem or annual variable budget based assessments |
|---|
| 24 | 24 | | on real property. |
|---|
| 25 | 25 | | (b) It is a public nuisance under Section 343.011 to allow |
|---|
| 26 | 26 | | the barking of or another noise made by a dog outdoors if a |
|---|
| 27 | 27 | | reasonable person would find the noise objectionable, except that |
|---|
| 28 | 28 | | in a county described by Subsection (a)(2), the noise is a public |
|---|
| 29 | 29 | | nuisance only if made on premises in a neighborhood. |
|---|
| 30 | 30 | | (c) In determining whether a noise is objectionable to a |
|---|
| 31 | 31 | | reasonable person under this section, the following factors may be |
|---|
| 32 | 32 | | considered: |
|---|
| 33 | 33 | | (1) the time of day the noise is produced; |
|---|
| 34 | 34 | | (2) the proximity of the production of the noise to |
|---|
| 35 | 35 | | other premises; and |
|---|
| 36 | 36 | | (3) whether the sound is recurrent, intermittent, or |
|---|
| 37 | 37 | | constant. |
|---|
| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 42 | 42 | | Act takes effect September 1, 2009. |
|---|