82R10473 PEP-D
By: Isaac H.B. No. 2180
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of disorderly conduct
involving unreasonable noise.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.01(c), Penal Code, is amended 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 60 [85] after the person making the noise
receives notice from a magistrate or peace officer that the noise is
a public nuisance.
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, 2011.