Texas Senate Bill SB862

Texas 2011 - 82nd Regular

Caption

Relating to the prosecution of the offense of disorderly conduct involving unreasonable noise.

Impact

The implications of SB862 are significant in terms of state law and local governance. By setting specific decibel levels as guidelines for what constitutes unreasonable noise, the bill provides law enforcement with a clearer framework for evaluating noise complaints. This change could lead to increased enforcement of noise ordinances and has potential repercussions for various industries, such as construction and agriculture, depending on local ordinances and contributed factors regarding operations. The law also preserves the ability of municipalities to enact noise regulations but establishes a baseline regarding noise levels.

Summary

SB862 aims to revise the existing legal framework surrounding disorderly conduct related to unreasonable noise in Texas. The bill amends Section 42.01 of the Penal Code, delineating specific conditions under which a person commits disorderly conduct by making unreasonable noise. Particularly, it establishes decibel levels of 85 during the day and 70 at night, beyond which noise would be considered unreasonable unless it relates to specific activities such as airport operations or agricultural activities that are deemed necessary. This amendment clearly defines the noise complaint jurisdiction while balancing the rights of residents against the operation of certain businesses.

Sentiment

The sentiment around SB862 appears to be mixed. Proponents support it as a necessary improvement for public peace and order, arguing that it clarifies and redefines the concept of unreasonable noise, aiding local authorities in addressing noise disturbances effectively. Conversely, some community members and lobbyists for certain industries express concern that the bill could disproportionately affect businesses and activities that are vital to local economies, warning against the potential for excessive noise regulation that might impact everyday livelihoods.

Contention

There are notable points of contention surrounding SB862, particularly regarding the balance it seeks between individual rights and communal peace. Critics argue that the standardized decibel levels might not adequately consider the unique contexts of different neighborhoods, especially those that could be detrimentally affected by strict noise regulations. Furthermore, opponents of the bill warn that its implementation may lead to tensions between residents and local businesses, as well as the possibility of under-enforcement of complaints against larger enterprises deemed to contribute to public noise.