85R12815 ADM-F
By: Dean H.B. No. 2793
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for certain behavior constituting
disorderly conduct; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.01(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if the offense is
committed under:
(1) Subsection (a)(5) and it is shown on the trial of
the offense that:
(A) the actor made the unreasonable noise:
(i) during the nine-hour period occurring
between the hours of 9 p.m. and 6 a.m.; and
(ii) after receiving notice of a complaint
regarding a previous noise made by the actor during the same period
described by Subparagraph (i); and
(B) the previous noise was unreasonable; or
(2) [unless committed under] Subsection (a)(7) or
(a)(8)[, in which event it is a Class B misdemeanor].
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, 2017.