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1 | 1 | By: Cook S.B. No. 2739 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | A BILL TO BE ENTITLED | |
7 | 7 | AN ACT | |
8 | 8 | Relating to unreasonable noise near a private residence. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 42.01, Penal Code, is amended by adding | |
11 | 11 | Subsection (c) to read as follows: | |
12 | 12 | (c) For purposes of this section: | |
13 | 13 | (1) an act is deemed to occur in a public place or near | |
14 | 14 | a private residence if it produces its offensive or proscribed | |
15 | 15 | consequences in the public place or near a private residence; and | |
16 | 16 | (2) a noise is presumed to be unreasonable if the noise | |
17 | 17 | exceeds a decibel level of 85 after the person making the noise | |
18 | 18 | receives notice from a magistrate or peace officer that the noise is | |
19 | 19 | a public nuisance.; and | |
20 | 20 | (3) a noise is presumed to be unreasonable if the noise | |
21 | 21 | exceeds a decibel level of 58 or causes vibrations at a private | |
22 | 22 | residence that is within 30 feet when measured in a direct line of | |
23 | 23 | the property line at which the noise is produced. | |
24 | 24 | SECTION 2. This Act takes effect September 1, 2025. |