HBA-AMW H.B. 126 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 126
By: West, George "Buddy"
Criminal Jurisprudence
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the decibel threshold for unreasonable noise is 85
decibels.  Many individuals, especially in the unincorporated areas of a
county, are not protected by municipal ordinances restricting excessive
noise and must rely on state law for protection from excessive noise.
House Bill 126 lowers the decibel threshold for unreasonable noise from 85
to 55 decibels and provides exceptions to the offense of disorderly conduct
involving unreasonable noise. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 126 amends the Penal Code regarding exceptions to the offense of
disorderly conduct involving unreasonable noise in a public place or in or
near a private residence that the actor has no right to occupy. The bill
adds exceptions for noise related to the ordinary and necessary operations
or activities of airports and agricultural operations.  H.B. 126 amends the
sport shooting range exception from exempting all unreasonable noise in a
sport shooting range in existence on or before August 26, 1991, to
exempting only noise related to the ordinary and necessary operations or
activities of a sport shooting range in existence on or before August 26,
1991.  The bill adds exceptions for noise related to the ordinary and
necessary operations or activities of a business regulated by the Railroad
Commission of Texas, the Public Utility Commission of Texas, the Texas
Natural Resource Conservation Commission, the General Land Office, or the
Federal Energy Regulatory Commission.   

H.B. 126 also adds exceptions for noise related to activities that occur
and are allowed in a municipal area in which commercial or entertainment
purposes are permitted by zoning ordinance and the level of noise made by
the actor is permitted by the governing body of the municipality. 

H.B. 126 decreases from 85 to 55 the decibel level over which a noise is
presumed to be unreasonable after notice from a magistrate or peace officer
that the noise is a public nuisance. 

EFFECTIVE DATE

September 1, 2001.