HBA-MPM H.B. 274 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 274
By: West, George
Criminal Jurisprudence
3/24/1999
Introduced


BACKGROUND AND PURPOSE 

The Penal Code makes provisions for determining what is considered
disorderly conduct in terms of unreasonable noisemaking.  The decibel
threshold, traditionally measured at the physical location of the
complaint, is presently set at 85 decibels.  Many individuals in
unincorporated parts of a county do no have the protection of municipal
ordinances restricting excessive noise and therefore rely on the applicable
provisions of the Penal Code.  H.B. 274 lowers the threshold at which noise
is considered unreasonable in the code from 85 to 55 decibels.
Furthermore, this bill sets forth certain exceptions if the noise is
related to the ordinary and necessary operations or activities of an
airport, an agricultural operation, businesses regulated by certain state
governmental entities, or a sport shooting range.   

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 42.01, Penal Code, to amend Subsections (a) and
(c) and to add Subsection (e), as follows: 

(a)  Makes conforming and nonsubstantive changes.

(c)  Decreases the decibel level of noise presumed unreasonable from 85 to
55 decibels, after which the person making the noise receives notice from a
magistrate or peace officer that the noise is a public nuisance. 

(e)  Sets forth the following exceptions to the application of Subsection
(a)(5): 

-the noise is related to the ordinary and necessary operations or
activities of an airport,  
-an agricultural operation as defined by Section 251.002, Agriculture Code, 
-businesses regulated by certain state governmental entities, or 
-a sport shooting range, as defined by Section 250.001, Local Government
Code.  

Sets forth that exceptions also apply if the noise results from an activity
that occurs and is allowed in a municipal area where commercial or
entertainment purposes are permitted by zoning ordinance and the level of
noise is permitted by the municipality's governing body.  

Section 251.002 (Definitions), Agriculture Code, defines an "agricultural
operation" as one that includes but is not limited to the following
activities: cultivating the soil; producing crops for human food, animal
feed, planting seed, or fiber; floriculture; viticulture; horticulture;
raising or keeping livestock or poultry; and planting cover crops or
leaving land idle for the purpose of participating in any governmental
program or normal crop or livestock rotation procedure.  Section 251.001
(Restriction on Regulation of Sport Shooting Range), Local Government Code
defines "sport shooting range" as a business establishment that is in
existence on or before the effective date of this  Act and operating an
area for the discharge or other use of firearms for silhouette, skeet,
trap, black powder, target, self-defense, or similar recreational shooting. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.