HBA-AMW H.B. 581 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 581
By: Kuempel
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the maximum penalty for unreasonable noise is a $500
fine. This penalty does not deter some individuals and businesses who
exceed the legal noise limit on a regular basis and some businesses may
consider the fine a reasonable cost of doing business.  House Bill 581
increases the penalty for repeat violators of the provisions against
unreasonable noise to a fine not to exceed $2,000, confinement in jail not
to exceed 180 days, or both the fine and confinement. 

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 581 amends the Penal Code to increase from a Class C misdemeanor
to a Class B misdemeanor the penalty for a person who intentionally or
knowingly  makes unreasonable noise in a public place other than a sport
shooting range, or in or near a private residence that the person has no
right to occupy if the person has  previously been convicted of such an
offense. 

EFFECTIVE DATE

September 1, 2001.