Dallas, TX Short-Term Rentals: Noise Rules (2026)
Key Facts
- Statute
- Tex. Penal Code Sec. 42.01(a)(5)
- Offense class
- Class C misdemeanor
- Decibel presumption
- Over 85 dB after warning
- Coverage
- Public place or near a private residence
- Cross-effect
- Counts toward STR registration strikes
Summary
Texas Penal Code Sec. 42.01(a)(5) makes it disorderly conduct to make unreasonable noise in or near a private residence a person has no right to occupy, exactly the scenario when a short-term rental guest throws a loud party. Once a magistrate or officer has already warned that the noise is a nuisance, anything measured above 85 decibels is presumed unreasonable, and the offense is a Class C misdemeanor.
Sec. 42.01. DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally or knowingly: ... (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; ... (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor.
Full Breakdown
Texas Penal Code Chapter 42 makes disorderly conduct a state crime enforceable by Dallas police anywhere in the city, including at short-term rentals covered by Dallas Code Chapter 42B. Sec. 01(a)(5) criminalizes making unreasonable noise in a public place, or in or near a private residence that the person has no right to occupy, which covers a rental guest's party disturbing neighbors even though the short-term rental itself sits on private property. Sec. 01(c)(1) clarifies that the offense occurs wherever the noise's disruptive effects are felt, not just where the noise originates, so a neighboring homeowner or an adjoining rental guest can be the complainant.
Sec. 01(c)(2) sets an evidentiary shortcut: once a magistrate or peace officer has given notice that the noise is a public nuisance, any later noise exceeding 85 decibels is presumed unreasonable, though officers can still cite noise below that threshold if the circumstances make it unreasonable. This state charge sits alongside, and is broader than, the Dallas ordinance at Sec. ; the state offense has no time-of-day limit and reaches any unreasonable noise, amplified or not. A Sec. 01 violation is a Class C misdemeanor, fine-only, unless charged under Subsection (a)(7) or (a)(8) for firearm discharge, which raises it to a Class B misdemeanor.
Violations & Fines
A person convicted of disorderly conduct for unreasonable noise under Sec. 42.01(a)(5) faces a Class C misdemeanor, a fine-only offense with no jail time. Repeated police responses to the same short-term rental for noise can also count toward the two-citation threshold that lets Dallas revoke the property's Chapter 42B registration under Sec. 42B-10.
Frequently Asked Questions
Can Dallas police cite short-term rental guests for a loud party?
What noise level counts as unreasonable under Texas law?
Is disorderly conduct the same as Dallas's short-term rental noise rule?
Sources & Official References
Other rules in Dallas
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Noise Rules in Nearby Cities
How other cities in Dallas County handle noise rules.