H.B. No. 1852
 
 
 
 
AN ACT
  relating to the authority of a county to regulate the installation
  and use of lighting in certain areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 240.031, Local Government Code, is
  amended by adding Subdivision (4) to read as follows:
               (4)  "Agricultural use" has the meaning assigned by
  Section 23.51, Tax Code.
         SECTION 2.  The heading to Subchapter B, Chapter 240, Local
  Government Code, is amended to read as follows:
  SUBCHAPTER B.  OUTDOOR LIGHTING NEAR
  OBSERVATORIES AND MILITARY INSTALLATIONS
         SECTION 3.  Section 240.032, Local Government Code, is
  amended by adding Subsection (b-1) and amending Subsections (c) and
  (d) to read as follows:
         (b-1)  On the request of a United States military
  installation, base, or camp commanding officer, the commissioners
  court of a county, any part of which is located immediately adjacent
  to the installation, base, or camp, may adopt orders regulating the
  installation and use of outdoor lighting within five miles of the
  installation, base, or camp in any unincorporated territory of the
  county.
         (c)  The orders must be designed to protect against the use
  of outdoor lighting in a way that interferes with scientific
  astronomical research of the observatory or military and training
  activities of the military installation, base, or camp.  In the
  orders, the commissioners court may:
               (1)  require that a permit be obtained from the county
  before the installation and use of certain types of outdoor
  lighting in a regulated area;
               (2)  establish a fee in an amount to cover the costs of
  administrating the order for the issuance of the permit;
               (3)  prohibit the use of a type of outdoor lighting that
  is incompatible with the effective use of the observatory or
  military installation, base, or camp;
               (4)  establish requirements for the shielding of
  outdoor lighting; and
               (5)  regulate the times during which certain types of
  outdoor lighting may be used.
         (d)  The commissioners court may apply more stringent
  standards for areas in which the use of outdoor lighting has a
  greater impact on observatory or military installation, base, or
  camp activities.
         SECTION 4.  Subchapter B, Chapter 240, Local Government
  Code, is amended by adding Section 240.0325 to read as follows:
         Sec. 240.0325.  EXCEPTION FOR CERTAIN OUTDOOR LIGHTING.  The
  commissioners court may not adopt an order under Section 240.032
  regulating the installation and use of outdoor lighting that is
  located within five miles of a military installation, base, or camp
  located in the unincorporated area of a county and:
               (1)  was installed or used before the effective date of
  the order and is necessary for the operations of:
                     (A)  an electric utility, power generation
  company, or transmission and distribution utility, as those terms
  are defined by Section 31.002, Utilities Code;
                     (B)  an electric cooperative or a municipally
  owned utility, as those terms are defined by Section 11.003,
  Utilities Code;
                     (C)  a gas utility, as defined by Section 101.003
  or 121.001, Utilities Code;
                     (D)  surface coal mining and reclamation
  operations, as defined by Section 134.004, Natural Resources Code;
                     (E)  a telecommunications provider, as defined by
  Section 51.002, Utilities Code, or its affiliates; or
                     (F)  a manufacturing facility required by Texas
  Commission on Environmental Quality rule to hold a permit; or
               (2)  is owned or maintained for the purpose of
  illuminating:
                     (A)  a tract of land that is maintained as a single
  family residence and that is located outside the boundaries of a
  platted subdivision;
                     (B)  a tract of land maintained for agricultural
  use;
                     (C)  an activity that takes place on a tract of
  land maintained for agricultural use;
                     (D)  structures or related improvements located
  on a tract of land maintained for agricultural use; or
                     (E)  a correctional facility operated by or under
  a contract with the Texas Department of Criminal Justice.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1852 was passed by the House on April
  5, 2007, by the following vote:  Yeas 139, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1852 on May 14, 2007, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1852 was passed by the Senate, with
  amendments, on May 8, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor