| |
| |
| |
|
|
AN ACT
|
|
|
relating to regulation of outdoor lighting in certain areas; |
|
|
providing a criminal penalty and for injunctive relief. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 229, Local Government Code, is amended |
|
|
by adding Subchapter B to read as follows: |
|
|
SUBCHAPTER B. REGULATION OF OUTDOOR LIGHTING |
|
|
Sec. 229.051. DEFINITIONS. In this subchapter, "major |
|
|
astronomical observatory" and "outdoor lighting" have the meanings |
|
|
assigned by Section 240.031. |
|
|
Sec. 229.052. APPLICABILITY. (a) This subchapter applies |
|
|
to a municipality located in a county any part of which is located |
|
|
within 57 miles of a major astronomical observatory at the McDonald |
|
|
Observatory. |
|
|
(b) This subchapter does not apply to: |
|
|
(1) outdoor lighting in existence or under |
|
|
construction on January 1, 2012; or |
|
|
(2) the installation, maintenance, repair, or |
|
|
replacement of outdoor lighting owned or operated by an electric |
|
|
utility as defined by Section 31.002, Utilities Code. |
|
|
Sec. 229.053. REGULATION OF OUTDOOR LIGHTING. (a) The |
|
|
governing body of a municipality by ordinance shall regulate the |
|
|
installation and use of outdoor lighting. |
|
|
(b) An ordinance adopted under this section must be designed |
|
|
to protect against the use of outdoor lighting in a way that |
|
|
interferes with scientific astronomical research of an |
|
|
observatory. |
|
|
(c) In the ordinance, the governing body may: |
|
|
(1) require that a permit be obtained from the |
|
|
municipality 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 issuance of the permit; |
|
|
(3) prohibit the use of a type of outdoor lighting that |
|
|
is incompatible with the effective use of an observatory; |
|
|
(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 governing body may apply more stringent standards |
|
|
for areas in which the use of outdoor lighting has a greater impact |
|
|
on observatory activities. |
|
|
(e) The governing body may adopt an ordinance under this |
|
|
section only after conducting a public hearing on the proposed |
|
|
ordinance. The governing body shall give at least two weeks' public |
|
|
notice of the hearing. |
|
|
Sec. 229.054. REGULATION OF SUBDIVISIONS. (a) The |
|
|
governing body of a municipality by ordinance shall establish |
|
|
standards relating to proposed subdivisions to minimize the |
|
|
interference with observatory activities caused by outdoor |
|
|
lighting. |
|
|
(b) The governing body may not approve a subdivision plat |
|
|
unless the plat provides that outdoor lighting will comply with |
|
|
standards adopted under this section. |
|
|
Sec. 229.055. ENFORCEMENT; PENALTY. (a) A municipality |
|
|
may sue in any court to enjoin a violation of this subchapter. |
|
|
(b) A person who violates an ordinance adopted under this |
|
|
subchapter commits an offense. An offense under this section is a |
|
|
Class C misdemeanor. |
|
|
SECTION 2. Section 240.032(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The [On the request of the director of McDonald
|
|
|
Observatory, the] commissioners court of a county, any part of |
|
|
which is located within 57 miles of a major astronomical |
|
|
observatory at the McDonald Observatory, shall [may] adopt orders |
|
|
regulating the installation and use of outdoor lighting in any |
|
|
unincorporated territory of the county. |
|
|
SECTION 3. Section 240.033, Local Government Code, is |
|
|
amended by amending Subsection (b) and adding Subsections (c) and |
|
|
(d) to read as follows: |
|
|
(b) The commissioners court of a county, any part of which |
|
|
is located within 57 miles of a major astronomical observatory at |
|
|
the McDonald Observatory, shall adopt orders establishing |
|
|
standards relating to proposed subdivisions to minimize the |
|
|
interference with observatory activities caused by outdoor |
|
|
lighting. |
|
|
(c) The commissioners court of a county, any part of which |
|
|
is located [or] within five miles of a major astronomical |
|
|
observatory at the George Observatory or the Stephen F. Austin |
|
|
State University Observatory, may adopt orders establishing |
|
|
standards relating to proposed subdivisions [in order] to minimize |
|
|
the interference with observatory activities caused by outdoor |
|
|
lighting. |
|
|
(d) A [The] commissioners court that adopts orders under |
|
|
this section may not approve a plat of a proposed subdivision that |
|
|
does not meet the standards established in the orders. |
|
|
SECTION 4. Chapter 229, Local Government Code, is amended |
|
|
by designating Sections 229.001, 229.002, and 229.003 as Subchapter |
|
|
A and adding a heading for Subchapter A to read as follows: |
|
|
SUBCHAPTER A. REGULATION OF FIREARMS AND EXPLOSIVES |
|
|
SECTION 5. Section 240.031(3), Local Government Code, is |
|
|
repealed. |
|
|
SECTION 6. This Act takes effect January 1, 2012. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2857 was passed by the House on April |
|
|
21, 2011, by the following vote: Yeas 145, Nays 3, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2857 on May 27, 2011, by the following vote: Yeas 141, Nays 1, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2857 was passed by the Senate, with |
|
|
amendments, on May 25, 2011, by the following vote: Yeas 25, Nays |
|
|
6. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |